Proving Fault in a Motorcycle Accident
Going out for a nice ride out on a motorcycle sounds like a dream for some, especially in Florida. However, before you decide to take your new bike on a ride, you should research laws associated with riding a motorcycle for your safety.
Florida is a no-fault state for auto insurance, but that doesn’t include motorcycles. Below we’ll explain basic laws for motorcyclists and common dangers you may encounter on the road.
How Is Fault Determined?
Even if you were to follow all of the best safety practices while out for a ride, an accident could still occur. Since Florida is a no-fault state, if you were to get into an accident, the costs to repair your bike and any medical expenses would need to be covered by your own insurance.
When the question of who is at fault arises, determining fault depends on the situation and what potentially caused the crash. In most cases, drivers of cars or trucks are more likely to be at fault for motorcycle crashes that involve other vehicles, according to the National Highway Traffic Safety Administration (NHTSA).
How Do Courts Determine Fault?
Like most courts, in Florida, when you file a motorcycle accident claim, there are steps and a procedure that the court uses before your case can go before a jury. If you have been in an accident that you feel needs to go to court, you should immediately hire an injury attorney that is familiar with your local court system.
Your lawyer would then go through a process to get the case pushed through by making legal arguments on your behalf. This process can take a month or more, depending on the situation, and then your case will be scheduled to go to trial.
Assuming you’re the victim of the accident, it is your responsibility to prove that the party you are taking to court was at fault at the time of the crash.
If you’re the victim, then your attorney can work with you to argue that your claim is truthful and “more likely than not” that the accident was not your fault. While this does not mean that this would be the outcome, it just means that your attorney can help you form an argument that works in your favor once your case goes to trial.
How Is Fault Proved In Court?
Normally, the party that did something wrong would be considered at fault for causing the crash, which is known as negligence.
There are several risky behaviors that could be negligent, such as:
Texting and driving.
Driving while intoxicated.
Driving under the influence of drugs.
Violating traffic laws.
Also, any other dangerous acts the driver did behind the wheel to cause your crash could be considered negligent. If the driver were negligent but didn’t cause the crash, they likely wouldn’t be held at fault for the crash.
There are many other ways to prove fault that your attorney can help you argue in court. In order to try to avoid a motorcycle crash or, at least, try to prevent one, you should be aware of the dangers you may face on the road.
What Dangers Do Motorcyclists Face On the Road?
Unfortunately, Florida is known as one of the most dangerous states to ride a motorcycle. Here are some preventable causes of motorcycle accidents:
Drunk drivers driving under the influence.
Unexpected lane changes.
Legal Advice From a Personal Injury Attorney in Florida
Motorcycle accidents can cause serious injuries that, for some, become lifelong injuries. You should be compensated if you are a victim of negligence by other motorists. Our attorneys at Four Rivers Law Firm will work with you to help you seek justice for your accident.
Contact us today at (813) 331-5056 to schedule a consultation and prepare your personal injury case.