In the grand scheme of auto accidents, those involving motorcycles can be particularly devastating. This is mostly due to the lack of protection motorcyclists have against injury, and damages can be very high.
If your accident with a motorcycle was caused by negligence on either end, you may be able to file a lawsuit in order to compensate for your damages.
However, whether or not you can sue will greatly depend upon the circumstances that led to your accident.
Who Can Sue for a Motorcycle Accident?
Determining whether you can sue for a motorcycle accident depends on which party’s negligence caused the motorcycle accident in the first place.
For example, if your vehicle is hit by a motorcyclist who ignored a red light, the motorcyclist will be held responsible for compensating your damages. On the other hand, if you answer a text while driving and hit a motorcyclist, you will be held responsible.
There are also some circumstances in which both parties will have been acting negligently. The state of Florida follows a modified comparative negligence system in which fault can be divided amongst both parties and compensation is reduced based on each party’s percentage of fault.
Here’s an example: Imagine a car driver and a motorcyclist are involved in a crash. The car driver was speeding at the time of the accident, and the motorcyclist was changing lanes without signaling. If the motorcyclist is found to be 30% at fault and the car driver 70% at fault, the motorcyclist could still recover compensation. However, their compensation would be reduced by 30% to account for their share of negligence.
Under Florida law, as long as a driver is less than 51% at fault, they’re entitled to compensation.
Which Motorcycle Accident Damages Can I Receive?
Damages that can be compensated for in a motorcycle accident include:
- Physical injuries
- Mental injuries like depression or anxiety
- Loss of quality of life
- Lost wages over a long or short period of time
If you or someone you love have suffered due to a Florida motorcycle accident, the team at Lorenzo & Lorenzo will exhaust all efforts to make sure you receive the compensation you deserve. Contact us today for a free consultation.
