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Assessing Legal Liability for Motorcycle Accident

06th May 2011
By browncynk in Personal Injury
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While a car provides the driver additional safety with features like seatbelts, airbags, and so on, the motorcycle rider essentially does not have any such protection. If another’s negligence was the cause of an accident and the resultant injuries, the victim may be eligible for compensation as per Florida laws.

If you, or someone in your family, are involved in such an incident, it is necessary to get help from a motorcycle accident attorney. The popularity of biking in the Daytona Beach area makes it more susceptible to crashes and accidents. Because of the lack of safety features, bikers may suffer serious injuries in such an accident.

What are the common causes of such accidents? The exact cause of the accident, and the subsequent injuries, plays an important role for ascertaining liability. If a reckless driver goes left while you were riding straight ahead, there may be a collision. However, if you were disregarding a red light or were driving at a speed of more than the permissible limit, you are partially at fault for the incident as well.

In the first instance, the other driver who cut left suddenly is liable for your injuries. He/she had a duty to care while driving, and the breach to this duty was the cause of the accident and your injuries. Investigation and evidence could establish this after you file a lawsuit claiming compensation.

However, in the second circumstance, the contributory negligence clause comes into play. As per this legal statute of Florida, the victim, i.e. the plaintiff, may still recover damages but not all of it. The damage recovery for the motorcycle accident decreases according to the degree of your fault.

If you were driving under the influence of alcohol or drugs or were driving a bike without headlights or tail lamps, this may deter complete recovery of damages too. Road conditions or inclement weather may also affect the outcome of the case. Discuss the details of the incident with a Daytona motorcycle accident attorney to know the degree of fault of each party involved and whether you can sue the negligent party.

It may not be possible for the victim of such an accident to consult a legal practitioner. However, delay in this may lead to loss of evidence. Moreover, it is also important to get an attorney’s advice before you provide any statement to the insurance carrier. Without proper understanding of claims, you may hamper your chances of damage recovery.
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