Plantation Motorcycle Accidents
Plantation is a great place to ride motorcycles, mopeds, and similar vehicles. With a warm climate and beautiful scenery to be enjoyed in every direction, it is understandable why so many residents and visitors choose to ride cycles here and elsewhere in Broward County. While motorcycles are environmentally friendly and cost-efficient, they do present certain risks due to their size and the rider’s physical vulnerability in a crash. If you or a loved one has been involved in a collision, the knowledgeable Plantation motorcycle accident lawyers at Cohn & Smith, P.A., can assist you in filing a claim for compensation.
As with other motor vehicle accident cases, the plaintiff in a motorcycle accident case must be able to show that the other driver was negligent in order to recover compensation. Under Florida personal injury law, negligence is a four-part inquiry. Did the defendant owe the plaintiff a duty of care? Was there a breach of duty? Was there legal and proximate causation leading to the accident? Did damages result?Seek Compensation After a Motorcycle Crash
Under Florida law, a person who is 21 or older may ride a motorcycle without a helmet, as long as they are covered under an insurance policy providing for at least $10,000 in medical benefits for injuries suffered in a crash. With or without a helmet, however, a motorcyclist who is involved in a collision with a larger vehicle is likely to be seriously injured. Fatalities are not uncommon in motorcycle accidents.
Damages that may be available in a successful negligence action include not only medical expenses and lost earnings but also compensation for pain and suffering. While past medical bills and lost income are fairly easy to quantify, it may be more difficult to put a figure on medical costs that may be reasonably necessary in the future or a loss of future earning capacity due to a permanently disabling injury. Pain and suffering damages are even more difficult to quantify and are, at least to a large extent, within the province of the jury. Our motorcycle accident attorneys can help victims in Plantation and beyond fight for their right to damages.
Since Florida follows the doctrine of comparative fault, a plaintiff’s damages award may be reduced if the jury finds that they were also negligent, in addition to the defendant. The reduction is proportionate. For example, if the plaintiff’s overall damages are determined to be $100,000, but they are found to have been 25% at fault, the final judgment will reflect an award of $75,000. Even if the plaintiff is found to have been more than 50% at fault, they may still recover damages in proportion to the defendant’s fault.
However, the plaintiff will not receive any damages unless they file a timely claim within the time allotted by the Florida statute of limitations. Florida sets a finite time on the filing of both personal injury and wrongful death claims. Cases filed outside this time period are almost always dismissed, although there are a small number of exceptions. In addition to these deadlines, there may be other considerations in particular cases. For example, if the plaintiff was on the job at the time of the crash, there may be an additional, separate deadline for a workers’ compensation claim. Lawsuits against a governmental entity also have notice requirements that, if not strictly followed, may prevent recovering compensation on procedural grounds.Discuss Your Motorcycle Accident Case with a Plantation Lawyer
To schedule a free consultation regarding your case, call the Law Offices of Cohn & Smith, P.A., at (954) 431-8100 or contact us online. We handle most cases on a contingency fee basis, so there is no need to wait until you can afford to pay legal fees upfront before scheduling an appointment with a Plantation motorcycle accident attorney. We also assist people who need a motor vehicle collision lawyer in Pembroke Pines, Fort Lauderdale, Hollywood, Davie, Weston, Sunrise, Tamarac, Coral Springs, Pompano Beach, Aventura, and communities throughout North Dade County.