Fatal Motorcycle Accidents
If you have lost a loved one in a motorcycle accident, you likely are suffering from profound grief as well as dealing with financial uncertainty. However, you may have legal recourse against the person or entity that was responsible for your loss. You should know that you have a limited time in which to seek compensation for your loved one’s death. This means that you should not hesitate in seeking guidance after a fatal motorcycle accident in the Pembroke Pines area. The knowledgeable Pembroke Pines fatal motorcycle accident attorneys at Cohn & Smith can help you understand and assert your rights.Bringing a Wrongful Death Claim under Florida Law
Lawsuits arising from motorcycle, car, and truck wrecks generally fall under a body of law called “negligence.” These claims require four elements to be proven by a preponderance of the evidence. This is a relatively modest burden of proof that simply means showing that something is more likely than not to be true.
First, there must have been a duty of care owed by the defendant to the victim. The defendant must have breached the duty by acting in a careless manner. The breach also must have been the direct and proximate cause of the fatal collision, and the plaintiff must have incurred damages.
Successful wrongful death litigants may be entitled to several forms of damages under Florida law. Depending upon the circumstances, this may include the decedent’s medical bills, funeral expenses, and lost earnings, as well as the loss of the decedent’s support, services, companionship, and consortium. The exact amount of damages to which a family may be entitled varies widely from case to case and can depend on factors such as the decedent’s age and occupation, whether he or she was married or had children, and whether the defendant can make out a case of comparative fault by the decedent. Typical claims of comparative fault include claims that the motorcyclist was speeding, ignored a traffic control device, or failed to yield.
Under Florida’s pure comparative fault doctrine, any recovery in a personal injury lawsuit is reduced in proportion to the fault of the plaintiff or, in wrongful death cases, the decedent. Although this rule is more generous than the contributory negligence or modified comparative fault laws followed by some other states, under which a plaintiff’s fault can completely bar recovery in some cases, it still may serve to reduce the amount that an accident victim or his or her family may receive.
If the driver who caused the fatal accident is uninsured or underinsured, a family may have the option of proceeding against their loved one’s UM carrier. Such a proceeding is considered adversarial in nature, despite the contractual relationship between the insurance company and the deceased person.Consult a Pembroke Pines Fatal Motorcycle Accident Attorney in the Pembroke Pines Area
If you have lost a loved one in a motorcycle accident in Pembroke Pines or the surrounding areas, you may need a wrongful death attorney who can help you get back on your feet financially and emotionally. Attorney Alan Cohn, a motorcycle enthusiast himself, is well-versed in Florida law with respect to motorcycle claims and understands both the joy and danger that cycling can bring. He can compassionately guide you through the process of seeking compensation for your loved one’s death. To schedule an appointment, call us at (954) 431-8100 or contact us online. The initial consultation is free, and no legal fees are due until your case ends in a settlement or judgment. We also represent clients from Pembroke Pines, Hollywood, Davie, Weston, and other South Florida cities.