Hollywood Motorcycle Accidents
With its hot, humid summers and warm, dry winters, Hollywood beckons motorcycle enthusiasts to take to the open road. Whether you are enjoying a drive along the coast or taking a daytrip to Fort Lauderdale or Miami, there are many opportunities for riders to enjoy the environmentally friendly and affordable method of transportation that motorcycles allow. However, not all drivers give riders the due care and respect that they deserve. Accidents happen, and riders often suffer devastating injuries. If you or a loved one has been involved in a crash, the aggressive Hollywood motorcycle accident attorneys at Cohn & Smith can guide you through the process of asserting your legal rights.Bringing a Motorcycle Accident Claim in South Florida
Under Florida law, drivers owe one another certain duties, such as the duty to maintain a proper lookout. When this type of duty is breached, and someone is hurt as a direct result, the responsible driver is said to have been “negligent” and may be held liable through a personal injury case. This means that careless drivers may be made to pay damages to an injured person or a family who has lost a loved one.
The plaintiff will need to prove the amount of damages to which they are entitled, often through a combination of testimony, expert opinions, and physical evidence. Damages that may be available in personal injury cases often include medical expenses, lost wages, property damage, and more intangible forms of harm like pain and suffering and mental anguish. In wrongful death cases, other losses such as funeral expenses, lost net earnings to the estate, and loss of consortium often are part of the damages that the family may receive.
Since Florida is a pure comparative fault state, the plaintiff’s own negligence may also be considered in setting their damages award. Any negligence attributed to the victim will reduce their compensation proportionally. For instance, if the plaintiff’s total damages are determined to be $300,000, but they are assigned 20% of the fault for the accident, the net damages award to the plaintiff probably would be $240,000. Typically, the defendant’s insurance company is responsible for paying a judgment, but, if the defendant’s liability limits are lower than the damages award, the plaintiff may need to make a claim against their uninsured or underinsured motorist insurance coverage to receive full compensation. A UM/UIM carrier should be notified of the possibility of a claim as soon as possible, preferably as soon as the plaintiff realizes that the defendant’s liability coverage may be inadequate. In these situations, the insurance company stands in the shoes of the negligent driver as an adverse party to the policy holder.Seek Guidance from a Hollywood Attorney After a Motorcycle Accident
Many complex issues may affect not only the outcome of a motor vehicle collision case but also the amount of compensation that a plaintiff ultimately receives. You should not hesitate to contact a Hollywood motorcycle accident lawyer at Cohn & Smith after a devastating crash. To schedule a free, no-obligation consultation, call Cohn & Smith at (954) 431-8100 or contact us online. We are also available to assist people who need a car crash attorney or guidance in any other type of motor vehicle collision claim.