Being in a motorcycle accident is a traumatic experience for anyone, especially considering the lack of protection that these vehicles offer. If you or someone close to you has been hurt in this type of collision, it is advisable to explore your options with a qualified legal professional in the Pembroke Pines area. The dedicated Pembroke Pines motorcycle accident attorneys at Cohn & Smith have a strong understanding of the laws protecting accident victims. Having honed our skills through several decades of combined experience, our team will evaluate the facts of your case and help you decide what action you should take. Further, Attorney Alan Cohn has a personal interest in these cases, having been a motorcycle rider himself for years.Hold a Negligent Driver Accountable for Your Injuries
If you have been hurt in a motorcycle accident due to someone else’s carelessness, you can bring a negligence lawsuit to seek compensation for the harm that you have suffered. Where motor vehicle collisions are involved, negligence is generally interpreted as a failure to use reasonable care in one’s actions behind the wheel. Whether an action meets this standard will vary depending on the situation, but reckless conduct like speeding during bad weather, getting behind the wheel while intoxicated, or driving while texting generally will be deemed to breach the duty of reasonable care.
Beyond these elements of duty and breach, a motorcycle accident victim would need to show that he or she would not have been hurt if the defendant had not breached the duty of care. The collision also must have been a reasonably foreseeable result of the breach, rather than the product of an intervening factor outside the defendant’s control. If the victim can establish causation and identify actual damages that arose from the accident, he or she potentially can recover compensation from the defendant.
Florida is a comparative negligence state. This means that if your own careless conduct contributed to your injuries, the amount you would otherwise recover will be reduced by your degree of fault. For example, if you are deemed 20 percent responsible for the accident, your maximum recovery will be 80 percent of the total damages.
Motorcyclists have little structural protection when compared to people in other vehicles, so injuries sustained in an accident are often severe. These types of harm can be extremely painful to endure and costly to treat. Once negligence is established, a victim may be able to recover forms of compensation such as pain and suffering, past and future medical expenses, lost income, mental anguish, loss of consortium, and property damage.Seek Advice from Hollywood Attorneys for Your Motorcycle Accident Case
The skilled Pembroke Pines motorcycle accident attorneys at Cohn & Smith have dedicated their careers to assisting injured individuals near Hollywood and other South Florida cities. We believe that individuals and entities that cause avoidable harm to others should be held accountable for the actions, and that accident victims should not shoulder a financial burden as they recover physically and emotionally. We vigorously advocate for our clients as they pursue an appropriate amount of compensation for their injuries. In addition to the locations mentioned above, our firm has counseled people from Tamarac, Pompano Beach, and other areas throughout North Dade County. To set up a free consultation with a member of our staff, you can contact us online or call us at 954-431-8100.