Motorcycle accidents usually involve not only a motorcycle but also a truck, car, or SUV. Sometimes, however, it may appear that only a single motorcycle was involved in the crash. At first, it might seem like the victim of such an accident has only him or herself to blame for the wreck. This is not necessarily true. Many different events can lead to single-motorcycle crashes, and they may be caused by persons, businesses, or governmental entities rather than the victim. If you have been injured in this type of collision, the Pembroke Pines motorcycle accident attorneys at Cohn & Smith can assert your right to the compensation that you deserve.Bringing a Negligence Claim for Damages
Motor vehicle collision cases, including those arising from single-motorcycle accidents, usually proceed through the court system under a theory of negligence. Simply put, negligence occurs when a person or entity fails to do something that would have been reasonably prudent to do under the circumstances. There are generally four separate requirements in a negligence action: duty, breach of duty, causation, and damages.
In single-motorcycle accident cases, the first step to recovering monetary damages from a negligent party is proving that a legal duty of care was owed. In a case in which the defendant is a motorist, the duty element may be linked to the rules of the road, such as the requirement of using a signal before changing lanes. A case against a business may be brought under a product liability theory, based on the claim that a manufacturer breached its duty to supply products free from defects that are likely to result in serious harm. In a case involving a governmental entity, there may be an allegation concerning the duty to design safe roadways. Sometimes there are multiple causes for a crash. For this reason, a defendant may argue that the negligence of the plaintiff at least partly contributed to the accident. If the jury finds that this was true, the amount of damages awarded will be reduced in proportion to the plaintiff’s fault. An award of damages may include pecuniary losses such as medical bills and lost wages, and it may also include non-pecuniary items such as pain and suffering or, in the case of the spouse of an injured person, loss of consortium.
After a fatal accident, the family of the deceased person may bring a wrongful death lawsuit against a party that they believe was responsible. Damages that may be awarded in such a case include funeral and burial expenses, medical costs associated with the accident that led to the decedent’s death, lost net earnings to the estate, and other related damages. The priority of who may sue and the damages that they may seek varies depending on several circumstances, including the deceased person’s marital status, the age of his or her children, and other factors.Enlist a Pembroke Pines Attorney for Your Motorcycle Accident Case
The statute of limitations in negligence cases provides a relatively short time period in which to take legal action. Because of this, as well as the issues that can arise during the investigation stage of a single-motorcycle accident lawsuit, it is important to consult an attorney about your rights as soon as possible after a crash. Our Pembroke Pines personal injury lawyers are ready to explore your options with you. You can call Cohn & Smith at (954) 431-8100 or contact us online to set up a free consultation. We accept most cases on a contingency fee basis, and we represent injured individuals throughout South Florida, including in Fort Lauderdale, Hollywood, Davie, Sunrise, Weston, and Coral Springs.