Weston Motorcycle Accidents
The beautiful, active city of Weston, Florida, offers many recreational opportunities to its residents and visitors, including those who enjoy riding motorcycles. Whether they are used as a convenient and environmentally friendly mode of transport, or whether they are ridden for pure sport, Weston is a great place for riders. Generally, other motorists give them the attention and care that they are due, but, unfortunately, this does not always happen. Serious crashes and even fatal accidents may happen. If your family has been affected by a crash, the experienced Weston motorcycle accident attorneys at Cohn & Smith can help.
Proving liability in a motorcycle wreck case hinges upon whether the plaintiff can prove the four essential elements of negligence by a preponderance of the evidence. These elements comprise duty, breach of duty, causation, and damages. For the plaintiff to be successful in their case, there must be a thorough, detailed, and preferably prompt investigation into the crash. Ideally, the investigation will involve an accident reconstruction expert who is trained in determining the exact reasons why a motor vehicle accident occurred.Pursuing a Motorcycle Accident Claim
Motorcycle accidents in or around Weston may happen because of another driver’s negligence, a roadway defect, or a rider’s own actions. Unless a collision is 100% attributable to a rider’s own negligence, however, they may be able to recover compensation from others whose fault contributed to the crash. This is because Florida follows the doctrine of comparative negligence, which allows people who are injured in an accident to pursue compensation from others whose failure to act in a reasonably prudent manner harmed them.
For example, a jury might determine that a rider, a motorist, and a governmental entity all contributed to an accident. This might happen if, for example, a rider was exceeding the speed limit, a motorist failed to keep a proper lookout, and a governmental entity’s failure to properly maintain a roadway all combined to cause the collision. In such a case, the jury might assign fault to all three parties. If the jury determines that the damages were $250,000, the cyclist was 10% at fault, the motorist was 70% at fault, and the government was 20% at fault, the cyclist might be able to recover damages of up to $225,000 from the defendants.
These cases also may implicate other complicated legal issues, such as timely notice of a claim and the statute of limitations. Additionally, bringing a claim against a rider’s uninsured/underinsured (UM/UIM) coverage may be necessary in some circumstances in which the defendant has insufficient insurance or assets to pay a judgment.Seek Guidance from a Motorcycle Accident Attorney in the Weston Area
Since a rider who is involved in an accident is very vulnerable, injuries tend to be much more severe in motorcycle accident cases than in other types of wrecks. If you or a loved one has been hurt by a careless individual, business, or governmental entity, the knowledgeable Weston motorcycle accident lawyers at Cohn & Smith are ready to help. To schedule a free consultation, call us today at (954) 522-4600 or contact us online. Our motor vehicle collision lawyers work on a contingency fee basis, which means that we do not get paid unless you do.