There are many causes of motorcycle accidents. Causes nclude turning in front of a bike, often at an intersection; changing lanes or entering roadways and moving into the path of a bike; failing to stop in time because of distraction or other negligent behavior; and other dangerous activities of the drivers on the road with the bikes. Often, the driver of the car or truck (thru their insurance counsel lawyers) will try to place some or all of the blame on the biker. Although the other driver usually is responsible, even if the biker contributed to the accident, he still may be entitled to compensation, including damages for pain and suffering.
If you were injured in a motorcycle crash, the Miami motorcycle accident attorneys at Greenberg Stone and Urbano have the skill and knowledge to get you the help that you need. Our firm has spent more than three decades fighting for the rights of bike crash victims. We will advocate aggressively on your behalf in order to get you the compensation that you deserve.
Many times, there are multiple parties who are responsible for the harm suffered by the victim in a motorcycle crash. There are times when the biker himself contributed to the harm that he suffered, but this does not mean that he is not entitled to compensation. As part of a personal injury case, whether that is a motorcycle crash or a slip and fall, it is necessary to determine fault. Under Florida law, there is something referred to as comparative negligence, which was adopted in 1973. Under this legal doctrine, the trier-of-fact, whether that is judge or jury, can apportion responsibility for the victim’s injuries.
The legal doctrine of comparative negligence is important because before this, if the victim were found to be even slightly responsible for the harm, for instance turning onto a road where the other driver was texting on his phone, driving too fast, and did not see the bike when he had a clear lane to move into to avoid the biker without incident, then the biker may not have recovered anything for the harm that he suffered. Under comparative negligence, the trier-of-fact (the jury) may determine that the biker was ten percent responsible for the accident while the other driver was 90 percent liable. Under this doctrine, the trier-of-fact will determine the full value of the harm suffered by the victim, for example $100,000, and then the Judge will award $90,000 to the victim, which takes into account the 10 percent liability of the biker.
Although comparative negligence often plays a role in jury trials, it also can be a factor in negotiating a resolution of the case prior to trial, whether that is through informal negotiations or a formal mediation. During these discussions, the parties can reach a resolution about percentages of fault in order to determine a proper award. If the case does proceed to trial, these determinations will not be binding. The theory of comparative negligence also can be used to apportion blame between more than one person who was negligent when the victim did not have any responsibility for the accident. If a biker was injured when one driver was texting and went through a red light and another driver was speeding and impacted the texting driver, sending him into the biker, who was waiting at a red light, this theory may provide necessary relief. These negligent drivers might share the responsibility.
Greenberg Stone and Urbano Attorneys Advocate for Bike Crash Victims
The collision between a motorcycle and a car often results in serious injuries for the biker, whether through the initial impact with the car or the subsequent slide across the pavement and crash into another vehicle or a stationary object. If you have been the victim of this type of accident, the experienced motorcycle accident attorneys at Greenberg Stone and Urbano have more than 120 years of collective practice in getting the results that our clients need to move forward with their lives. Our dedication and tenacity has led to an AV rating from Martindale Hubbell and an invitation to join the esteemed legal society, Primerus. In addition, the Miami Herald has voted us as one of South Florida’s top-rated law firms. Call us at (888) 499-9700 or (305) 595-2400 or visit our website to set a time to talk about what you have suffered.