There is nothing more freeing than the feeling of riding a motorcycle, especially in a sunny and picturesque location like here in beautiful Ocala, Florida. However, while most motorcycle excursions are as safe as they are enjoyable, some rides end in injury or tragedy.
Our Ocala motorcycle accident attorneys know that motorcyclists have a higher chance of sustaining injuries than other motorists. If you have been the victim of a motorcycle crash in Ocala or the surrounding area, you will need a skilled and aggressive attorney to represent you.
Maximize your recovery with the right attorney by your side. If you have been involved in a motorcycle accident and need an attorney that will fight for you, please call the Anderson Trial Group at (352) 619-0995.
Florida is a popular destination for motorcyclists, with winding rural roads and miles of picturesque coastlines – but it’s also the deadliest state in the United States for motorcyclists. While most motorcycle excursions take place without a hitch, our Ocala motorcycle accident lawyers know some end in tragedy for riders and their families.
Motorcyclists have much higher odds of sustaining serious injuries in crashes than passengers of other motor vehicles. Broken bones, road rash, and concussions are all common injuries in these types of collisions.
If you’re currently recovering from a serious motorcycle crash in the Ocala area, the Ocala motorcycle accident attorneys at Anderson Trial Group want to hear from you. Our team of personal injury lawyers can look into your accident and help you maximize your recovery.
The choices you make following a motorcycle accident can have a lasting effect on you and your family. Hiring a personal injury attorney after a motorcycle or car accident simply ensures that you have a voice in the proceedings that follow. Our attorneys will do all they can to secure the proper compensation for you and your loved ones. They are familiar with motorcycle cases here in Ocala and the ways that insurance companies try to undercut an individual’s claim.
Most lawsuits involving a motorcycle accident are pursued under the theory of negligence. Another individual or entity can be proven to have been negligent if your attorney establishes that there was a duty of care and that duty of care was breached by some act or omission, resulting in an injury. Your attorney must prove that the injury was a direct result of that breach.
In Florida, which is a comparative negligence state, a percentage of the fault can be attributed to more than one party. Traditionally, the party determined to be at fault would be responsible for all the damages suffered by the victim, but in Ocala a percentage of the fault can be attributed to more than one party. For one driver to be responsible for all damages, it must be proven that they were the only negligent party involved in the accident. All individuals sharing a roadway have a duty of care toward one another. As such, the severity of each party’s breach will determine their degree of fault.
An example: Say that a motorcyclist had the right of way and a car fails to yield to that motorcyclist. In the ensuing accident, the driver of the car would be responsible for 80% of the fault and the motorcyclist likely 20%. When receiving their compensation, the motorcyclist would have 20% of the final amount deducted. Additional factors can affect a party’s percentage of fault, such as whether or not the motorcyclist was wearing a helmet or whether or not that helmet was buckled on properly. Parties that may be held liable for a motorcyclist’s damages include drivers of other vehicles, the motorcyclist, pedestrians, bicyclists, or the municipality where the accident occurred.
Florida is the worst state for motorcycle accidents in the country. A number of things could go wrong on a routine motorcycle outing that could result in a crash, like a car merging into your lane unexpectedly or a piece of debris left on the highway by a construction crew.
Below are a few common causes of motorcycle accidents in the Ocala area:
In every state except California, lane splitting is illegal, but that doesn’t stop plenty of motorcyclists from riding between the lanes on highways.
Loose gravel, debris, and potholes are just some of the many roadway hazards drivers encounter each day, and motorcycle drivers are even more susceptible to these dangers than individuals operating a car. If you crashed due to dangerous road conditions, you may have a case against the maintenance crew and possibly the government if the maintenance is part of a government agency.
Motorcyclists under the influence of alcohol or drugs cause the majority of single motorcycle accidents. While under the influence, a motorcyclist may drive too closely to other cars or swerve off the road.
Motorcyclists are harder to see on the road than cars, and for that reason, a distracted driver can easily collide with a motorcyclist. Drivers using their phones and not paying attention to the road are a significant cause of accidents.
According to the National Highway Traffic Safety Administration (NHTSA), Florida is the most dangerous state for motorcyclists. In 2015, 606 motorcycle collisions ended in fatalities, which was a 30% increase from 2014. The two most commonly cited reasons for the abnormally high number of motorcycle crashes in Florida are more motorcycle drivers on the road and a higher number of distracted drivers in Florida.
Motorcyclists can easily be devastated by a motorcycle accident. Serious injuries can occur, such as spinal cord injuries, traumatic brain injuries, or multiple bone fractures, all of which are common. These injuries can cost thousands of dollars in medical expenses and require the motorcyclist to take time away from work, resulting in lost wages. With a successful personal injury attorney, you could recover the following damages:
These are damages unique to the case, like the victim’s exact lost income, medical expenses, property damage repairs, legal fees, and court costs. An attorney will calculate these damages through medical receipts and proof of out-of-pocket expenses.
General damages are those suffered by the majority of motorcycle accident victims. They can include mental anguish, physical pain and suffering, emotional distress, and lost quality of life or capacity to earn. They are more difficult to provide proof of special damages.
Punitive damages are those awarded by a judge if they believe that compensatory damages were not enough to compensate a victim. They serve to punish a defendant for gross negligence and harm and are not a part of every motorcyclist’s case.
Depending on the main cause of the collision, there are a few different areas that motorcycle injury claims can fall. The goal of the case is always to secure compensation for the victim’s personal injuries and other damages, but the type of suit filed may differ according to the specifics of the case.
The best way to protect yourself and your loved ones after a motorcycle accident is to find an experienced, trusted attorney to handle your case. The lawyers at Anderson Trial Group are tenacious and will do everything in their power to ensure you receive the compensation you are owed. There is no better course of action to ensure you are protected following a motorcycle accident than contacting an attorney.
Contact our personal injury law firm today at (352) 619-0995 or use our online form to request a free legal consultation.