YOUR MOTORCYCLE ACCIDENT MAY NOT BE YOUR FAULT
South Florida roads can be dangerous for any type of driver, but none more than motorcyclists. Unfortunately, these accidents often lead to serious injury or death for the rider. Motorcycle accidents often involve other vehicles, but can also involve no other vehicle at all. These are known as single bike motorcycle accidents.
These are instances when a motorcyclist has simply lost control and collided with a tree, construction barriers or anything else capable of causing injury. Similar to other types of accidents, the ones involving a single bike can create dangerous conditions for anyone involved. There have been situations throughout the state of Florida where these types of accidents were the result of negligent maintenance of roadways, issue of failure with a motorcycle part or having to swerve from a negligent driver.
It is a common misconception of those involved in single bike motorcycle accidents, that they have no monetary recourse to their sustained injury, because only one vehicle was involved. This is where speaking to an attorney about your accident is necessary to help determine if you have a case.
TYPES OF CLAIMS ASSOCIATED WITH SINGLE BIKE MOTORCYCLE ACCIDENTS
There are several types of legal claims that can be pursued if you were involved in a motorcycle accident, even where your bike was the only vehicle involved. Some of these claims include:
- Claims for Personal Injury – If you were injured while riding your motorcycle because of negligent roadway construction, failure to place proper traffic signs, or any other inadequate attempt at making the roads safe, there may be someone with the city, town, or county who is responsible to you.
- Claims for Products Liability– If the cause of your single bike motorcycle accident was the fault of a defective product on the motorcycle, the manufacturer of the bike may be liable to you for your injuries.
- Claims for Wrongful Death – If a loved one has died in a single bike motorcycle accident, there may be a party who is responsible for their death and owes compensation to the family.
MOTORCYCLE ACCIDENT VICTIMS NEED TO SEEK LEGAL HELP
With all of the devastating effects that motorcycle accidents can have, it is vital to point out the importance of consulting with a personal injury lawyer. There are many severe injuries that result from this type of accident, including:
- Brain Damage
- Roads Burns
- Injury of the Spine
- Broken Bones
- Disfigurement
Most injuries that come from single bike motorcycle accidents can cause someone to have extended periods of time to recover. There are situations where people are forced to deal with certain injuries for the rest of their life, and the cost of dealing with that injury can be substantial.
Madalon Law and its legal team have been taking on motorcycle accidents successfully throughout South Florida for years. Our attention to detail can help you determine if there is a negligent party. Contact our firm for your free consultation and find out if you have a case.
Not Wearing a Helmet in an Accident Can Also Hurt Your Case
Lenhart v. Basora, 100 So. 3d 1177, 1178-80 (Fla. Dist. Ct. App. 2012)
This case originally involved a passenger on a scooter, Abby Chronister, and a driver of a motor vehicle, Christopher Basora. The lawsuit at the trial level dealt with the comparative negligence of the victim, Chronister, as the defendant Basora admitted to being negligent in an auto accident which caused injuries to Chronister.
As the facts have it, the defendant in the case was traveling on a road in Fort Lauderdale when he made a sudden shift into another lane occupied by the scooter that the victim was traveling on. The abrupt move by the defendant caused his automobile to collidewith the scooter and propel the Chronister from the bike. Chronister was not wearing a helmet at the time of the accident and she ultimately suffered permanent brain damage.
Chronister’s mom filed a lawsuit on her behalf against Basora for negligence. Basora accepted responsibility for the accident and causing injuries to Chronister. However, it was Basora’s contention that the amount of damages being sought by Chronister’s mother be reduced by the amount of comparative negligence Chroinster was responsible for by not wearing a helmet.
Prior to the beginning of the trial, Basora won a motion in limine to have certain evidence excluded from trial regarding him not being a licensed driver, his lack of driving experience, failure to take his prescribed medication that day, and the fact that he could not recall if he had been wearing his glasses when the accident occurred. Basora claimed that these facts had nothing to do with the issue at trial because he had already taken responsibility for the accident; the trial judge agreed with him.
After the cases for both the plaintiff and defendant were presented, the jury assessed Chronister’s damages at $11,802,488.80, but assigned sixty-seven percent of fault for the injuries to her for not wearing a helmet. The difference of thirty-three percent liability that was given to Basora, left him owing $3,827,621.30 in damages to Chronister after reducing the damages.
An appeal was filed by Chronister’s mother, who did not feel that the reduction in damages was appropriate because the jury was unable to hear about the extensive amount negligence by Basora. The appellate court did in fact reverse the judgment of the trial court because the prevention of the evidence to the jury did not properly allow them to completely consider the issue of comparative fault between the parties.
Theory of Comparative Negligence
In Florida, a theory of comparative negligence is used in determining the amount of fault, or liability, that a person is responsible for in a rear-end auto accident. Under comparative negligence, there can multiple people held responsible for causing the collision. In fact, there are many situations when more than just one person created a hazardous condition which contributed to the accident. What is commonly done in these shared liability situations is that there is a percentage of fault assigned to each party based on their particular actions. This has proven to be a much more fair way to approach negligence claims, as a defendant can provide evidence to reduce the amount of a potential award against them.
If you or someone you love has been injured in an auto accident and you need questions answered, then contact the Fort Lauderdale accident attorneys at Madalon Law for your free consultation.
