Naples Motorcycle Accident Lawyer
Motorcycles are a common sight on the streets of South Florida. For most riders, there is nothing better than the freedom of traveling the open road on a motorcycle. But as we all know, that freedom also carries substantial safety risks. After all, in the event of a collision or accident, even a motorcyclist wearing a helmet and pads is still left largely unprotected against the elements.
Motorcyclists often have an undeserved reputation for being reckless. In reality, it is often motorists–people driving cars and trucks–whose negligent acts injure motorcyclists, not the other way around. If you have been seriously injured in such circumstances, the Naples motorcycle accident lawyer at the Pendas Law Firm is here to help. We represent accident victims seeking just compensation from irresponsible motorists and other parties whose actions contributed to a preventable accident.
The Role of Negligence in Florida Motorcycle Accidents
Personal injury cases, including those arising from motorcycle accidents, are rooted in the legal concept of negligence. A person is negligent when they fail to observe some legal duty of care owed to another person. When it comes to operating vehicles on public roads, all drivers have a duty of care to obey local traffic laws and act in a reasonably safe manner to protect the other people on the road.
This concept is often lost on motorists, however, as they often view motorcycles as a nuisance. But as far as the law is concerned, motorcyclists have the same rights (and responsibilities) as any other vehicle operator. So a person driving a car or truck cannot justify their “aggressive” driving towards a motorcycle based on some superior claim of ownership to the road.
At the same time, Florida also follows a pure comparative negligence standard in personal injury cases. Essentially, this means that a defendant can argue the plaintiff’s actions contributed to the accident. So for instance, if a jury agrees that a motorcyclist’s actions were at least partly to blame for their accident, the court will reduce the negligent motorist’s share of any damages accordingly.
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Motorcycle accidents often cause serious, life-threatening injuries, including broken bones, internal organ damage, and permanent disfigurement. Depending on the severity of the injuries and the negligence of the defendant, the injured motorcyclist may be entitled to substantial damages as compensation for their losses.
Damages in a motorcycle accident case include both economic and non-economic losses. Economic damages are simply a reflection of the victim’s out-of-pocket expenses, such as their medical bills and lost income while in recovery. Non-economic damages are often more substantial as they compensate a victim for their pain and suffering and other intangible losses. In a small percentage of cases, a Florida jury may also award punitive damages if a defendant’s actions were intentional or grossly negligent.
So if you, or someone in your family, has been seriously injured in a motorcycle accident, it is in your best interest to seek out timely legal advice. To speak with a Naples motorcycle accident lawyer as soon as possible, contact the Pendas Law Firm to schedule an initial consultation.
