Motorcycle riders in the Cocoa area enjoy the same rights and protections while on the road as all other travelers. This means that other motorists must yield to them when appropriate and follow all the other relevant rules of the road. It also means that drivers who cause accidents that result in a motorcyclist’s injuries must provide proper compensation to cover their losses.
A Cocoa motorcycle accident lawyer is here to help injured bikers pursue their case for fair compensation. You should not handle a legal claim by yourself and instead leave it to a knowledgeable personal injury attorney.
The law in Cocoa and around the rest of Florida is clear in placing an obligation on travelers to protect all other people that they may encounter while on the road. This extends not just to people in full-size cars but also to those on motorcycles and other smaller forms of transportation. This means that if a driver causes an injury to those people, they are liable for all resulting damage.
Even with this basic concept in mind, the responsibility to prove fault for an incident still lies on an injured biker. A Cocoa motorcycle accident attorney could thoroughly investigate the cause of a crash and place blame on negligent drivers. The negligence might have been the result of a failure to follow the rules of the road, simple carelessness that led to a failure to stop on time, or an inability to check a blind spot before changing lanes.
Although motorcycles are smaller and harder to see, it is still on motorists (especially truck drivers who might have a lot of blind spots) to keep a lookout for them when turning, backing up, or changing lanes.
Even if it appears that liability is reasonably clear following a motorcycle crash, certain aspects of the law may make it difficult to collect full compensation.
Personal injury cases in Cocoa, including motorcyclist injuries, are subject to a statute of limitations. This is a time limit following an injury within which a person must make a demand for payment if a court is to hear the case. According to Florida Statute § 95.11, this time limit is two years from the date of the collision. Meeting this time limit is an essential part of any claim.
Not every motorcycle accident can be wholly attributed to a single defendant. In fact, a concept under state law called comparative negligence says that courts must evaluate the actions of the victims of injuries at the same time as they do the behavior of defendants. Under Fla. Stat. § 768.81, the court will reduce its award at trial by the percentage of blame that it attributes to a victim. If the plaintiff is more than 50% at fault, then they are barred from recovering anything. A motorcycle accident lawyer in Cocoa could provide more information about these potential limitations.
Motorcycle crashes are traumatic events that have the potential to completely derail your life. If another driver’s actions were the cause of these losses, they have an obligation under the law to pay for your medical bills and other losses. Unfortunately, their insurance company will do everything it can to avoid paying out a settlement.
Reach out to a Cocoa motorcycle accident lawyer today. The team at The Umansky Law Firm Criminal Defense & Injury Attorneys knows what to look for in the investigation and could structure a case against the negligent party. Give us a call now to set up an appointment to discuss your case.
The Umansky Law Firm Criminal Defense & Injury Attorneys
