Because motorcycle riders do not have a large vehicle frame around them, or safety devices like airbags to protect them, traffic accidents involving motorcycles tend to have devastating consequences. If you were hurt while riding because someone else was reckless or careless around you, then that person—and not you—should be the one who pays financially for all the losses you have sustained.
Unfortunately, getting a favorable result from this type of civil lawsuit can be challenging, especially if you try doing it without assistance from a qualified personal injury attorney. By retaining a skilled Eustis motorcycle accident lawyer, you could build the strongest possible claim and make a demand for compensation.
No matter what type of vehicle you are operating, everyone using a motor vehicle on public roads in Florida owes a similar “duty of care” to everyone else on the road. Anyone who “breaches” their duty by breaking a traffic law, not paying attention while driving, or doing anything else careless or reckless behind the wheel can be considered legally “negligent” if their irresponsible actions are the direct cause of an accident. When that accident causes injury to someone else, that person has the right to seek out compensatory damages.
That said, while other drivers are most commonly identified as “defendants” in motorcycle crash claims, they are not the only parties who could potentially hold civil liability. For example, if someone ends up in a motorcycle wreck because one of the parts inside their bike failed unexpectedly, the manufacturer of that faulty part could be liable under product liability law.
Likewise, if a crash occurs partially or primarily because of an unaddressed pothole, lack of signage, or any other roadway defect which a municipal authority was responsible for fixing, that municipal authority could be a defendant in a claim built around that incident. A Eustis motorcycle accident attorney could provide crucial help in identifying all liable parties and taking appropriate legal action against them.
No matter how seriously someone gets hurt in any kind of accident caused by another person’s negligent or wrongful act, the injured person does not have unlimited time to begin civil litigation over their injuries. Most of the time, motorcycle accident victims are beholden to the filing deadline established under Florida Statutes § 95.11. This statute of limitations begins from the day the injury occurred. If the crash was before March 24, 2023, the statute of limitations is still four years. If the motorcycle crash occurred after that date, it is only two years.
However, different deadlines may apply under specific circumstances. For example, if the party being sued is a local or state government entity, or if the person who was injured was a minor at the time of the accident. Once again, a knowledgeable motorcycle crash lawyer in Eustis could provide further guidance about deadlines that apply to a specific case.
Riding on a motorcycle can be dangerous even if you are as responsible as you are supposed to be. Others around you might not be making the best choices, which puts you at risk. Fortunately, if you can prove that your motorcycle crash only happened because of someone else’s misconduct, you could potentially make that person pay for all your crash-related losses.
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