Davie Motorcycle Accident Lawyers
Scenic and active, the growing Broward County community of Davie is a great place to live, work, and play. Davie’s warm climate allows for a multitude of outdoor recreational opportunities, including riding motorcycles, scooters, and sport bikes. While cycling may be an enjoyable, affordable, and environmentally friendly mode of transportation, it is not without risks. Careless motorists do not always pay attention to motorcycles or give riders the respect that they are due. Serious and even fatal accidents unfortunately may happen. If you have questions about seeking compensation following a crash, the Davie motorcycle accident lawyers at Cohn & Smith can respond to your concerns and get your case started in a good direction.Bringing a Motorcycle Accident Claim for Damages
Holding a negligent motorist legally liable for a rider’s injuries or death following a crash is usually a four-step process. The plaintiff has the burden of proving each of the four elements of negligence (duty, breach of duty, causation, and damages) by a preponderance of the evidence. Proof may include testimony from lay witnesses and experts alike, as well as physical evidence from the scene. Because of this, it is important that a person who has been hurt in a serious motorcycle accident talk to an attorney as soon as possible after the wreck so that a proper, plaintiff-oriented investigation may take place in a timely fashion.
Since accidents are not always the fault of a single individual, there is a way to deal with situations in which the plaintiff (or a third party) was partially at fault for the collision. Some states have a very harsh rule under which a plaintiff who was at all to blame for an accident is not allowed to recover any compensation for medical expenses, lost wages, or pain and suffering. Fortunately, Florida follows the doctrine of pure comparative fault, which is a much fairer rule. Here, a plaintiff may still recover some damages even if they were partially to blame for an accident, but there is a reduction in the amount that the defendant needs to pay, proportionate to the plaintiff’s fault. For example, if the jury decides that the plaintiff’s damages were $200,000, but they were 30% at fault, the defendant will need to pay the plaintiff $140,000.
In reality, it is almost always an insurance company that makes the final payment in a motorcycle accident case. Usually, this is the defendant’s liability insurance company, but it might also be the plaintiff’s uninsured or underinsured (UM/UIM) insurance carrier if the defendant did not have insurance or did not have enough insurance to fully satisfy the jury’s verdict. Insurance companies try to keep this reality a secret and have even managed to impose rules that forbid the plaintiff from mentioning the word “insurance” at trial in most cases.Discuss Your Situation with a Motorcycle Accident Lawyer in the Davie Area
Often, an adjuster or another liability insurance company representative will string along an accident victim, implying that a fair settlement is just around the corner. In reality, the insurance company is just waiting for the statute of limitations to expire, ending any chance of the victim filing a claim in court. Even if a victim eventually hires a motor vehicle collision attorney, much of the evidence that could have helped prove their case may have been lost during the delay. If you or a loved one has been seriously hurt, you should not let this happen to you. Call the Davie motorcycle accident attorneys at Cohn & Smith for a free appointment today at (954) 431-8100 or contact us online.