Fort Myers Motorcycle Accident Lawyer
Motorcyclists face perils every minute they are out on the road. There is no roll cage, seat belt, crumple zone, or airbag between a motorcyclist and the car of a distracted, aggressive, or drunk driver. If you were injured in a Fort Myers motorcycle collision, you are owed compensation from the at fault party. The Fort Myers motorcycle accident lawyer at Cardinal Law, P.A. can help you take legal action to protect your financial future.
Top Causes of Motorcycle Accidents
Negligent drivers often claim that they did not see the motorcyclist, that they came out of nowhere, or that the motorcyclist was going faster than they thought. This is all code for either not paying attention, or being impatient—the two primary causes of most traffic collisions. The fact is that most drivers out on the roads are paying so little attention to what they are doing, that motorcyclists, which are obviously much smaller than an enclosed motor vehicle, are virtually invisible. A few examples of how a large percentage of motorcycle crashes occur include:
- Driver fails to check their side view mirrors while changing lanes and side-swipes the motorcyclist
- Texting, drunk, or speeding driver rear-ends the motorcyclist, who is stopped at a stop light
- Driver at a side street pulls out in front of a motorcyclist, who has the right of way
- Driver tailgates a motorcyclist, rear-ending the motorcyclist during a slow down
- Aggressive driver intentionally causes the motorcyclist to crash
How an Insurance Company Will Try to Devalue Your Claim
Florida is a pure comparative negligence state, meaning that victims in motorcycle crashes (and in other types of personal injury claims) may not receive the full amount of their compensation if they are found partially at fault for causing the crash/their injuries. For example, if another driver failed to yield right of way, but you were speeding at the time of the crash, a jury might find you 30 percent at fault. In this scenario, you would only be able to recover 70 percent (100 percent minus 30 percent) of your damages. This is a common tactic in motorcycle crashes, where even police and eyewitnesses may have a heavy bias against motorcyclists in general, and assign partial blame to you, as the plaintiff.
Comparative negligence can have a profound impact on motorcycle crash claims in which a helmetless motorcyclist suffered head or facial trauma. Their compensation can be reduced simply because they were not wearing a helmet, or a full face helmet, despite the fact that helmets are not mandatory for riders over 21 years old. An attorney can help fight back against comparative negligence, giving you the best chance at full compensation.
Contact a Fort Myers Motorcyclist Accident Lawyer
Motorcyclists are entitled to just as much compensation as any other road user who suffered the same damages. Here at Cardinal Law, P.A., our Fort Myers motorcycle accident lawyer will fight for your rights. Call us today at 844-874-PAIN to schedule a free consultation.