The importance of wearing a helmet and other protective gear while riding on a motorcycle cannot be overstated, but serious injuries can occur even when motorcyclists take all the proper safety precautions, due to distracted or impaired drivers’ errors on the roadways. If you sustained an injury in a motorcycle accident, seeking the advice of a personal injury attorney could be helpful.
After someone else’s careless or reckless behavior causes you to suffer physical harm and financial losses, compassionate legal counsel could answer your questions and explain your legal options. Do not hesitate to contact a Dunedin motorcycle accident lawyer for a confidential consultation if you have been injured in a motorcycle crash due to another person’s negligence.
Pursuing a Motorcycle Accident Lawsuit in Dunedin
It is important to note that not all motorcycle accident claims go to trial. In many cases, a motorcycle crash lawyer in Dunedin could negotiate a settlement on the injured party’s behalf. However, if an insurance adjuster is unwilling to offer an amount that reflects the value of the claim, an individual may need to consider filing a lawsuit.
However, there may not be much time for an individual to consider the option of filing a personal injury lawsuit. The statute of limitations in Florida provides that injured motorcyclists have four years to file a personal injury lawsuit. This four-year period typically begins on the date of the accident, but it should be noted there are many factors which can affect the filing deadline for a claim.
Regardless of the specific applicable deadline, failure to file a lawsuit based on motorcycle accident injuries by that deadline could jeopardize an injured person’s right to recover damages. An at-fault party would likely raise the argument that the injured party missed the filing deadline, in which case the court would likely grant a dismissal.
Four years may seem like a long period of time, but it can pass quickly during investigation and negotiation of a claim. It could be advantageous for an injured individual to avoid delays and begin pursuing their personal injury claim as soon as practicable.
Negligence and Comparative Fault in Motorcycle Accident Claims
A careless driver may make mistakes on the roadways which result in serious injuries to a motorcyclist. Even if a motorcyclist is wearing a helmet, they could sustain debilitating head, neck, or back injuries. In some cases, the motorcycle can pin a rider down in an accident, causing burns or broken bones.
When injuries to a motorcyclist occur due to a driver’s failure to exercise reasonable care in the operation of their vehicle, a Dunedin motorcycle collision attorney could work to hold that driver liable for the harm they caused. The accident report filed by responding law enforcement officers may contain information that supports a finding of negligence on the part of the driver who caused the collision.
However, if an injured motorcyclist pursues a claim against a driver, the driver may make an argument that the motorcyclist contributed to their own injuries. In Florida, the possible effect of this argument is diminished recovery of damages, as an injured party who is partially at fault may only recover the share of damages that the other party caused. Fortunately, Florida state law allows plaintiffs to pursue at least partial damages even if they bear a majority of the fault for their accident.
Contact a Dunedin Motorcycle Accident Attorney Today
If you were injured in a motorbike wreck, you may already be facing significant challenges in your daily life. Adding filing deadlines and the stress of collecting and presenting evidence of negligence to these struggles could be too much for one person to bear.
You do not have to handle the legal aspects of your situation alone. A Dunedin motorcycle accident lawyer could provide assistance if you were injured in a motorcycle wreck due to another person’s negligence. Call today to schedule a consultation.