Motorcycle riders usually sustain severe injuries during car accidents. Furthermore, a bike rider has a higher likelihood of dying than the occupants of a vehicle when a bike collides with a car. According to the Florida Department of Highway Safety and Motor Vehicles, in 2020, there were 1,133 motorcycle crashes in Gainesville. Out of these accidents, 17 were fatal. In such unfortunate situations, seeking legal assistance becomes crucial.
This is where lawyers specializing in personal injury can play a vital role. If you or a loved one has been involved in a motorcycle accident, consulting with experienced attorneys who focus on personal injury cases can help you navigate the legal complexities and pursue compensation for the damages incurred.
If you sustain injuries in a motorcycle accident around Gainesville, consult a motorcycle accident attorney in Gainesville, FL, to assess the legal merits of your case. Your lawyer can anticipate the defenses the at-fault party will raise to lower or deny your claim. The following are some common defenses of a motorcycle accident claim.
Contributory Negligence Defense
In a motorcycle accident, the driver may claim the motorcyclist contributed to the crash. If you live in a state that applies the contributory negligence law, this defense will lower your damage award. As a result, the court will reduce the compensation you stand to get by your share of liability.
For example, if you are 10% liable for the accident, the court will reduce your total damage award by 10%. In some cases, your negligent conduct might prevent you from claiming any damages from the defendant. Therefore, if you want compensation, you should prove that the defendant was entirely responsible for the accident.
Motorcycle Helmet Defense
Another defense a driver in a motorcycle accident may raise is that the motorcyclist wasn’t wearing a helmet. Therefore, the motorcyclist didn’t mitigate their damages. When a person suffers injuries resulting from an accident, they have the legal obligation to minimize the effects of the injury. The defendant may argue that their injuries wouldn’t be severe if the victim had worn a helmet. Many states limit a motorcyclist’s compensation for failing to wear a helmet.
Additionally, understanding the nuances of your legal rights can significantly impact the outcome of your claim. It is essential to seek motorcycle accident advice from experienced professionals. Many riders are unaware of the intricacies involved, especially when it comes to helmet laws. An experienced motorcycle accident attorney can help you understand how the failure to wear a helmet may affect your case.
Statute of Limitations Defense
You should initiate a personal injury case within a certain period. If you don’t file a motorcycle accident claim within the required statute of limitation period, you may lose your chance to recover damages. In such cases, the court will render your claim time-barred.
The clock starts running on the day the accident occurred. However, sometimes, the clock begins to run when you discover your injuries or losses. Therefore, your attorney may argue that you discovered your injuries later to avoid the claim from being time-barred.
Other exceptions to the statute of limitation defense include when a government entity is liable for the accident and when your claim is under Dram Shop Laws. For example, if a government entity is responsible for the accident, there is a lower statute of limitation period. Also, states with Dram Shop laws have shorter statutes of limitations.
Another exception is if the accident involved a minor. In such cases, the statute of limitations starts running when the victim turns 18.
Pre-Existing Conditions or Exaggerated Injuries
You should seek immediate medical attention if you sustain injuries in a motorcycle accident. Delaying medical treatment until you feel worse may harm your damage claim. The insurance adjuster may argue that your injuries weren’t severe, so you delayed medical attention. Also, the defendant will claim that you made your injuries worse by failing to go to the hospital.
In the worst-case scenario, the insurance adjuster may argue that your condition existed before the accident. To counter this claim, you will require strong evidence showing that your injuries resulted from the accident.
You can disprove claims of pre-existing conditions by calling an expert witness to testify. For instance, an expert in spine conditions will demonstrate to the court how to determine the duration of a spine injury and show the connection between the injury and the accident.
Talk to the Motorcycle Accident Experts
When filing a motorcycle accident claim, remember that the insurance adjuster and the defense will take any opportunity to lower or invalidate your damage award. Therefore, gathering sufficient evidence to support your claim, corresponding with expert witnesses, and attending all your doctor appointments, will increase your chances of fair compensation.
