Scenic routes like the Green Mountain Scenic Byway and the Lake Okeechobee Loop draw motorcyclists to Lake County. Whether riding recreationally or commuting, motorcyclists face risks when others act carelessly, leading to crashes and serious injuries. Those injured in motorcycle accidents caused by another party’s negligence may pursue compensation through Florida’s personal injury claims process. To recover damages, the injured party must establish the other party’s negligence. Here is a look at negligence in Lake County motorcycle accident cases and the types of services a dedicated motorcycle accident attorney could provide when handling an injury claim for their client.
What Is Considered Negligence, and Why It Matters to Your Case
Negligence in a Lake County motorcycle accident case involves a roadway user failing to take reasonable steps to prevent harm to others. Common examples include drivers operating a vehicle while distracted or impaired, exceeding safe speeds for road conditions, merging or changing lanes without checking, and disregarding traffic signals. These actions often contribute to collisions that result in injury to motorcycle riders or passengers. Motorcycle riders are also subject to the same traffic laws as other motorists and may bear responsibility when their own conduct contributes to an accident.
State laws require the owners of vehicles such as cars and trucks to purchase personal injury protection (PIP) coverage to help pay for the costs associated with being injured in an accident, regardless of who was at fault for causing the accident. Motorcyclists are exempt from this requirement and instead are permitted to seek compensation by filing a claim against the liability coverage of the at-fault driver’s auto insurance policy as long as they can prove that someone else was at fault.
Proving Negligence in a Motorcycle Accident Case
An experienced motorcycle accident lawyer can provide numerous services when handling a claim for an injured rider in Lake County—especially one caused by negligence. One of the most important services is gathering the evidence needed to satisfy the elements of negligence and determine liability for the accident. The elements of negligence are:
- The at-fault party had a duty to take action to protect others from harm while operating a motor vehicle on a public road
- The driver breached that duty when they failed to obey traffic laws
- Because of this breach, an accident occurred in which a rider or passenger of a motorcycle was injured
In addition to proving that a motorcycle accident occurred due to someone else’s negligence, a lawyer must also produce documentation that shows the at-fault driver’s insurance provider the financial and emotional costs of the accident that were incurred by the injured rider. This can include medical expenses, loss of earnings, lost earning capacity, damage to the rider’s motorcycle and gear, and the pain and suffering they experienced as a result.
Speak to a Lake County Attorney if Negligence Caused Your Motorcycle Accident
Proving negligence in Lake County motorcycle accident cases is not easy to do alone. If you were injured in a motorcycle accident, let us help you understand the claims process, answer the questions you have about your case, and determine your next steps in seeking compensation. Contact us for a free case evaluation today.