Motorcycle Accident Lawyer Delray Beach

Suffering injuries in a motorcycle accident in Delray Beach can leave you overwhelmed, but the experienced team at Donaldson & Weston is here to help. Our motorcycle accident lawyers are skilled in handling complex claims and fighting for the compensation our clients deserve. Call us at 561-786-3369 for a free consultation and let us help you take the first steps toward recovery.

How Comparative Negligence Impacts Motorcycle Accident Claims

Motorcycle accidents in Florida can lead to serious injuries, and if you’re involved in one, it’s important to understand how the legal system works when it comes to fault. One of the key concepts that come into play during a motorcycle accident claim is comparative negligence. If you’ve been in a crash, you may wonder how your actions could affect your compensation. The state’s laws around comparative negligence can significantly influence the outcome of your claim.

What Is Comparative Negligence?

Comparative negligence is a legal principle used to determine the degree of responsibility each party holds in an accident. In essence, it means that if both parties involved in a crash are partially at fault, the compensation awarded in a personal injury claim will be adjusted based on each person’s degree of fault.

Florida follows a “pure comparative negligence” rule. This means that even if you are found to be partially at fault for the accident, you can still recover compensation for your injuries. However, the amount of compensation you receive will be reduced by your percentage of fault.

For example, if you’re determined to be 30% at fault for the accident, you can still recover 70% of the total damages from the other party. This is different from some other states that may bar recovery if you are found to be more than 50% at fault.

How Is Fault Determined?

In a motorcycle accident, fault can be determined based on a variety of factors, including:

• Traffic violations: If either party broke a traffic law (such as running a red light or failing to yield), that can be a factor in determining fault.
• Evidence from the scene: This includes witness statements, police reports, photographs of the accident, and any video footage. These details can help establish who was responsible for the crash.
• Expert testimony: In some cases, experts such as accident reconstructionists or medical professionals may be called to provide opinions on the causes of the accident and the extent of injuries.

When comparative negligence is applied, the court or insurance adjuster will assign a percentage of fault to each party. This process can be subjective, and the more evidence you have to prove that the other party was more responsible, the better.

The Impact of Comparative Negligence on Your Claim

In Florida, if you are found to be partially responsible for the motorcycle accident, the amount of damages you can recover will be reduced in proportion to your degree of fault. Here are some examples to help illustrate how this works:

• Scenario 1: You’re 20% at Fault – Suppose you’re involved in an accident where the other driver was texting while driving, but you also didn’t have your headlights on at night. The court determines that you are 20% responsible for the crash. If your total damages are $100,000, you would only be entitled to $80,000, as your 20% share of the fault reduces your recovery.

• Scenario 2: You’re 50% at Fault – If the accident was caused by a combination of both parties’ mistakes, and you’re deemed 50% responsible, you can still recover half of the damages. If your total damages amount to $200,000, your recovery would be reduced to $100,000.

• Scenario 3: You’re 90% at Fault – In a more extreme case where the court assigns 90% of the fault to you, you could still recover 10% of the damages. For example, if the total damages are $300,000, your recovery would be limited to $30,000.

Why Florida’s Comparative Negligence Laws Are Important

Comparative negligence laws in Florida are particularly important for motorcyclists, who are often involved in accidents with other vehicles like cars, trucks, or SUVs. Unlike passenger vehicles, motorcycles provide less protection in the event of a crash, leading to more serious injuries for motorcyclists. As a result, insurance companies and opposing parties may try to shift some of the blame onto the motorcyclist.

Understanding how comparative negligence works helps you avoid common mistakes that could lead to a reduced payout. For instance, if you admit partial fault or fail to contest claims made by the other driver, you may unintentionally increase your own percentage of responsibility.

In Florida, because it’s a pure comparative negligence state, the goal is not to completely block a claim based on fault. Even if you’re partially to blame for the accident, you still have the right to pursue compensation. However, it’s essential to gather evidence that supports your version of the events to minimize your degree of fault.

Insurance Companies and Comparative Negligence

Insurance companies are notorious for trying to limit their payout in personal injury claims. They will often try to use the concept of comparative negligence to argue that the victim shares some responsibility for the accident. This could result in a reduced settlement offer or a delay in processing your claim.

To protect your rights, it’s essential to carefully document the accident and work with an experienced attorney who understands how to handle these cases. Your attorney will help you collect and present evidence that shows you were not primarily at fault, or that you bear a smaller degree of fault than the other party.

For example, if an insurance company tries to claim that you were speeding or failing to signal, your lawyer can help find evidence such as traffic camera footage, witness statements, or police reports to dispute those claims.

How a Motorcycle Accident Lawyer Can Help

If you’ve been involved in a motorcycle accident in Florida, it’s crucial to seek the help of an experienced personal injury lawyer, especially if comparative negligence comes into play. A lawyer will work to investigate the details of the accident, gather the evidence, and present your case in the best possible light.

Here’s how a motorcycle accident lawyer can assist:

• Collecting Evidence: A lawyer will help gather photos, witness statements, police reports, and expert testimony that can help demonstrate the other party’s fault or mitigate your own responsibility.
• Negotiating with Insurance Companies: Insurance companies are focused on limiting their payout, but an attorney can fight for a fair settlement, ensuring that you are not unfairly penalized for partial fault.
• Representing You in Court: If your case goes to trial, a lawyer will represent you in court, arguing your case and ensuring that the judge or jury understands how fault should be assigned in the accident.
  

Understanding how comparative negligence works in Florida is crucial when filing a motorcycle accident claim. Whether you’re dealing with an insurance company or a lawsuit, knowing how your percentage of fault can affect your compensation helps you make informed decisions.

Partner With a Delray Beach Motorcycle Accident Attorney

If you’ve suffered injuries in a motorcycle accident in Delray Beach, you deserve a dedicated advocate who will fight for your rights. The motorcycle accident attorneys at Donaldson & Weston are here to guide you through the legal process and pursue maximum compensation on your behalf. Call 561-786-3369 today for a free consultation and take the first step toward justice.