Motorcycle Crash Attorneys Serving Florida
When a motorcycle is involved in a broadside collision with a car or truck, the outcome can be devastating, and sometimes fatal, for the motorcyclist. The motorcycle accident lawyers at Holliday Karatinos Law Firm, PLLC can help you if you were injured in a broadside collision while riding a motorcycle. Our firm has pursued personal injury claims for motorcycle crash victims and their families for years. We can provide seasoned legal guidance to help you assert your rights.
Broadside Collisions in Florida
Motorcyclists may suffer catastrophic injuries in a broadside collision. Broadside collisions, or T-bone crashes, occur when the front of one vehicle strikes another vehicle at a right angle. These types of accidents are particularly dangerous to motorcyclists who are struck by a motor vehicle. There are no structural protections on motorcycles, so a motorcyclist’s body is highly exposed to injury in a crash. According to the National Highway Traffic Safety Administration, broadside collisions accounted for nearly five percent of Florida fatal motorcycle injuries in 2011.
A motorcyclist involved in a broadside collision may suffer brain injuries, spinal cord damage, and in some cases fatal injuries. Negligent driving is the cause of many motorcycle broadside collisions, and a driver may be accountable for a victim’s injuries.
Liability for Motorcycle Broadside Collisions
You may hold a driver liable if you were injured in a broadside collision. If you file a personal injury claim against the driver, you may be able to get damages for your injuries if you can establish liability. In most motorcycle accidents cases, liability is based on negligence.
Negligence requires the plaintiff in a tort claim to demonstrate four elements: the defendant’s duty of care, breach of the duty, causation of injuries, and actual damages. All drivers in Florida have a duty to exercise care when they drive. A driver breaches this duty if he or she is engaged in behavior that compromises the safety of others on the road, such as by speeding or failing to yield at an intersection. If a driver strikes a motorcycle as a result of the breach, and the motorcyclist suffers injuries, the driver may be liable for damages that result from those injuries.
In cases where a driver violated a criminal statute, such as a drunk-driving law, you may be able to base your claim on negligence per se. This allows a victim to hold a driver liable if he or she can demonstrate that the law the driver violated is in place to protect a group of people like the victim from the type of harm the driver caused the victim to suffer.
A defendant in your claim may argue that your own actions caused your injuries. Even if you are partially at fault, you still may recover damages. Unlike many other states, which only allow a victim to get damages if he or she is 50 percent or less at fault, Florida allows a victim to recover damages regardless of his or her degree of fault. A jury will determine the percentage of fault among all the parties, and you may get damages based on your degree of fault.
Damages After a Broadside Motorcycle Collision
Recoverable damages in personal injury claims include past and future medical bills, property damage, and pain and suffering. If you lost a loved one in a broadside collision, you may be compensated for the deceased’s medical expenses, burial costs, loss of companionship, and more. Florida has a four-year time limit on personal injury claims, and a two-year limit for wrongful death actions.
Contact Our Broadside Collision Attorneys
The motorcycle crash attorneys at Holliday Karatinos Law Firm, PLLC can advocate for your right to compensation if you were injured in a broadside collision. Our lawyers are experienced advocates who can advise you on your legal rights and fight for your claim to compensation. We are committed to providing our clients with exceptional client service and effective representation in their motorcycle accident cases.
If you live in Hillsborough, Pasco, or Hernando Counties and were injured in a crash, let us help you. Call us today or fill out our online form to set up a free initial consultation.