3 FAQs About Filing a Motorcycle Accident Claim in Florida
From the Tamiami Trail to the Panhandle’s Hosford Highway, Florida is home to some of the most breathtaking motorcycle routes in the country. Unfortunately, it’s also home to drunk, drowsy, and distracted drivers who hit the road every single day (and night).
If you were struck by a reckless driver while riding your motorcycle, you might have grounds for legal action. To help you get started, here are the answers to some of the most frequently asked questions about proceeding with a claim:
1. How Do You Prove Liability for a Motorcycle Accident?
Before you can secure a payout for the losses you incur, you’re going to have to convince the insurance adjuster that their policyholder was, in fact, responsible for the crash in which you were hurt. While the strongest evidence of liability will most certainly depend on the circumstances, it will probably include at least a few of the following pieces of proof:
- Helmet cam footage,
- Dash cam footage,
- Black box data,
- Photographs of the wreckage,
- Statements from accident reconstruction experts,
- Eyewitness testimony,
- The official police report,
- Toxicology reports,
- Cell phone records, and
- Vehicle maintenance records.
2. What Kinds of Damages Can You Include in a Motorcycle Accident Claim?
Florida tort law recognizes the validity of both economic and non-economic damages. As such, you can seek compensation for the following in your motorcycle accident claim:
- Loss of enjoyment in life,
- Emotional distress,
- Pain and suffering,
- Medical expenses,
- Lost wages,
- Loss of future earning capacity,
- Property repairs,
- The cost of reasonable and necessary replacement services,
- Home care,
- Home and vehicle modifications,
- Domestic help, and
- Alternative transportation.
It’s important to keep in mind, however, that you must prove you actually incurred these losses in order to include them in your claim. Thankfully, a resourceful personal injury attorney should be able to gather the kinds of evidence needed to do so.
3. How Long Do You Have to Take a Reckless Driver to Court?
If your motorcycle accident claim fails to yield a satisfactory settlement, it may be worthwhile to file a formal lawsuit. You only have a limited amount of time to bring an action, though, so it’s wise to act fast.
Florida’s usual statute of limitations for personal injury suits is four years. That means you likely have four years from the date on which the accident occurred to take the liable party to court.
Like many other statutes, however, there are a few exceptions to this filing deadline. While some of these exceptions extend the available window, others shorten it considerably. For this reason, it’s advisable to call a personal injury lawyer as soon as possible after the crash, so you can get the proceedings underway.
Discuss Your Case with a Motorcycle Accident Attorney in Stuart
Are you planning on proceeding with a motorcycle accident claim in Florida? For help with your action, turn to the knowledgeable team at Donaldson & Weston.
Our tenacious attorneys have secured more than $100 million for our valued clients. Complete the Contact Form on our website or call 772-266-5555 to schedule your free initial consultation with a motorcycle accident lawyer in Stuart.