3 Important Facts About Motorcycle Accident Brain Injury Lawsuits

December 09, 2019

by Donaldson & Weston

personal injury attorney

In the event of a motorcycle accident, the best-rated motorcycle helmets can reduce the risk of head injury by nearly 70 percent and the risk of death by almost 40 percent. Unfortunately, that means 30 to 60 percent of the time, riders who are wearing all the right gear are still vulnerable to catastrophic and potentially fatal brain trauma.

If you or someone you love sustained a traumatic brain injury (TBI) in a motorcycle accident, your family may be entitled to compensation for the resulting damages. To win your case with your personal injury lawyer, you will need strong evidence to prove liability, causation, and damages.

Read on to learn a few facts about motorcycle accident brain injury lawsuits:

1. Multiple Parties Might Be Liable for Damages

There are several parties that could be found responsible for a head injury resulting from a motorcycle accident. Some of the most likely defendants include:

  • Drunk, distracted, or otherwise negligent motorists;
  • The municipality responsible for maintaining the roads where the incident occurred;
  • The manufacturer of the motorcycle or one of its parts; or
  • The manufacturer of the rider’s helmet.

2. You May Be Entitled to Damages Even If You Were Not Wearing a Helmet

Florida follows a pure comparative fault rule, which means personal injury payouts are reduced by the plaintiff’s own percentage of fault. Sometimes an insurance company will try to use the comparative fault defense in motorcycle accident cases when the plaintiff was not wearing a helmet; however, there are many ways for a skilled attorney to counter this defense. In fact, even if you weren’t wearing a helmet, you may still be able to recover compensation for 100 percent of your damages, depending on the circumstances.

3. Plaintiffs May Be Able to Seek Both Compensatory and Punitive Damages

In Florida, personal injury victims may be able to recover the following compensatory damages with the aid of their personal injury attorney:

  • Property damage;
  • Alternative transportation;
  • Medical expenses;
  • Lost wages;
  • Lost benefits;
  • Loss of future earnings;
  • Household services;
  • Home care;
  • Child care;
  • Home and/or vehicle modifications;
  • Emotional distress;
  • Pain and suffering; and
  • Loss of enjoyment in life.


If you happen to be married, your spouse may be able to bring a claim for loss of consortium. This refers to the loss of love, companionship, affection, support, and services that he or she has suffered as a result of your injury.

Depending on the circumstances of the accident, you may also be entitled to a punitive award. Generally speaking, Florida permits the recovery of punitive damages when the liable party’s behavior constituted intentional misconduct or gross negligence.

Discuss Your Claim with a Motorcycle Accident Attorney in Florida

If you or someone you love is recovering from a TBI that was sustained in a motorcycle crash, contact Donaldson & Weston. We can review your case for free and help you determine the most strategic way to proceed.

Our compassionate attorneys have helped hundreds of clients in personal injury and wrongful death cases. Call 772-266-5555 or use our Online Contact Form to set up a free consultation with a motorcycle accident lawyer in Florida.