Lawsuits involving intersection collisions are often complicated, even if the accident seems straightforward at first. You should contact a motor vehicle collision lawyer before the defendant’s insurance company has a chance to start manipulating the case in its favor.
Motorcycle Accident Attorneys Helping Residents of Stuart
While motorcycle accidents can occur in a variety of situations, a particularly common place for a crash involving a motorcycle is at an intersection. This is because of the tendency for careless motorists to disregard the rules of the road and cause a collision with a vulnerable rider by, for example, running a stop sign or traffic light. The Stuart motorcycle accident lawyers at Donaldson & Weston have assisted many South Florida residents with pursuing maximum compensation in intersection collision cases, and we are here to help you file a claim against the responsible party.
Holding a Careless Driver Liable for Injuries Caused in an Intersection Collision
In order to recover damages in a motorcycle accident involving an intersection collision, the plaintiff must be able to prove that the defendant failed to exercise the degree of care that a reasonably prudent person would have used in the same or similar circumstances. Proving that a motorist was negligent in causing a crash involves four steps, each of which must be established by a preponderance of the evidence.
The first consideration in a negligence lawsuit is whether the defendant owed a legal duty of care to the plaintiff. If so, the next question is whether this duty was breached. Generally, the existence of a duty of care is straightforward to show in motor vehicle collision cases because all drivers have a responsibility to take proper precautions behind the wheel. The issue of whether the duty was breached usually comes down to whether the driver violated a traffic rule or acted unreasonably in another way.
If the plaintiff is able to prove the duty and breach of duty elements, the next matter that must be resolved is whether the defendant’s breach of duty actually caused the accident. In other words, the crash must not have been something that would have been likely to happen no matter how carefully the defendant acted. The final element in a negligence claim consists of damages, which are usually substantial in motorcycle accident cases because the riders lack protection from other vehicles around them.
Victims of intersection collisions may be able to seek compensation for past medical expenses, reasonably plausible future medical costs, lost wages, loss of future earning capacity, pain and suffering, and loss of consortium, among other types of damages. In order to protect your rights, however, it is critical to avoid any delay in bringing your case to an experienced motorcycle accident attorney in Stuart. The Florida statute of limitations in personal injury cases extends four years from the date of the accident giving rise to the claim, and it is usually advisable to file well before then while the evidence remains fresh.