Florida is a desirable area for sightseeing on your motorcycle, with the weather cooperating all year round. However, when you are riding a motorcycle, you are at more risk of sustaining severe injuries than other motorists on the road. Automobiles like cars and trucks are protected by tons of steel covering them, and a motorcycle does not have that inherent protection.
When you have sustained injuries from motorcycle accidents in Sarasota, it is wise to speak with a practiced lawyer for help understanding all available legal options. Call the diligent motorcycle accident attorneys at Dannheisser Injury Law for compassionate and aggressive representation.
The National Highway Traffic Safety Administration (NHTSA) reports that 15 percent of road accident deaths are motorcyclists. Those who survive are almost certain to sustain catastrophic injuries that, under 42 United States Code § 3796b, prevent a person from being gainfully employed.
The medical community generally categorizes catastrophic accidents as those causing severe trauma to a person’s brain or spinal cord, leading to paralysis, amputations, multiple broken bones, and loss of sight or any of the senses. When you have sustained a severe injury from a motorcycle collision, speaking with a well-versed Sarasota attorney can help ensure that any damages awarded are just.
Many motorists are instinctively aware of other cars because they are trained to see them and gauge danger levels. Often, they fail to see a motorcyclist in their blind spot or one turning appropriately. This can amount to negligence because all motorists must drive like the proverbial reasonable person, ensuring the safety of others. When that duty is breached because of a careless or reckless act and causes an accident injuring a motorcyclist, the motorist should be responsible for compensating the rider for their losses. Motorcyclists could recover for:
Dannheisser Injury Law is a local Sarasota firm that strives to recover the total value for a person’s injuries, such as those sustained in a motorcycle or other automobile accident. We believe in building long-lasting relationships and even provide our cell phone numbers to answer any questions that arise during representation.
In March 2023, the Legislature amended Florida Statute Section 768.81, shifting recovery in tort claims from pure comparative negligence to modified, except in medical negligence cases. Formerly, an injured motorcyclist could recover a damages award if they were up to 99 percent responsible for the accident, although the award was reduced by the motorcyclist’s percentage of fault.
Now, that same motorcyclist cannot be more than 50 percent at fault to recover damages and must demonstrate this point. Awards are still reduced by the percentage the motorcyclist is found at fault. Our Sarasota attorneys can investigate the nuances surrounding a motorcycle accident claim to help motorcyclists understand how comparative negligence might impact their situation.
Motorists who injure motorcyclists often rely on their auto insurance policies to pay settlements. We negotiate with all insurers but find many care more about retaining profits for shareholders than paying an adequate amount to an injured person.
At Dannheisser Injury Law, we do not hesitate to take the at-fault motorist and insurers to court if settlement talks stall. When you have sustained debilitating injuries from a motorcycle accident in Sarasota, visit our office to learn more about your legal rights during an initial consultation.
