Someone who has been the victim of a motorcycle accident should consider the unique circumstances of their case compared to an average motorist when determining whether or not to file a lawsuit. While every case’s facts and the circumstances surrounding it will vary, there is potential with personal injuries resulting from motorcycle accidents to add strength to cases under certain scenarios.
To understand how these factors could come into play, consider the case of Heather:
HEATHER: BIKING ENTHUSIAST AND MOTORCYCLE ACCIDENT PERSONAL INJURY VICTIM
Heather is a sous chef at a prestigious hotel and also a motorcycle enthusiast. She often rides her sport bike to and from work as her only mode of transportation.
One night, Heather leaves work and drives home along a busy main street. While travelling around 55 miles an hour, Heather approaches an intersection. Across the intersection from Heather is another driver, David, who is trying to turn left but has not yet since he is expected to yield to oncoming traffic, but David decides he is a rush, so he turns anyways.
While David may have thought he had enough time to turn before Heather reached him, this was not the case. Heather performs an emergency stop, braking hard before her bike lays flat and she rolls on the asphalt. She is brought to the hospital where she is treated for a broken collarbone, a broken ulna and other severe trauma. David makes a statement to police at the scene saying he saw Heather’s headlight but had trouble gauging the distance between her and the intersection. The police give David a ticket for failure to yield.
Because Heather technically did not collide directly with David’s vehicle, his insurance attempts to argue that there was no collision that he was liable for. Heather decides to sue for personal injury and additional damages.
WHY HEATHER’S MOTORCYCLE MATTERS
In this instance, Heather could potentially heighten the gravity of her claims against David by alleging gross negligence. David claimed he had seen Heather’s motorcycle yet decided to turn in front of her anyways. David has a duty of care to abide by traffic rules in order to lessen the chances of injuring someone. David also understands that his actions had a high risk of resulting in serious injuries such as nerve damage, concussions or internal trauma.
The results of Heather’s case will depend on the circumstances of her trial, the skill of her personal injury attorney and the responses David’s attorney brings. Yet, the fact that she is more vulnerable as a motorcyclist still increases the gravity of David’s decision to not yield.
If you have been in a similar situation to Heather or are the family member of someone who has been in a severe at-fault motorcycle accident, we suggest you find a Florida personal injury attorney experienced with handling motorcycle accident personal injury claims. Koberlein Law Offices are here for you in Gainesville and Lake City, Florida to take your unique situation into account and argue the facts to the best of our ability. Contact us now.