Sarasota Motorcycle Accident Lawyers

Vehicle engineering, design, and production have advanced by leaps and bounds, to say the least, since the 1930s. However, motorcycle engineering, design, and production have not changed much. The motorcycle Lawrence of Arabia was riding when he was killed in a 1935 accident is similar in design to modern motorcycles. Both then and now, a motorcycle is essentially a frame, a seat, a motor, a gas tank, and handlebars. As a result, the motorcycle rider crash fatality rate is about thirty times higher than the vehicle occupant crash fatality rate.

Then as now, motorcycle crash claims are complex. The facts surrounding Lawrence’s motorcycle accident are unclear to this day. Similarly, the facts of a modern motorcycle accident are difficult to pin down. Liability issues are equally complex. Therefore, only an experienced Sarasota motorcycle accident lawyer from Carman & Finegan, P.A. can help you obtain maximum compensation for your serious injuries.

Proving Liability

Compensation is available if a Sarasota motorcycle accident lawyer can prove negligence—defined as a lack of care—by a preponderance of the evidence, meaning it is more likely than not.

In Florida, most drivers have a duty to exercise reasonable care in most situations. They must avoid accidents whenever possible. This responsibility includes watching for motorcyclists and treating them as they would any other vehicle operator.

Drivers breach their duty of care when, due to impairment, inattention, or a combination of both, they do not watch for motorcycles and avoid accidents if possible.

If negligence causes injury, a Sarasota motorcycle accident lawyer can obtain compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some extreme cases.

Drivers are legally responsible for the wrecks they cause. Sometimes, a third party, like a commercial alcohol provider or an employer, is financially responsible for damages in these situations.

Evidence in a motorcycle crash claim usually includes the police accident report, medical records, and witness statements. Sometimes, one leg of the stool is shaky. Witness statements are a good example.

Some witnesses are not legally qualified to testify, usually because of possible bias. Other witnesses are not credible, usually because they did not get a good look at the accident. To bolster this evidence, attorneys, often working with private investigators, locate additional witnesses and convince them to share their stories.

Disproving Defenses

Formal and informal comparative fault are among the most common defenses used by insurance companies in vehicle collision claims. These doctrines basically shift blame for the accident from the tortfeasor (negligent driver) to the victim.

Formal comparative fault focuses on factors such as impairment and inattention, as previously mentioned.” For example, an insurance company lawyer might admit the tortfeasor failed to yield the right-of-way but blame the accident on the victim’s excessive speed. This approach is very common in left-turn motorcycle accidents.

Informal comparative fault focuses on motorcycle prejudice. Many jurors believe that motorcycle riders are reckless thugs who disregard the safety of other people and take unnecessary risks.

Evidence is usually the key to blunting the comparative fault defense. Slight excessive speed usually does not substantially contribute to a wreck, and not all motorcycle riders are members of the Hell’s Angels.

Connect With a Dedicated Sarasota County Attorney

Injury victims are entitled to substantial compensation. For a free consultation with an experienced motorcycle accident lawyer in Sarasota, contact Carman & Finegan, P.A. We routinely handle matters throughout the Sunshine State.