What Are the Legal Standards in Motorcycle Accident Cases?
Florida law requires all drivers to exercise caution on the roads. When drivers are careless on the roads, they may be legally liable when someone gets seriously hurt. Here are the things that you need to prove to win your motorcycle accident claim in St. Petersburg:
Duty – You must show that the other driver has a duty to drive with care and caution. All drivers have a responsibility to be careful on the roads, so this is easy to prove in most motorcycle cases.
Breach of duty – The other driver must fail to act carefully and cautiously. The standard is based on what a reasonable person would do in the same situation. It’s generally unreasonable to break traffic rules like speeding or failing to obey a traffic signal.
Causation – The driver’s breach of the duty of care must be what causes your injuries. For example, if a vehicle driver fails to yield the right of way and hits your bike; as a result, their carelessness is the cause of your injuries.
Damages – You must show how you suffered a loss because of the accident. That means you must have physical injuries or property damage. Once you can show a loss, you can seek compensation for non-economic damages like pain and suffering and mental injuries in addition to compensation for your physical losses.
Serious injury – Florida law allows drivers to recover for injuries that fall into a number of categories. For example, the injury may be a severe impairment of a major bodily function like the ability to walk. It may be a permanent injury, or it may be an injury that causes disfigurement or scarring. If you’re not sure whether your injury qualifies, you should meet with our team of experienced motorcycle accident attorneys to discuss your claim.