Yes, you can sue someone personally after a motorcycle accident in Florida. Motorcycle accidents are common incidents for Florida residents, owing to dangerous highways and reckless drivers. After a motorcycle accident, you may have to contend with medical bills, lost wages, and other issues. However, if you believe that you are not receiving your fair due, you may file a lawsuit against another entity personally.
Are you looking to file a lawsuit after a motorcycle accident in Winter Park? Call us today at: (407) 573-7075 to schedule a Free Consultation.
Whom Can You Sue in a Motorcycle Collision?
If you were involved in a Florida motorcycle accident that was not your fault, you may be able to sue the other driver. The following are the parties you can personally sue after a motorcycle accident:
- Other Motorists or Driver – The first party you can personally sue is the other motorist or driver of a car or truck who caused the accident through negligence or other causes.
- Vehicle Owners – If the other driver was using someone else’s motorcycle or operating a company vehicle, you can sue the vehicle owner or the company directly under the doctrine of vicarious liability.
- Manufacturers or Dealers – Faulty motorcycle manufacturing often leads to road accidents due to issues such as faulty brakes, defective tires, or malfunctioning parts. You can personally sue a manufacturer or dealer whose lack of proper knowledge or negligence resulted in a defect in your motorcycle model and caused the accident.
- Government Entities – If signage, construction debris, confusing lane patterns, or other factors related to local traffic regulation resulted in your accident, then you can personally sue government entities.
- Road or Construction Contractors – In many cases, if negligent work zone management, poorly placed detour signs, or dangerous debris left by a private construction crew are present, you can personally sue the company.
Proving Liability in Your Motorcycle Accident
As with every other vehicle accident case, you have to prove specific liabilities. Consulting an experienced motorcycle accident lawyer in Winter Park can help you navigate through the four legal elements that can establish your case for negligence:
- Duty of Care – The defendant owed you a duty of care, meaning the other driver had a legal responsibility to operate their vehicle safely and responsibly to protect other motorists, cyclists, and pedestrians.
- Breach of Duty – The defendant breached the duty of care by acting negligently or failing to take reasonable steps required by law, such as obeying traffic laws or exercising proper caution.
- Causation – The defendant’s breach of duty directly caused the motorcycle accident and resulted in your injuries.
- Damages – As a result of the collision, you suffered measurable damages, such as medical expenses, lost wages, property damage, pain and suffering, and other related losses.
Insurance Company Claims
Not all cases would require you to sue someone personally to resolve your motorcycle accident claim. In such cases, you may be able to negotiate a fair settlement with the at-fault driver’s insurer.
Our Florida motorcycle accident lawyers can help with initial negotiations by dealing with insurance adjusters. If the at-fault party’s insurer tries to reduce your claim, your attorney will help you file a lawsuit against the at-fault driver instead.
Florida’s No-Fault Law
Florida is a No-Fault State. As per Florida Statute 627.7407, all registered vehicle owners are legally required to carry at least $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL).
However, this rule does not apply to motorcyclists in Florida. Only drivers of four-wheeled vehicles are expected to carry PIP Insurance. As a result, most motorcyclists are left vulnerable because they are not given no-fault reimbursement for their medical bills, lost wages, and other losses.
However, that doesn’t mean you can’t recover compensation. Our experienced motorcycle accident lawyer in Winter Park can help you navigate the legal complexities of accidents involving uninsured or underinsured motorists, as well as Florida’s insurance and liability laws, to pursue the compensation you deserve.
Steps to Sue in a Motorcycle Accident
If you are suing someone personally, you need to file a formal complaint with the court and provide evidence that proves the other party’s negligence. The suing process typically includes the following steps:
- Filing a Lawsuit – Your attorney drafts and files the complaint, detailing the facts of your case and the damages you are seeking.
- Discovery – Both sides exchange evidence such as police reports, medical records, and witness testimony.
- Negotiation – Settlement discussions often take place before the case goes to trial.
- Trial – If a settlement isn’t reached, the case is presented in court, where a judge or jury decides the outcome.
What Challenges Can Arise From Personal Lawsuits?
Challenges are bound to arise in any legal matter, and personal lawsuits are no exception. Additionally, Florida’s Comparative Negligence Laws can also reduce your compensation value if not handled properly. Here are the common obstacles in personal injury lawsuits:
- Limited assets available with the defendant, lacking sufficient funds.
- The defendant may argue that your actions contributed to the crash, thereby reducing your ability to recover damages.
- Personal lawsuits may take months or years to get resolved, especially if they go to trial.
Should You Settle or Sue?
In many cases, accepting a motorcycle accident settlement is preferred to going to trial. Settlements are often faster and less stressful, allowing you to recover compensation without any court proceedings.
However, if the insurance company or at-fault party refuses to offer fair compensation, filing a lawsuit may be necessary. For any similar motorcycle accident in Winter Park, our attorney will aggressively negotiate on your behalf and proceed to trial if necessary.
Get Legal Help From a Motorcycle Accident Attorney at Abercrombie, P.A.
If you’re considering suing someone personally after a motorcycle accident, Abercrombie, P.A. is here to help. Our attorneys work on a contingency fee basis, which means you will only pay after we win your case.
Our motorcycle accident attorneys will determine the potential value of your claim and advise you on whether to sue the other driver personally.