Stuart Motorcycle Accidents
The coastal city of Stuart, the county seat of Martin County, is an outstanding place to explore the great outdoors on a motorcycle, scooter, or bicycle. Located along Florida's Treasure Coast, Stuart is very popular with tourists due to its proximity to the St. Lucie River, the Indian River Lagoon, and the Atlantic Ocean. Unfortunately, truckers and passenger car drivers do not always afford motorcyclists the care that they are due. Tragic accidents all too often result. If your family is dealing with the aftermath of a crash, the knowledgeable Stuart motorcycle accident lawyers at Donaldson & Weston can help you seek compensation from any party that may have been at fault.Seeking Compensation for Injuries in a South Florida Motorcycle Accident
In Florida, motorcycle accident cases are usually litigated under the principles of negligence law. To prove negligence, the plaintiff must show that they were owed a legal duty by the defendant and that the defendant breached this duty. The plaintiff must also show that they suffered some type of harm and that this harm was the proximate result of the defendant’s failure to uphold the duty to the plaintiff. However, the defendant may argue that the plaintiff’s compensation should be reduced due to his or her comparative fault in causing the accident. A comparative fault argument by the defendant may reduce the compensation award in proportion to the victim’s level of responsibility. For instance, if the plaintiff has incurred $100,000 in damages but was 50% at fault, they may receive up to $50,000. Determining who was at fault or who should share the fault for a crash is a highly fact-specific inquiry. It is important to enlist a motorcycle accident attorney early in the process to ensure that evidence supporting your version of events is carefully gathered and thoroughly presented.
While certainly enjoyable, motorcycles do leave their riders in a vulnerable position if there is a crash. Broken bones, head injuries, amputations, and even paralysis may result. These injuries typically result in substantial medical bills from the doctors, radiologists, physical therapists, and other medical providers who treat a victim after an accident. If the injuries resulted in permanent disabilities, the plaintiff may be facing even greater expenses in the future, and they may be unable to return to work. Fortunately, Florida law permits compensation for both past and future medical expenses and lost wages, as well as pain and suffering. The plaintiff’s spouse may also be entitled to compensation for loss of consortium.
It is extremely important that a rider who has been seriously injured in a Stuart motorcycle collision seek the services of an experienced injury attorney who has handled these cases before. The accident must be promptly investigated, witnesses must be interviewed before their memory fades, and physical evidence should be properly preserved. Also, claims must be filed within the applicable statute of limitations to prevent them from being dismissed on procedural grounds.Discuss Your Motorcycle Accident Case with a Stuart Lawyer
It takes a lot of skill, patience, and perseverance to successfully litigate a motorcycle accident case. Too often, the defendant and their insurance company try to pin the blame on the rider without due cause. This is unfair and wrong. Motorcyclists have the same right to use the roads as do car drivers, and, when they are injured due to a driver’s negligence, they deserve fair compensation. The Stuart motorcycle accident attorneys at Donaldson & Weston offer a free case evaluation, so you have no reason to delay in exploring your options if you have been injured. Call us at 772-266-5555 or contact us online to set up your appointment with a motor vehicle collision lawyer.