Port St. Lucie Motorcycle Accident Lawyer
The year round relatively mild weather in the Treasure Coast area means that motorcycle riders are on the road practically every day of the year. In other areas of the country, it is often too hot or too cold to ride. So, one would think that Florida motorists are accustomed to looking out for motorcycle riders. But in many situations, that’s not the case.
Substantial compensation is available in these situations. To obtain it, a Port St. Lucie motorcycle accident lawyer must be very diligent. That’s the kind of lawyer you’ll find at Smith & Ball. Personal injury claims usually hinge on evidence. So, we diligently collect evidence which supports your claim. Then, we put this evidence together like pieces of a jigsaw puzzle, so we obtain maximum compensation for your serious injuries.
What Causes Motorcycle Wrecks?
Driver impairment causes a number of motorcycle crashes in Florida. Some examples of impairment, and how these kinds of impairment affect motorcycle wrecks, include:
- Alcohol Misuse: This substance impairs judgement ability and motor skills. So, intoxicated motorists cannot properly judge the distance between themselves and motorcycles. And, these motorists cannot safely react to an emergency situation.
- Drowsiness: Fatigue and alcohol have roughly the same effect on the body and brain. Driving after eighteen hours without sleep is like driving with a .05 BAC level. Furthermore, just like there is no quick cure for intoxication, there is also no quick cure for fatigue.
- Device Distraction: Most people know not to drive while they use hand-held cell phones. But hands-free cell phones have roughly the same effect as alcohol. These devices cause drivers to take their eyes off the road and their minds off driving. In terms of judgement, hands-free devices give motorists a false sense of security.
Operational errors, mostly failure to maintain a proper lookout, also cause a number of motorcycle wrecks in St. Lucie County. Many motorists have a hard time spotting small motorcycles, especially if there are other large vehicles on the road.
This environment is not an excuse for negligence. If anything, it creates a duty for motorists to use even more caution.
Driver impairment and operational errors are usually negligent. As a result, these drivers are legally responsible for damages.
Theoretical responsibility is not enough. A Port St. Lucie motorcycle accident lawyer must also establish practical responsibility. Victim/plaintiffs must establish negligence by a preponderance of the evidence, or more likely than not. Evidence in these cases includes the police accident report, medical bills, and witness statements.
This evidence must also be strong enough to overcome some common insurance company defenses, such as comparative fault. This legal loophole shifts part of the blame for the crash from the negligent driver to the victim. For example, an insurance company might admit that its driver made an unsafe turn and blame the wreck on the motorcyclist’s excessive speed.
To overcome this defense, the victim/plaintiff’s evidence must be strong enough to shift responsibility back onto the tortfeasor (negligent driver).
Motorcycle wrecks often cause serious injuries. For a free consultation with an experienced motorcycle accident lawyer in Port St. Lucie, contact Smith, Ball & Báez Injury Lawyers. Attorneys can connect victims with doctors, even if they have no insurance or money.
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