Have you recently been injured in a motorcycle accident? Here are 3 types of motorcycle accidents that could relate to your case. Call our office today.
Motorcycle Accidents Without A Helmet
In the state of Florida, if you’re a motorcycle rider, you’re not required to wear a helmet. There’s no prerequisites that you do so, and you’re not prohibited from filing a claim or bringing a lawsuit if you’re injured due to the fault of someone else while you’re riding your motorcycle. The problem is, there are certain injuries that you could sustain for which the failure to wear a helmet could be used against you.For example, if you get a head injury, the defense insurance company can take the position that your damages would’ve been less if you had that helmet on. It works for and against you because there are also neck injuries that can be made worse by wearing a helmet, which is one of the things that, when we handle motorcycle cases here at Morgenstern & Herd, we use against a carrier who wants to assert that your head injury wasn’t caused by the accident, but it instead was caused by your failure to wear the helmet.
Run Off the Road
Recently, someone contacted us because they were forced off the road by a driver who wasn’t paying attention. They came from behind and almost came right up onto the driver, so our client moved off the road, and doing so caused injuries. If not for the actions of the driver who forced them off the road, our client would never have been injured. In that scenario, it’s certainly permissible to bring a claim against the driver who forced you off the road.
We’ve had a couple of clients in the past five years who have sustained injuries because the road was not properly maintained. In the example with our client, the road wasn’t maintained and it was allowed to build up furrows or indentation marks that retained water, so that when it rained it made it more difficult for a driver to stop. In those circumstances, you have a cause of action against the county or the government. There are limitations in damages that you can recover from the county, and also the driver has to be observant of those conditions on the roadway and take appropriate action for them.
Were you or a loved one seriously injured in a crash and have questions about the types of motorcycle accidents? Contact a Florida motorcycle accident lawyer at Morgenstern and Herd today for a free confidential consultation and case evaluation. Let our experience work for you.
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