Aggressive drivers are dangerous, and they pose a serious threat to all other drivers on Florida roadways – especially moped and motorcycle operators and passengers.
When aggressive drivers collide with mopeds or motorcycles, serious and catastrophic injuries may result. This is because motorcycle operators and passengers are directly exposed to the ground and to everything else around them. Their bodies have little protective covering other than their helmets, which offer only limited protection. A hard impact that occurs at a high rate of speed may cause a motorcycle operator and any passengers to be thrown from the bike and sustain serious injuries that can result in permanent impairment.
If you or someone you love has sustained injuries in a motorcycle accident that resulted from someone else’s negligence, our compassionate and experienced motorcycle accident lawyers are here to help. Our attorneys can help you maximize the value of your personal injury case and obtain the monetary compensation you need and deserve under the law.
Our modern society is very mobile, and thanks (in part) to Florida superhighways and thoroughfares, aggressive driving1 has, unfortunately, become commonplace. Although many types of carelessness and negligence can constitute aggressive driving, some of the more common types of aggressive and dangerous driving on Florida roadways include the following:
When motor vehicle drivers engage in these types of aggressive, reckless, or careless driving activities, they pose a risk to everyone else around them on the roadway – especially to motorcyclists and their passengers. As such, these reckless and careless drivers may be held accountable to innocent accident victims under Florida law.
All motor vehicle drivers have a duty under Florida law to drive their vehicles in a reasonably safe and careful manner – and to operate their vehicles as a reasonably prudent driver would operate a vehicle under the same or similar circumstances. This is a technical way of saying that drivers have a duty to drive carefully and obey all Florida traffic laws2 and regulations while operating their vehicles on Florida roadways.
In order to recover damages for personal injuries sustained in a motorcycle accident that was caused by an aggressive driver, the injured victim must prove that the aggressive driver breached the applicable standard of care – or that he or she drove in a reckless, careless, or aggressive manner for the road conditions then-and-there existing.
The injured victim must also prove that the driver’s breach of the applicable standard of care proximately resulted in injuries and damages. The injuries and damages may be economic (such as for payment of medical bills and lost wages) or noneconomic (such as monetary compensation for pain and suffering and emotional distress).
In addition to the aggressive driver of the motor vehicle, the injured victim may also have a legal cause of action against the owner of the vehicle (if that person is different from the driver), based on an agency theory of recovery.
A motorcycle is no match for a high-speed car or truck that collides with it, especially in cases where the driver of that other vehicle is driving aggressively or not paying proper attention to the roadway in front of him or her. When these accidents occur, serious – and potentially catastrophic – personal injuries may result. While small-scale motor vehicle accidents and fender benders often bring about soft tissue and other minor injuries, motorcycle accidents caused by aggressive drivers typically result in the following types of serious personal injuries and damages:
As part of a personal injury case, an injured plaintiff motorcyclist (or motorcycle passenger) must prove that the driver’s negligence and breach of the applicable standard of care resulted in injuries and damages. An injured plaintiff may be able to recover some or all of the following types of economic and non-economic damages against an aggressive driver in a Florida motorcycle accident case:
In the majority of motorcycle accident personal injury cases, the insurance companies hold the purse strings. In other words, when you file a claim or a lawsuit against the negligent and aggressive driver of a motor vehicle, that driver’s insurance company funds the settlement as well as the defendant’s legal representation. Generally speaking, insurance companies are not on your side.
In some motorcycle accident cases, insurance companies even try to deny liability altogether. In others, the insurance company may try to settle your case for an amount that is far less than what your case is worth. This is because the insurance company does not care about making you whole. Rather, the insurance company’s primary goal is to pay out as little money as possible. As a result, in a motorcycle or motor vehicle accident case, you should never accept the initial offer that an insurance company’s adjuster places on the table.
An experienced Clearwater motorcycle accident attorney will be able to speak with you about the facts and circumstances of your case, negotiate with the defendant’s insurance company on your behalf, and assist you with maximizing the value of your personal injury case. To schedule a free consultation or case evaluation with our personal injury attorneys, please call us or contact us online.