Settlement Factors in a Motorcycle Accident Case
In the year 2016, the state of Florida spent $1,071,589 on motorcycle safety and coordinated 19 different motorcycle safety events over the course of the year. On average between the years 2013-2017, there were more than 90,000 motorcycle crash injuries per year in Florida. There were more than 5,000 total motorcycle fatalities throughout the United States in 2017 with more than 590 occurring in Florida, more than any other state by 100 fatalities.
Having a legal team with experience defending motorcycle victims is vital in receiving compensation in your motorcycle accident case. If you’re considering filing a personal injury case, then it may be in your interest to consult a personal injury attorney immediately to recover the damages you’re entitled to.
Motorcycle Injury Settlements
Most personal injury lawsuits are settled out of court and motorcycle cases don’t stray too far from the mean. Determining who’s liable is essential to settling your motorcycle accident injury case. Proving the following will be pivotal in seeking justice in a motorcycle accident injury case:
Traffic Tickets and Citations
Proving negligence is essential in your case, and if the other party in your motorcycle is issued a ticket, then the court will recognize their liability in the incident. Filing and getting a copy of the police report can prove very useful in recovering damages in a settlement.
Suffering minor injuries or minimal property damage won’t contribute to the strength of your case. However, if you can demonstrate to the courts that you’ve suffered significant damages as of a result of another negligent party, then it will increase the value of your case. Serious injuries and property damages will help your legal defense team and personal injury attorney recover justice via compensation in your case.
If the police find, or you can prove, that the negligent party was offering their vehicle while under the influence of drugs or alcohol, then it will contribute to your ability to seek reconciliation. Going to trial and can be costly and a judge is sure to rule in favor of the plaintiff if the defendant was impaired at the time of the accident therefore, settlements can save the defense time, energy, and resources.
If the motorcyclists are found to also be at fault, then the percentage of fault that they’re determined to share in the accident could be deducted from their settlement. To avoid fault in a motorcycle case then all cyclists should adhere to the following safety standards:
- Avoid speeding
- Driving recklessly
- Share the road with other vehicles
- Wear safety gear and protection
- Don’t drive while impaired
Assets and Insurance Limitations
The defendant’s assets can be used to pay damages in favor of the plaintiff when the defendant has been found negligent in a motorcycle crash. However, in instances of limited assets, the defendant’s insurance coverage will be responsible for covering damages. The plaintiff is only allowed to seek up to the maximum amount of the defendant’s insurance coverage. Though a settlement may exceed the limitations of their insurance, you’ll only be able to collect what their assets and insurance are able to cover.
The extent of your injuries and the expertise of your personal injury attorney will also play a crucial role in the number of damages you recover. Working with an adept and professional attorney will be pivotal in helping you seek justice in your motorcycle accident recovery.