Severe injuries are unfortunately common in motorcycle accidents because operators and riders have extremely limited protection surrounding them. Although many bikers choose to wear helmets, a serious motorcycle accident can result in far more than a head injury.
If you or someone you love suffered injuries in a motorcycle accident, you may have grounds for a personal injury lawsuit against the operator (if you were a passenger on the motorcycle) or another negligent driver. Before filing a claim on your own, consider speaking with a New Port Richey motorcycle accident lawyer for assistance. An experienced personal injury attorney could determine who was responsible for your accident and pursue a claim on your behalf.
Standard of Care
Motorcycles are complex pieces of equipment. Consequently, motorcycle operators owe a duty of care to their passengers to operate their motorcycles in a safe and reasonably prudent manner while on the roadway.
Similarly, drivers owe a duty of care to others on the roadway, including motorcyclists and their passengers. A motorcycle operator or other driver might be negligent if they do any of the following:
- Drink and drive
- Disregard rules of the road
- Weave in and out of traffic
- Engage in distracted driving (e.g., texting or making phone calls)
- Driving too fast for the weather or road conditions
A motorcycle accident lawyer in New Port Richey could determine if the accident victim is eligible to make a personal injury claim, and if so, whom to file the car accident lawsuit against.
Statute of Limitations
In cases where the motorcycle accident victim is eligible to file a lawsuit against the operator and/or another negligent driver, they generally have four years to do so. This four-year time period, known as the statute of limitations, starts to run on the date of the motorcycle accident.
Except in extremely limited circumstances, if the accident victim does not file suit within this four-year time period, the law bars them from filing a lawsuit for damages at any point in the future.
Compensable Damages
An accident victim could be eligible to receive compensation following a motorcycle accident. To do so, they must first have suffered losses such as a physical injury and/or missed time from work.
In the case of a permanent injury, a motorcycle accident victim could pursue damages for all of their medical treatment expenses, missed time from work due to the accident, and noneconomic damages. Noneconomic damages include compensation for mental anguish, pain and suffering, and other losses for which there is no strict formula for calculating.
A New Port Richey motorcycle accident attorney could determine which damages an accident victim might be eligible to pursue and help calculate a fair value.
Call a New Port Richey Motorcycle Accident Attorney Today
Motorcycle accidents can result in devastating losses, and victims often face financial difficulties in addition to their physical injuries. Fortunately, a New Port Richey motorcycle accident lawyer could help you file a claim and pursue damages in hopes of maximizing your recovery in the case. Call today to schedule a consultation.
