Daytona Beach Motorcycle Accident Cases

Daytona Beach motorcycle accident cases may be litigated under a number of different theories of law. Whether you argue negligence, products liability, or wrongful death — or a combination of the three — will depend on the particular facts of your case. An experienced Daytona Beach motorcycle accident attorney can determine which theory of law is best suited to get you the maximum possible recovery in your case.

Negligence

Most motor vehicle accidents are caused by the negligence or carelessness of other drivers. That is why most motorcycle accident lawsuits are brought under the legal theory of negligence. Negligence is the failure to use reasonable care to avoid a foreseeable risk of harm to a another person. In general, all drivers have a duty to other motorists to use due care when operating a motor vehicle on Florida's roads. In a negligence case, a jury must determine fault, damages, and insurance coverage.

Fault

When a negligence lawsuit is brought for damages arising out of a Florida motorcycle accident, the judge or jury must first determine who is at fault for having caused the accident. Because more than one person may have been negligent in causing the crash, including the person who is bringing the lawsuit, it is necessary to determine the degree to which each responsible party was negligent. Florida law requires a calculation of the percentage of negligence attributable to each person responsible for causing the accident. This is referred to as "comparative negligence." Therefore, if a motorcyclist is found to be 40% at fault for causing his or her own injuries, then the other party or parties responsible will only have to pay 60% of the motorcyclist's total damages.

A lawyer for an insurance company will often argue that the injured victim is partially or wholly responsible for causing the accident, thus minimizing or eliminating the damages that the company will be required to pay. Our team of experienced Florida motorcycle accident attorneys will work to reduce your comparative liability and get you the best possible settlement in your case.

Damages

The judge or jury in a negligence suit must also determine the amount of the victim’s damages. Your damages are the losses you have suffered as a result of the other driver’s negligence. Losses may include medical expenses, lost wages, pain and suffering, damage to your motorcycle, loss of future earning capacity, and loss of the ability to enjoy life due to your injuries. These are called compensatory damages, which are intended to compensate you for the losses you have sustained as a result of the injury. Another type of damages are called "punitive damages," which are imposed as a means of punishing the defendant for gross negligence – behavior that is so egregious that a penalty is warranted in order to deter the defendant from committing the same act again in the future. In Florida, there is a cap on the amount of punitive damages that may be awarded. Punitive damages are limited to 3 times the amount of compensatory damages or $500,000, whichever is greater. However, if a judge or jury determines that the defendant had a specific intent to cause harm, there is no cap on punitive damages.

Insurance Coverage

Finally, the judge or jury must determine which insurance providers, if any, are responsible for paying for the damages awarded to you and the extent to which each provider is liable. Insurance companies make payments based on each person’s degree of fault in any particular motor vehicle accident. Your personal injury protection (PIP) or “no-fault” insurance plan does not cover injuries sustained in a motorcycle crash. The drivers responsible for your injuries may have several insurance policies that are potentially responsible for paying out your claim. Therefore, it is necessary to determine which insurance policies will pay for your damages. Our team of Palm Coast motorcycle accident attorneys will uncover all insurance policies that may be responsible for paying your damages to ensure that you are getting the maximum recovery possible.

Products Liability

Some motorcycle accidents are caused by defective or malfunctioning motorcycles or their component parts. Products liability is the area of law that holds the manufacturer, wholesaler, or retailer of a product responsible for injuries that result from use of that product. "Strict liability" is a term used in products liability cases to describe situations in which a manufacturer or other entity can be held liable for damages caused to another, even in the absence of negligence or other fault. Unlike negligence, strict liability imposes liability without proof of fault. Therefore, a plaintiff in a products liability case does not have to demonstrate that the manufacturer or vendor was negligent or careless, only that:

A defect in the product caused the accident.
The plaintiff was using the product in a manner consistent with the way it was meant to be used.
The product was not substantially altered between the time it left the seller or manufacturer’s hands and the time it reached the plaintiff.

In order to make a claim for strict liability, it is only necessary to prove that the product was defective by proving that it was “unreasonably dangerous for its intended use” as a result of a defect. In general, the following types of defects may render a product unreasonably dangerous in products liability lawsuits:

Manufacturing Defects: These occur when there is an error in a product’s manufacture or assembly. Manufacturing defects typically occur in only a few units of a given product because product defects are generated at different stages of the manufacturing process. For example, a screw may not be adequately tightened, a bolt may be missing, wires may be crossed, or pieces may be incorrectly soldered. As a result, the product comes off the assembly line in defective condition.
Design Defects: Design defects occur when an injury results from faulty product design. Design defects are inherent flaws in the design of a product, such that even if a product is assembled and produced perfectly, it will always come out of the factory in a dangerous condition.
Failure-to-Warn Defects: These occur when the manufacturer fails to adequately warn customers of potential hazards they may encounter while using the product.

If you were injured in a Palm Coast or Daytona Beach motorcycle accident that was caused by a manufacturing, design, or failure-to-warn defect, consult an experienced products liability attorney familiar with motorcycle accident cases in Daytona Beach, Deland, Deltona, Flagler, Lake Mary, Orlando, Ormond Beach, Palm Coast and Port Orange.

Wrongful Death

A wrongful death lawsuit seeks recovery for emotional suffering and financial losses endured by loved ones of motorcyclists who are killed as a result of the negligent conduct of another driver. A wrongful death suit is different from other types of personal injury claims because the actual victim (called the "decedent”) is not bringing suit; rather, it is the victim's family or the victim’s estate. The purpose of a wrongful death suit is to provide relief to family members who have been emotionally and financially injured as a result of the death of their family member. As such, damages in wrongful death cases intend to compensate for losses resulting from the death of a family member.

Calculating damages in wrongful death cases can be complicated. Some losses are easily measurable – a widow in a wrongful death suit, for example, may seek to recover the financial support that she would have received had her spouse survived. Other damages are more general in nature, however, and thus more difficult to calculate. Types of recoverable damages in wrongful death suits include:

Direct expenses, including medical bills and funeral costs.
Loss of benefits the person could have received from a pension or retirement plan if he or she had lived.
Loss of future earnings the person would have received in salary if he or she had lived.
Loss of companionship the person who died would have emotionally provided to a relationship.
The mental pain and suffering experienced as a result of the person’s death.
Punitive damages to punish the defendant for the wrongful act that resulted in the victim’s death.

If you have lost a loved one in a Florida motorcycle accident, an experienced Daytona Beach motorcycle accident attorney can assist you in calculating your damages. Call 1-800-351-0911 today for a free initial consultation regarding your Daytona Beach, Deland, Deltona, Flagler, Lake Mary, Orlando, Ormond Beach, Palm Coast or Port Orange motorcycle accident.

Automobile insurance companies will often attempt to settle out of court quickly while victims are still suffering from the trauma of a Florida motorcycle accident. Vasilaros & Politis, P.A., is experienced with the complex issues involved in Daytona Beach, Deland, Deltona, Flagler, Lake Mary, Orlando, Ormond Beach, Palm Coast and Port Orange motorcycle accident cases and can assist you in receiving full compensation for your injuries. Call the Daytona Beach, Deland, Deltona, Flagler, Lake Mary, Orlando, Ormond Beach, Palm Coast and Port Orange motorcycle accident lawyers at Vasilaros & Politis, P.A. now at 1-800-351-0911 or fill out our FREE CASE REVIEW FORM. The initial consultation is free of charge, and if our Daytona Beach motorcycle accident attorneys agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a Daytona Beach, Deland, Deltona, Flagler, Lake Mary, Orlando, Ormond Beach, Palm Coast or Port Orange motorcycle accident lawsuit must be filed before the statute of limitations expires.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.