Motorcycles offer freedom to many, but another driver’s careless actions can mean months of recovery and costly bills. While the at-fault driver’s negligence may seem obvious, pursuing your motorcycle accident claim could be more difficult than you thought. Insurance providers are not always ready to cooperate, but a Panama City motorcycle accident lawyer at GED Lawyers is ready to fight for you.
Our firm prides itself on exceptional service and its history of getting results, and we’re ready to get to work for you. A Panama City personal injury lawyer can handle the legal process while you recover from your injuries. Reach out today to discuss your next steps. Your initial consultation is free.
What is a Panama City Motorcycle Accident Claim Worth?
Calculating the value of your motorcycle accident claim will be essential. To determine its value, your attorney will need to go over how your life has been affected by your injuries.
You have the right to be compensated for both economic damages and non-economic damages. Economic damages are monetary in nature. They can be proven by providing the court with receipts, hospital bills, quotes, bank statements, and other records.
Some of the more common types of economic damages that may be awarded in a Panama City motorcycle accident claim include:
- Lost income
- Diminished earning capacity
- Medical expenses and equipment
- Future medical care
- Unexpected household maintenance fees and childcare expenses
- Costs of repairing or replacing your motorcycle
Non-economic damages include how your life has been impacted by your motorcycle accident and resulting injuries. Some of the more common types of non-economic damages you may be able to recover include:
- Diminished quality of life
- Loss of love and support
- Loss of companionship and guidance
- Loss of protection, society, and advice
- Physical pain and suffering
- Emotional distress
- Skin scarring, disfigurement, or dismemberment
Wrongful Death Damages
If you lost a loved one in a motorcycle accident, our wrongful death lawyers can lead your lawsuit while you grieve in peace with your family. We want to seek fair awards to help your family cope in the absence of your loved one and properly honor their memory.
We can seek financial compensation for:
- Funeral and burial/cremation costs
- Your loved one’s medical bills
- Your loved one’s pain and suffering
- The income your loved one provided
- The companionship and services your loved one provided
We want to help your family through this difficult time, and we can determine who has the ability to take legal action on your loved one’s behalf.
Common Causes of Motorcycle Accidents in Panama City
Motorcycle accidents in Panama City can occur in a variety of ways. However, there are ways in which motorcycle accidents occur more frequently than others. Some common causes of motorcycle accidents include:
- Distracted driving
- Drowsy driving
- Driving while under the influence of drugs or under the influence of alcohol
- Aggressive or reckless driving
- Speeding or following too closely
- Failing to yield or use a turn signal
- Making illegal turns
- Unsafe or dangerous road conditions, including potholes, unsecured road construction zones, and other hazards
- Motorcycle or other motor vehicle parts that are defective or malfunctioning
These are only a few of the more common ways in which motorcycle accidents occur in Panama City. If your motorcycle accident was caused by something that was not listed above, you might still have grounds for an insurance claim or lawsuit. You can discuss your legal options going forward with a motorcycle accident attorney at our firm.
Who is Liable for Panama City Motorcycle Accidents?
Establishing liability is essential in Panama City motorcycle accident claims. The liable party will be responsible for compensating you for your damages. Your attorney will need to carefully examine the way your motorcycle accident occurred to determine who the negligent party is.
Some of the parties who could share liability for your motorcycle accident include:
- Other drivers, if they caused the accident through negligent actions like distracted driving, failing to yield, or running a red light.
- Employers of drivers, if a commercial driver caused the accident while acting within the scope of their employment.
- Vehicle or motorcycle manufacturers, if a defect in the motorcycle or another vehicle (e.g., faulty brakes, tires, or other mechanical issues) contributed to the accident.
- Government entities, if hazardous road conditions (e.g., potholes, lack of proper signage, poor lighting, or improper road maintenance) caused or contributed to the accident.
- Motorcycle maintenance providers, if negligent repair or maintenance work contributed to the accident.
- Property owners, if an accident occurred on private property due to a hazard like an unmarked obstacle or dangerous driveway design.
Can I Seek Damages if I am Partially at Fault?
Florida follows a modified comparative negligence rule, meaning that a plaintiff can recover damages from an at-fault party only if their share of fault is 50 percent or less. However, the amount of compensation is reduced by the plaintiff’s percentage of fault. If the victim is more than 50 percent at fault, they cannot recover any compensation.
In a Panama City motorcycle accident claim, the modified comparative negligence law often opens the door for at-fault parties and their insurers to unfairly blame the motorcyclist.
Motorcycle accident victims must be vigilant in countering such claims by providing strong evidence, such as accident reports, witness statements, and expert testimony. A Panama City motorcycle collision attorney can effectively challenge these tactics to ensure the at-fault party does not shift blame unfairly and reduce your compensation.
File Your Motorcycle Accident Lawsuit Before the Deadline
The statute of limitations in Florida is generally two years for personal injury lawsuits involving motorcycles, per Florida Statutes § 95.11. Although two years seems like plenty of time to move forward with a personal injury claim, recovering, dealing with insurers, and preparing for negotiation and litigation take time.
If the statute of limitations expires before you pursue your lawsuit, you will lose your opportunity to have your case heard in the Panama City civil court system.
How Our Panama City Motorcycle Accident Attorneys Build Your Case
If you hope to win your Panama City motorcycle accident claim, your lawyer will need to introduce evidence that shows the jury the defendant is more than likely at fault for causing your injuries. They do this by establishing the four main elements of negligence:
- Duty of Care: We must establish that the other party had a legal obligation to act with reasonable care to prevent harm.
- Breach of Duty: Our team must then demonstrate that the defendant failed to meet this obligation, such as by speeding, texting while driving, or neglecting vehicle maintenance.
- Causation: Proving that the defendant’s breach of duty directly caused or contributed to the motorcycle accident is essential, but often the trickiest part of any case.
- Damages: We will present evidence of the physical, emotional, and financial harm suffered by you as a result of the accident, including medical bills, lost wages, and pain and suffering.
Some of the more common types of evidence that could be used to establish liability in a motorcycle accident claim include:
- Police reports and reports from accident reconstructionists, safety inspectors, maintenance technicians, and other experts
- Video footage of the accident, including CCTV footage, dash cam footage, body cam footage, and surveillance from nearby homes or businesses
- Photos of the accident scene, the injuries you sustained, your injuries as you heal, and any property damages that occurred
- Cell phone records, chemical blood alcohol test results, and other forensic evidence
- Witness statements
- Medical records that provide proof of your injuries and their severity
Work with a Motorcycle Accident Lawyer in Panama City
Motorcycle accident claims are some of the more complex types of personal injury cases, but our Panama City motorcycle accident lawyers are ready to take on your case.
You may have catastrophic injuries and extensive losses, and you should not have to deal with the outcome of the accident alone. You can discuss your legal options for financial recovery during a free consultation. Call GED Lawyers today to get started.