All drivers must exercise caution when proceeding through an intersection to make sure that they can safely travel through the intersection. Not all drivers approach intersections with sufficient care, however, and accidents often occur as a result. Motorcycle riders often go unnoticed by other drivers at intersections and are especially susceptible to the harm caused by intersection accidents. If you were injured in an intersection accident while you were riding a motorcycle, it is wise to speak with an attorney regarding your potential claims. Joseph I. Lipsky is a dedicated Fort Lauderdale intersection accident lawyer who can work vigorously to develop compelling arguments to help you seek a favorable outcome in your case.
There are multiple ways in which an intersection accident involving a motorcycle can occur. A driver may fail to stop and proceed through the intersection without checking for oncoming traffic, and they may subsequently collide with a motorcycle. Or a driver may misjudge how far away an oncoming motorcycle is or how fast it is traveling and turn left in front of the motorcycle, causing a collision. An accident also can occur when a driver turning right does not wait until the path is clear before turning and strikes an oncoming motorcyclist.
After an intersection accident, the question of whether you can recover compensation depends on whether you can prove that the driver who struck you caused the accident. Typically, a plaintiff seeking damages due to a motorcycle accident will allege that the defendant should be held liable due to his or her negligence. In Florida, the standard for negligence requires an intersection accident attorney in Fort Lauderdale to show that the defendant owed the plaintiff a duty to comport with a standard of care and that the defendant’s actions or failure to act constituted a breach of the duty.
The plaintiff must also show that the breach caused his or her harm and that he or she suffered actual damages as a result. If the plaintiff can establish liability, he or she may be awarded damages, including the cost of medical bills, lost earnings, and compensation for pain and suffering. If the plaintiff was married when the accident occurred, the plaintiff’s spouse may also be able to recover compensation for the loss of the plaintiff’s services and companionship, caused by the plaintiff’s injuries. If you sustained damages due to a motorcycle accident, a seasoned attorney can advise you on the claims that you may be able to pursue.
In many cases involving intersection accidents, the defendant will argue that the plaintiff was responsible for the accident, and therefore, the plaintiff should not be awarded damages. For example, the defendant may argue that the plaintiff was driving too fast or did not have the right of way but proceeded regardless. Florida has adopted a pure comparative negligence standard, however, which means that even if a plaintiff was partially at fault for an accident, a Fort Lauderdale intersection accident attorney may be able to recover damages for them. The amount of fault attributed to the plaintiff will proportionately diminish the amount of compensation that the plaintiff is entitled to recover. In other words, if a plaintiff is deemed 20% at fault for an accident and sustained $100,000 in damages, the plaintiff can recover up to $80,000.
Intersection accidents are often serious, but in most cases, they are avoidable. If you sustained injuries due to a motorcycle accident that occurred at an intersection, you should speak with an attorney regarding your right to seek damages from the party who caused the accident. Joseph I. Lipsky is adept at assisting injured people in the pursuit of damages. Mr. Lipsky represents injured people in lawsuits in Orange, Broward, Miami-Dade, Monroe, and Palm Beach Counties, including in Orlando, Fort Lauderdale, Miami, Key West, and West Palm Beach. Our offices are located in Miami, Plantation, Delray Beach, and West Palm Beach. You can reach us through our form online or at 1-888-352-5298 to schedule a confidential and free consultation with an intersection accident lawyer in Fort Lauderdale.