How Is Liability Determined in a Motorcycle Accident?

If you have been injured in a motorcycle accident, whether you may seek justice and compensation is dependent on whether someone was liable for causing the crash and your injuries. In a motorcycle crash, there are various parties who may be responsible. Our Florida motorcycle accident attorneys will fully investigate your case to determine who may be held responsible for your injuries and losses.

At Hersh Kirtman Injury Law, our Florida personal injury lawyers have experience helping clients who have been harmed in personal injury accidents, including those involving motorcycles. We are dedicated to helping clients through their most difficult times, guiding them through the complicated and often daunting legal process, and obtaining compensation for their losses. Our Boca Raton motorcycle accident lawyer has a track record of success and will work hard to protect and advocate for your rights and interests throughout the claims process. 

Who May Be Held Liable for a Florida Motorcycle Accident?

The days and weeks following a motorcycle accident can be highly stressful for victims. Often, they are coping with injuries while trying to determine their next steps. While your health and recovery should be paramount, it is also important that you begin considering your legal options. 

One of the first steps in investigating a motorcycle crash claim is determining who may be liable for the crash. That refers to who caused the crash and the resulting harm. In a motorcycle accident, there are various parties who may be responsible and, therefore, liable, for the crash and the injuries:

• A driver of a car or truck involved in the crash
• Another motorcyclist
• A government entity responsible for the roadway
• Contractors involved in the construction or design of the roadway
• The manufacturer of the motorcycle 

A Florida motorcycle accident lawyer will help determine the liable party or parties in your case by investigating the crash and collecting critical evidence. This evidence may include:

• Photographs from the accident scene
• Video footage of the accident or of the scene
• Witness statements
• An accident or crash report
• Expert witness testimony
• Dashcam footage

To begin your motorcycle accident claim, contact a trusted Florida lawyer as soon as possible to learn more about your legal options.

Michael Hersh

Founding Partner

A passionate advocate for injury victims, Michael transitioned from corporate law to fighting for individuals after a pivotal case defending an elderly couple. With over $100M in verdicts and settlements, he specializes in catastrophic injury and wrongful death cases, using his Trial Lawyers College training to powerfully tell clients’ stories.

Years of experience – Over 15 years
Elite Trial Advocate – Graduate, Trial Lawyers College
$35M Record Verdict – Catastrophic auto accident case

Get in touch: LinkedIn | Justia

Proving Liability in a Florida Motorcycle Accident Case

Once the potentially responsible parties are identified, your attorney will have to gather the evidence necessary to prove the case. Proving liability is essential, and your claim cannot succeed without the ability to establish all of the elements of the claim. To prevail and prove liability, your lawyer must present evidence of the four elements of negligence in your motorcycle accident claim.

These four elements are as follows:

• The at-fault party or parties owed you a duty of care
• The duty of care owed to you was breached
• The breach of duty led to your Florida motorcycle accident and subsequent injuries
• You have suffered losses as a result of their negligence

The personal injury claims process can seem overwhelming and complex, but you do not need to go through it alone. When you retain the legal counsel of a trusted Florida lawyer, they will help guide you through the process.  

Further reading: Understanding specific traffic statutes is key to proving you were riding lawfully. Read more about Florida’s Lane Sharing Statutes and Requirements.

Pursue a Motorcycle Accident Claim Today With the Help of Hersh Kirtman Injury Law

Speak to one of our experienced motorcycle accident lawyers to ensure you are protected, guided through the legal process, and able to appropriately and adequately pursue your claim for the fair compensation you are owed.  

At Hersh Kirtman Injury Law, we provide clients with dedicated and trusted legal representation. Schedule a free case evaluation with one of our Florida motorcycle accident lawyers. You can contact our legal team today by filling out our contact form or calling (561) 208-3700.