https://mygainesvillelawyer.com/faqs/motorcycle-accident/
Gainesville Florida accident attorney Gil Alba offers information on the difference between motorcycle and automobile accident claims, lawsuits and cases.
Transcript:
What is the difference between getting involved in a motorcycle accident and getting involved in a car accident?
One of the biggest differences lies in how people perceive motorcyclists. Often, juries and judges are more likely to believe the motorcyclist was at fault, or reckless for being on a motorcycle at all. Paradoxically, a motorcycle accident is more likely to be caused by the negligent driver of an automobile than by any other factor. You need to make an outstanding legal case to secure the compensation you’re entitled to.
In addition, motorcycle accidents are far more likely to be fatal, which means it’s likely to become a wrongful death suit, not just a personal injury suit. When the victim does live the injuries are often more severe, and may even require lifelong care—a situation which requires a special kind of settlement.
I wasn’t wearing a helmet. Does that matter?
Yes, and no.
In Florida, there’s no law which says you have to wear a helmet unless you’re under the age of 21. You have to have medical insurance to ride around without a helmet, but you are permitted to do so. You have a right not to wear one if you choose. A helmet alone doesn’t prevent injuries, even fatal ones, though the extra protection certainly helps.
Unfortunately, you’re likely to run into that bias again once juries find out you weren’t wearing a helmet. It will be twice as hard to overcome this prejudice. If you weren’t wearing a helmet you need to be even more careful about what you say and do, and you need good attorneys on your side who will help you build and investigate your case.
Contact the client focused results driven attorneys at the Law Office of Alba & Yochim today for help if you or a loved one have been injured.
Law Office of Alba & Yochim P.A.
2700 NW 43rd Street, Ste D
Gainesville, FL 32606
Phone: (352) 327-3643
Toll Free: (800) 520-5945
Fax: (352) 354-4475
