West Palm Beach, FL – Motorists, and especially motorcyclists, in Palm Beach County need to be careful driving due to the high volume of accidents in the area. After any crash, there can be various issues related to insurance claims and civil lawsuits to help pay the people who were injured. However, anyone who wants to receive the best legal advice about how to proceed after their collision should choose the right lawyer who has experience in these matters.
Local news from the Palm Beach Post reported on a fatal collision that involved a speeding motorcyclist on Okeechobee Boulevard .
Motorcyclist loses control with fatal results
According to the article, the accident occurred when a 46-year-old man from West Palm Beach lost control of his motorcycle and crashed into a guardrail. The man was pronounced dead at the scene. The article states that it is unclear what caused the man to lose control of his motorcycle, but notes that speed may have been a factor.
The article also stresses the importance of safety when operating a motorcycle. It quotes a local law enforcement official who encourages motorcyclists to wear protective gear and to drive defensively. The article also notes that Florida has a high rate of motorcycle fatalities and that safety should always be a top priority for motorcyclists. Florida is known as one of the most dangerous states nationally for motorcycle injuries and fatalities.
In addition, the article provides information on what to do if you are involved in a motorcycle accident. It encourages individuals to seek medical attention immediately and to contact an experienced personal injury attorney to help navigate the legal process.
Overall, the article serves as a reminder of the potential dangers of operating a motorcycle and the importance of taking necessary safety precautions. It also provides useful information for those who may find themselves involved in a motorcycle accident.
How does Florida law determine who is at fault for a motorcycle accident?
Florida’s comparative negligence law is a legal principle used in motor vehicle accident and personal injury cases to determine fault and award damages. In essence, the law allows for both the plaintiff and defendant to be held responsible for a portion of the damages sustained in an accident, based on their degree of fault. As a threshold matter, negligence must also be proven by a failure to meet the standard of care that is relevant to the situation. In single vehicle accidents like this one, the driver is usually responsible for their own injuries unless there was a defective vehicle or road condition that caused the crash.
The comparative negligence law in Florida is divided into two types: pure comparative negligence and modified comparative negligence. Pure comparative negligence allows for the plaintiff to recover damages even if they are found to be 99% at fault for the accident. However, their compensation will be reduced by their percentage of fault. For example, if a plaintiff is awarded $100,000 in damages but found to be 50% at fault, their compensation will be reduced to $50,000.
On the other hand, modified comparative negligence is a more common approach used in many states, including Florida. Under this law, a plaintiff cannot recover damages if they are found to be 50% or more at fault for the accident. However, if the plaintiff’s degree of fault is less than 50%, they can still recover damages, but their compensation will be reduced by their percentage of fault. For instance, if the plaintiff is found to be 30% at fault for an accident, their compensation will be reduced by 30%.
It is important to note that comparative negligence only applies to damages that are directly related to the accident in question. For example, if a plaintiff was injured in a car accident but had a pre-existing medical condition that was exacerbated by the accident, they may only be able to recover damages for the aggravation of their condition, not the underlying medical issue.
Moreover, Florida’s comparative negligence law is also relevant in cases where there are multiple defendants. In such situations, each defendant may be held responsible for a portion of the damages based on their degree of fault. However, if one defendant cannot pay their share of the damages, the other defendants may be required to pay the difference.
Another important aspect of comparative negligence in Florida is the burden of proof. The plaintiff must establish that the defendant was negligent and that their negligence caused the plaintiff’s injuries. However, the defendant can argue that the plaintiff’s own negligence contributed to the accident and that they should be held responsible for a portion of the damages. If both parties are found to be at fault, the jury will determine the percentage of fault for each party.
In conclusion, Florida’s comparative negligence law is a complex legal principle used to determine fault and award damages in personal injury cases. It is essential for plaintiffs and defendants to understand how the law works to ensure they are not unfairly held responsible for damages. If you have been involved in an accident and need legal advice, it is important to consult with an experienced personal injury attorney in West Palm Beach who can help guide you through the legal process.
Accident lawyers in the West Palm Beach area
Smith and Vanture is an accident firm that has extensive experience handling cases in West Palm Beach and other parts of Palm Beach County. Their attorneys can provide advice following any motor vehicle crash.
USAttorneys.com is a service that works with people who are trying to find a lawyer. Anyone who needs assistance with their search can call 800-672-3103 for a referral.
Firm contact info:
580 Village Blvd. Suite 200, West Palm Beach, FL 33409