Motorcycle accidents often result in life-altering or life-threatening injuries. Motorcycles lack standard car safety measures such as airbags or seat belts, as well as additional structural safety features such as crumple zones. If you or a loved one was recently involved in a motorcycle accident in Lakeland, Florida, you should contact a qualified and experienced motorcycle accident attorney at the O’Toole Law Group today to discuss your case. If you find yourself in this situation, here are some things you should know:
According to data obtained from the Florida Department of Highway Safety and Motor Vehicle (FLHSMV) and the Fatality Analysis Reporting System (FARS), there were a total of 8,895 motorcycle accidents in the State of Florida in 2019. These accidents resulted in 550 deaths, meaning that 0.062% of all motorcycle accidents in Florida resulted in a fatality. Furthermore, the National Highway Traffic Safety Administration (NHTSA) reported that 5,014 people died in motorcycle accidents in the United States in the same year, meaning that Florida accounted for approximately 11% of all fatal motorcycle accidents in the country.
Suing for a Wrongful Death Claim
If one of your loved ones was involved and killed in a motorcycle accident in Lakeland, Florida, you may be entitled to file a wrongful death claim. You have the right to sue for the untimely death of immediate family members, such as spouses, parents, and children. However, even if you did not have any of these relationships with the deceased, you might still be entitled to recover compensation if you were a dependent of the deceased, such as a sibling, grandparent, aunt, uncle, or someone else they looked after.
A wrongful death claim will help you recover compensation for your loved one’s end-of-life medical expenses, as well as their pain and suffering. You may also be able to recover the cost of funeral and burial expenses, as well as other expenses related to their death. You certainly cannot put a price on your loved one’s life, but if you and your family were financially dependent on the deceased person, the damages you recover can help you move forward.
When filing a wrongful death claim in Lakeland, Florida, you will have to clearly demonstrate that the other driver was at fault for the motorcycle accident. This involves pointing out traffic laws that they ignored, or other unsafe driving practices that resulted in the accident and the death of your loved one. Driving under the influence (DUI), texting while driving, and other driving distractions can all be used to establish fault in the case. However, even minor infractions — such as speeding or running a red light — can indicate that the other driver was at fault.
Keep in mind that many serious auto accidents are caused by mistakes made by both drivers. Under Florida law, if your loved one was partially to blame for the motorcycle accident (for example, because they were driving over the speed limit), you can still recover damages proportionate to the at-fault driver’s percentage of fault. This can be difficult to determine, which is why it’s best to partner with an experienced motorcycle accident attorney in Lakeland, Florida to help with your case.
Call Our Lakeland Motorcycle Accident Attorney for a Free Consultation
If you were recently injured or lost a loved one in a motorcycle accident in the Lakeland, Florida area, contact the O’Toole Law Group right away. Our motorcycle accident attorneys in Lakeland, Florida offer free legal consultations to help you understand what you might be entitled to, and how your case should proceed. Call our law office today at (863) 533-5525 or contact us online.