If you were hurt in a Tampa motorcycle accident, you may be entitled to receive compensation for medical expenses, lost wages, property damage, and pain and suffering, among other losses. However, the process of pursuing the financial recovery you need can be confusing and overwhelming, especially if you need to take the at-fault party to court.
Understanding the motorcycle litigation process can ease your stress when you need to pursue compensation from the party responsible for your injuries and losses. So can having an experienced attorney on your side. Reach out to a motorcycle accident lawyer in Tampa today.
At Brooks Law Group, we always put our clients front and center. We know that making any legal decision requires detailed information and personal thought. Our attorneys can provide thorough answers to your questions about the legal process before taking action.
Not sure if you have a motorcycle accident lawsuit? No problem. Call or contact us for a free case evaluation.
Can I Pursue a Personal Injury Lawsuit After a Motorcycle Accident?
Florida is a no-fault auto insurance state. When most drivers are injured in car accidents, they must turn to their own insurance policies to cover their losses. Florida drivers can typically only step outside of the no-fault system when they sustain serious, permanent injuries.
However, the state’s no-fault laws do not apply to motorcyclists. A rider injured in a collision caused by another party may be able to pursue compensation through an injury claim or a Tampa motorcycle lawsuit.
The process usually begins by filing an injury claim against the at-fault driver’s insurance company. Your motorcycle accident attorney will gather evidence to demonstrate the other driver’s liability and craft a compelling claim that enables them to negotiate aggressively for fair compensation. Most Tampa motorcycle accident claims stop here. But if a settlement cannot be reached, your lawyer will discuss the pros and cons of motorcycle accident litigation with you.
Tampa Motorcycle Accident Litigation Process
Motorcycle accident litigation involves different phases. First, your attorney will file a complaint against the at-fault party (now called the defendant).
Filing a Complaint
The complaint details your allegations against the defendant and will demonstrate how they were negligent in their duty of care to protect other motorists from harm. In some motorcycle accident cases, there will be more than one defendant. Each one is named in the complaint.
Once the defendant receives the complaint, they usually have 20 days to answer. In their response, the defendant may dispute your allegations, offer a defense against your claims, or make claims against you (now the plaintiff), or even a third party.
Defendants are not legally required to respond to the claim if they don’t want to. If they don’t, the court might render a default judgment on their behalf.
It’s also possible that the defendant will file a motion to dismiss the case. They may do so on various grounds by claiming:
- The court does not have proper jurisdiction.
- There was an error in the summons, or it was improperly served.
- You failed to present sufficient facts in the case.
Discovery
During discovery, both legal teams share evidence and establish the facts of the case. Your attorney may request to view evidence that the other side has collected. Your motorcycle accident lawyer can also request that the defendant provide testimony through a deposition.
In a motorcycle accident case, relevant items of evidence may include:
- Information about the motorcycle, including its VIN number, any technical issues the bike had before the accident, the speed it was traveling when the crash occurred, and more
- Documents, photos, surveillance footage, and other records from the accident scene, such as weather conditions, road hazards or fixed objects in the area, traffic conditions at the time of the crash, vehicle damage, and your injuries
- Evidence about the motorists involved in the accident, including licensure, driving experience, blood alcohol content at the time of the crash, and other factors
- Witness testimony from any bystanders
- Documentation of medical expenses, lost earnings, vehicle damage, and other damages showing the financial losses caused by the accident.
Resolution
You could resolve the case without going to trial. Many cases settle during a process called mediation. The two sides discuss a settlement agreement while a neutral party, often a retired judge, mediates the talks. If mediation talks fall through, then the case will go to trial.
At trial, the two sides will each present their cases before the court. A judge or a jury then considers the facts and announces their verdict. Either party has the right to file an appeal if the decision does not go their way.
Proving Liability
Proving liability can be difficult, but it is a necessary step in Tampa motorcycle litigation. You must be able to prove that someone else was negligent to win a motorcycle accident lawsuit.
Proving negligence requires satisfying four requirements. You must prove:
- The defendant had a duty to ensure your safety on the road.
- The defendant breached their duty through a negligent action (e.g., drunk driving, speeding, etc.).
- The breach of duty directly led to your injuries.
- You suffered losses that can be compensated to “make you whole” again.
How a Motorcycle Accident Lawyer in Tampa, FL, Can Help
If you sustained a serious injury in a motorcycle accident in Tampa, you may be able to file a lawsuit. A knowledgeable lawyer at Brooks Law Group can determine whether your claim has merit in a free consultation.
Our motorcycle accident lawyers always push for a settlement first. It’s a less risky and more cost-efficient way to get timely results. But if the amount isn’t fair or the insurance company is stalling, our battle-tested trial lawyers won’t hesitate to go to trial. Call or contact us today to learn more about how we can help with motorcycle accident litigation. The first consultation is free.
