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Tampa Personal Injury Blogs from November, 2011

Proving Negligence in Motorcycle Accident Cases


In Florida, before one can recover damages resulting from a motorcycle accident, they are required to prove the other involved party was negligent. Negligent behavior often times simply means the other person did something wrong or was careless. Individuals involved in motorcycle, automobile or trucking accidents must show someone else caused and/or contributed to causing their accident. Our Tampa Motorcycle Accident Attorneys have dedicated a substantial portion of their practice to representing motorcyclists who have been injured by the negligence of others.

Drivers who operate automobiles, trucks and motorcycles are required to exercise due care to avoid injuring other motorists, as well as their passengers and pedestrians. If a driver fails to operate their motor vehicle in a reasonably safe manner and injures another as a direct result, they can be liable for that person’s injuries stemming from the accident. Some of the most common causes of negligent driving include the following:

· Rear end accidents;

· Failing to observe pedestrians;

· Failing to maintain a safe distance between vehicles;

· Failing to stop at traffic devices, such as stop signs and traffic lights; and

· Failing to yield the right of way.

Please be mindful that even though another motorist may have been responsible for causing the accident, you also have a duty to take care for yourself. The negligent motorist has the ability to seek a reduction of available damages by asserting the injured party was comparatively negligent for causing his/her injuries. In motorcycle cases, the most common assertion of comparative negligence includes the following:

· Failing to wear a helmet;

· Failing to drive at a reasonable speed;

· Failing to keep a proper lookout; and

· Failing to maintain control of the motorcycle.

Our attorneys have litigated numerous prior cases involving motorcycle victims who have been injured through the negligence of other motorists. If you or a loved one have been injured as the direct result of negligence of another motorist, please contact us, your Tampa Personal Injury Attorneys.

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