Motorcycle Accident Attorney in Tampa
Motorcycle Accidents, Personal Injury Claims & Compensation
Motorcycle riders are some of the most vulnerable people on the road. They have very little protection beyond a helmet and other riding gear, and riders are often unseen by other motorists. If you’ve been in a motorcycle accident in Tampa, you may be dealing with serious injuries, a mountain of medical bills, an inability to work, and much more. If you’re injured in this type of wreck, you have legal options.
At Darrigo, Diaz & Jimenez, our Tampa motorcycle accident lawyers have the skills, knowledge, and experience to help you get the compensation you deserve. We can file a personal injury lawsuit on your behalf against the at-fault party to hold them accountable for your injuries. Give us a call today at (813) 774-3341 or contact us online for a free, no-obligation consultation today.
Have questions about your rights? Call (813) 774-3341 for a FREE consultation!
Why Choose Darrigo, Diaz & Jimenez?
- We’ve recovered millions of dollars in compensation for clients.
- Award-winning motorcycle accident lawyers in Tampa with more than 75 years of combined experience.
- Senior Partner Nadine Diaz is Board Certified in Civil Trial Law by the Florida Bar.
- 24/7 Availability & FREE consultations.
Our team works on a contingency fee basis, which means there are no fees associated with hiring our firm and that we only recover a fee when we are successful with your claim. We know victims and families experience tremendous burdens in the wake of accidents, and we strive to make their legal journeys as smooth, swift, and successful as possible.
Recovering Damages After a Motorcycle Accident in Tampa
After a motorcycle accident, there are a variety of damages you may be entitled to. These damages are typically divided into two different categories: economic and noneconomic. Economic damages pertain to the real money you lost as a result of the accident. This can include medical bills, property damage, lost wages, out-of-pocket expenses, and more.
Noneconomic damages cover more intangible losses you suffered. These can include pain and suffering, mental anguish, permanent disability, and more. Because many of the damages that are considered noneconomic are harder to prove, our experienced motorcycle accident attorneys will employ the help of doctors, psychologists and other experts to prove you deserve compensation.
In rare instances, punitive damages may also be assessed. These damages are intended to punish the defendant and are only assessed if said defendant acted with “intentional misconduct” or “gross negligence.” These are high standards, and therefore punitive damages are rarely assessed. However, when they are, they are limited to three times the amount of compensatory damages or $500,000, whichever is greater.
Why Do Motorcycle Accidents Happen in Tampa?
While motorcycle accidents can happen because of an error the rider made, they most often happen because other drivers make a mistake — or, in rare instances, drivers intentionally try to hurt motorcyclists. Drivers may get aggravated that bikers can move so easily through traffic, or just have a personal gripe with motorcyclists in general. However, collisions intentionally caused by drivers are rare.
Instead, accidents caused by other drivers are often caused by the driver not realizing the motorcycle is there. They may change lanes in front of a biker or sideswipe a motorcycle. Or, they could pull out in front of a motorcycle onto a highway. In some cases, motorcycle wrecks are caused by drunk drivers. In uncommon and tragic situations, the behaviors of other drivers can cause a fatal motorcycle accident in Tampa.
Sometimes the actions of the motorcyclist do cause the accident. But even in these cases, you may still be entitled to compensation. Florida follows a comparative negligence law. This means that even if you are partially at fault for the accident, you can still seek compensation. However, the amount of compensation you receive will be reduced by the percentage at which you are at fault.
Proving Negligence After a Motorcycle Accident in Tampa
In order to seek compensation, you have to prove that the other driver either caused the collision intentionally, or that they acted negligently. Negligence is a legal term that applies when someone acts in a way that a “reasonable person” wouldn’t, and therefore causes injury. There are a lot of nuances within this legal theory, but negligence is often shown by proving four general criteria:
- Duty of care: Every driver on the road has a duty of care to take all reasonable steps to not cause a collision. This includes following all traffic laws and, in general, driving safely.
- Breach of duty of care: If a driver causes a wreck because they didn’t take all reasonable steps to avoid it, they are said to have breached their duty of care. However, if the accident was caused by an unforeseeable incident, the other driver may not be at fault.
- Causation: Your injuries must have been directly caused by the wreck. For incident, if you have an existing arm injury, and it isn’t worsened by the wreck, you can’t claim compensation for that injury.
- Real damages: Finally, you must have suffered real, compensable damages. This is generally easy to prove. Medical bills, property damage or lost wages all show real, compensable damages.
Again, you can still recover compensation, even if you are partially at fault for the wreck. But in order to seek compensation at all, you must prove that these elements are true (or that the other driver caused the collision intentionally). A motorcycle lawyer in Tampa can help prove these elements and build a strong case on your behalf.
Speak to a Tampa Motorcycle Accident Lawyer Today
If you or a loved one was injured or killed in a motorcycle accident in Tampa, you have legal options. At Darrigo, Diaz & Jimenez, our experienced lawyers know what it takes to get you the compensation you deserve. We will try to settle your case out of court so you get your money faster. However, if the insurance company refuses to offer a fair settlement, we’re not afraid to take your case to court.
You deserve to have someone in your corner who is fighting for your rights. Call a Tampa motorcycle accident lawyer today at (813) 774-3341 or contact us online for a free, no-obligation consultation today.