New Port Richey Motorcycle Accident Lawyer

A Brief Summary of the Following Page

  • Liability: Establishing liability in a New Port Richey motorcycle accident involves proving duty of care, breach of duty, causation, and damages to show negligence.
  • Economic and Non-Economic Damages: Florida's contributory negligence rule affects compensation, with victims eligible for economic damages (like medical bills) and non-economic damages (like pain and suffering).
  • Next Steps: After a motorcycle accident, it's crucial to seek medical help, follow legal recommendations, avoid public discussions about the case, and manage documentation and reports carefully.
  • Further Support: At McPherson & Thomas, P.A., we offer comprehensive legal assistance, including gathering evidence, proving negligence, and negotiating settlements, ensuring clients get proper compensation and support.
  • Start your journey to recovery today. Fill out our contact form or call our New Port Richey office at (727) 761-8756 to discuss your case with an experienced attorney.

Florida’s long, open highways make for scenic and uninterrupted motorcycle rides. New Port Richey roads offer a fantastic view of the city and the beach. However, as you cruise along the Gulf of Mexico and enjoy the sunset, it’s important to be cautious of other drivers. Motorcyclists are unfortunately at high risk of serious accidents at a rate much higher than other drivers on the road. 

If you have been injured in a motorcycle accident due to another driver’s negligent or reckless behavior, the first step in the process is to speak with a dedicated New Port Richey motorcycle accident lawyer. An attorney from McPherson & Thomas, P.A. can provide invaluable support during your time of need. We can immediately begin reviewing your case and investigating the exact circumstances surrounding the accident. By filing a claim against the negligent party, you will likely receive the compensation you need to resume a healthy and productive life.

How Do You Establish Liability for a New Port Richey Motorcycle Accident?

Liability for a motorcycle accident is established through the four basic components of negligence. We can break down each of these aspects so they are easy to understand and tackle. 

Duty of Care

For a motorcycle accident, the owed standard of care is the expectation that everyone on the road provides one another with a safe environment. Drivers must follow traffic laws and avoid driving intoxicated or distracted. Following these expectations makes everyone far more likely to experience a safe and efficient driving or cycling experience. 

Breach of Duty of Care

By speeding, failing to yield, or violating other road rules, a driver is directly breaching their duty of care. This is a breach of duty of care, also known as negligence, because the risk of injury has increased.

Causation 

When this breach causes an accident and injuries to other drivers, the negligent driver is liable for the accident and the incurred harm. Just because someone breaks the duty of care does not mean others will get hurt; the inverse is also not inherently true. 

You must be able to connect another person’s negligence to your injuries and losses. Typically, you can prove causation by seeking medical attention as soon as possible after the accident. Medical bills and other paperwork with a timestamp close to the accident will generally be sufficient.

Economic Damages

You must demonstrate that you face economic damages due to the incident to receive compensation for your losses. Once you establish these monetary losses, you can also receive compensation for your non-economic losses.

Contact our New Port Richey motorcycle accident lawyers to schedule a free and confidential consultation. We are here to fight for your rights and ensure you get the legal proper help. 

Who Is Responsible for Injuries in a Motorcycle Accident?

Many parties might be liable for your losses depending on the circumstances surrounding your accident and the injuries you have received. All of the following parties should be considered before you file a claim:

  • Another driver or motorcyclist
  • Employer or employee of the premises
  • Owner or renter of the property
  • City or state government entity
  • Vehicle, equipment, or parts manufacturers
  • Pedestrians
  • Passengers in other vehicles
  • Maintenance employees

In some cases, more than one party is liable for losses and injuries. This may mean you need to take legal action against multiple individuals. We encourage you to work with an attorney, such as one from McPherson & Thomas, P.A., for assistance in identifying liable parties, finding evidence, and holding individuals accountable for their actions.

Recovering Compensation for a Motorcycle Accident in New Port Richey, Florida

Once liability has been established, you are able to file a claim for damages. Florida operates under modified contributory negligence. This means that if the plaintiff is found to be greater than 50 percent at fault for an accident, they will not be able to recover any compensation. Victims of motorcycle accidents are eligible for both economic and non-economic damages. 

What Are Economic Damages?

Economic damages include quantifiable losses such as medical bills, motorcycle repair costs, rehabilitative therapy, prescription medications, and lost wages from missed work, both past and future. 

What Are Non-Economic Damages?

Non-economic damages are the losses not so easily measured, such as loss of enjoyment of life, loss of consortium, suffering, anxiety, and PTSD. Although it may be difficult to assign a monetary value to these losses, your New Port Richey motorcycle accident attorney will guide you through the process and help determine appropriate compensation.

What Steps Should You Take After Your Motorcycle Accident?

Following an accident resulting in injuries, including motorcycle crashes, you may not know what steps to take next. We have a few recommendations for your strategies and next steps, including the following:

  • Seek medical attention as soon as possible.
  • Follow your medical team’s suggestions for healing and care, including taking time off work, getting tests and assessments, and receiving surgeries and procedures
  • Avoid discussing your legal matters with others, including friends or family; we recommend you only speak with a qualified attorney
  • Stay offline and deactivate any social media accounts
  • Be careful when communicating with insurance companies and other parties; only provide the minimum required information
  • File any necessary reports, including to the police and the DMV
  • Refrain from accepting settlements without support from a lawyer
  • Retain legal support from a qualified motorcycle accident attorney
  • Follow your New Port Richey motorcycle accident lawyer’s personalized recommendations for the next steps

When you work with a qualified and experienced attorney, such as one from McPherson & Thomas, P.A., you can receive tailored guidance and support based on your needs and circumstances. We can also help you understand why some of these steps are so essential to the success of your claim.

How a Motorcycle Accident Attorney in New Port Richey, FL Can Help

It’s possible to navigate the aftermath of a motorcycle accident on your own. It will likely result in stress and a small settlement that cannot properly cover your incurred expenses. When you hire a motorcycle accident lawyer, you are hiring someone to help in many invaluable ways.

Gathering Evidence

To prove negligence and demonstrate the course of action the liable party took to result in your injuries, you will need evidence. While you focus on recovery, your personal injury lawyer in New Port Richey, FL can begin a proper investigation and begin to gather evidence. Necessary tools can include traffic camera footage, eyewitness testimony, expert opinions, video or photographic evidence, police reports, and medical reports. 

File All Documents

One of the biggest and most time-consuming parts of a personal injury claim is the paperwork. Ensuring you have completed all necessary documentation is the first step in the entire process. This is especially important if you are navigating a case where a government agency is liable for your motorcycle accident. In situations like that, you must file a physical letter of intent to notify the agency of your plans to file a claim. 

Having a professional with years of experience with filing ensures all your ducks are in a row and that everything passes along smoothly. 

Prove Negligence

Using the gathered evidence, your attorney will demonstrate the liable party was reckless and negligent in their behavior. This is the basis for receiving damages for your incurred injuries, bills, and stress. 

When your personal injury attorney in New Port Richey can prove the other party's negligence in relation to your damages, a settlement may be awarded.

Additional Ways an Attorney Can Help

A New Port Richey motorcycle accident lawyer can help you during your legal matters in several additional ways. When you work with an attorney from McPherson & Thomas, P.A., we can assist you in the following ways:

  • Conduct an independent investigation into the accident
  • Negotiate with each involved party to recover complete compensation
  • Review your losses to determine the full value of your case
  • Communicate on your behalf with the other parties
  • Organize your evidence, including medical records and bills
  • Work with your medical team to obtain any missing medical records
  • Organize and analyze the evidence to prove liability
  • Access methods and tools only available to legal professionals
  • Faster filing and delivery of documents from law enforcement, doctors, and other relevant officials
  • An understanding of the legal system and how to navigate all processes with confidence

We encourage you to refrain from representing yourself during these legal matters, especially if you are healing from injuries. Self-representation frequently results in reduced compensation for victims, which we know is unfair. But when you work with a qualified attorney – such as one from McPherson & Thomas, P.A. – you are more likely to spend less time in litigation, face reduced stress, and receive complete compensation for your losses. 

Please contact an attorney from McPherson & Thomas, P.A., as soon as possible, as this will help boost your odds of positive results. The more time we can dedicate to your case, the more opportunity we will have to collect evidence, understand your particular needs, and build robust arguments supporting your claim. We offer free and confidential consultations and work on contingency, so you only pay for our services when you win your case.  

Contact a New Port Richey Motorcycle Accident Attorney Today

McPherson & Thomas, P.A. is here to do the hard part while you focus on healing and recovering with friends and family. Using our decades of experience in the personal injury field, we will immediately begin building a case against the liable party immediately. We know that sometimes compensation is the stepping stone you need to get your life back on track, and that’s why we fight so hard. Our firm, founded and led by the talented and dedicated Attorney Scott McPherson, is committed to obtaining outstanding results for victims in need.

We don’t see a single penny unless you win. Additionally, if you find you are unhappy or unsatisfied with our services within the first 60 days, we will happily send all of our findings over to a new lawyer, no questions asked. Our personal injury attorneys in New Port Richey are confident to get you the results you are looking for. Start your journey to recovery today. Fill out our contact form or call our New Port Richey office at (727) 761-8756 to discuss your case with an experienced attorney.

Frequently Asked Questions

https://suncoastlaw.com/wp-content/uploads/2019/08/cropped-mcpherson-logo-new-signature-logo.jpg

LEGALLY REVIEWED BY

Expert Legal Team at The McPherson and Thomas Law Firm

June 21, 2024

The expert legal team at McPherson and Thomas have over 35 combine years of extensive legal counseling in Florida.

✓ Fact Checked