Broadside accidents occur when the front of one vehicle strikes the side of another. These are sometimes referred to as T-bone collisions because the vehicles make a T-like shape on impact. Many broadside crashes occur at intersections, which is where motorists may fail to yield the right of way or stop when required to do so. At Frankl & Kominsky, we proudly represent victims of these serious collisions. Our motorcycle crash lawyers offer seasoned counseling and advocacy to riders throughout Palm Beach County. If you were struck broadside by another vehicle, we can help you seek compensation for your injuries.Motorcyclists Suffer Traumatic Harm in Broadside Collisions
Motorcycle riders are likely to suffer more severe injuries than car drivers when they are involved in a broadside collision. This is because motorcycles lack any structural protection. A broadside crash can knock a rider off the vehicle and into traffic. A victim can suffer devastating injuries, including fractures or damage to the spinal cord or brain.
Florida requires motorists to have a minimum of $10,000 in personal injury protection coverage and $10,000 in property damage liability coverage. These amounts, however, are often not enough to cover the physical and economic costs of catastrophic broadside collision injuries.Hold Negligent Drivers Accountable
Broadside accidents are often the result of carelessness by individual motorists. You can hold a driver liable if you can prove that the collision was caused by his or her negligence. This means that, as the victim, you must prove the driver had a legal duty to act with reasonable care, that he or she breached this duty, and that the driver’s careless actions caused you to suffer injuries and incur actual damages.
Everyone in West Palm Beach, including drivers and motorcyclists, must exercise care on the road. The proper level of care is that which a reasonably prudent driver would use under the same circumstances. Many broadside collisions are caused by a motorist’s failure to exercise reasonable care. For example, a driver might breach the duty of care if he or she fails to yield the right of way or is too distracted to notice a stop sign. You then have to show that the breach actually and proximately caused your injuries. This means that you would not have been hurt if the driver had not acted carelessly, and that your harm was a reasonably foreseeable result of the driver’s breach.Available Compensation After a Crash
A driver in a motorcycle accident sometimes will blame a motorcyclist for causing the collision. Negligence on your part, however, will not prevent you from recovering damages. You can still potentially get compensation for your injuries even if you were mostly at fault for a broadside accident. Florida applies the pure comparative fault rule to injury cases, allowing a person to recover damages regardless of how much his or her negligence contributed to the crash. A court will determine each party’s percentage of fault. Your recovery will then be reduced by your degree of fault. For example, if you were 60 percent negligent, and the other driver was 40 percent negligent, you can still recover 40 percent of your damages from the driver.
If you are successful in your negligence claim, you may seek compensation for your medical expenses, lost income, property damage, pain and suffering, and more. Florida limits the time you have to file your claim. You have to initiate your lawsuit within four years from the date the crash occurred, or you may lose your right to seek damages.Protect Your Rights by Consulting Experienced Accident Lawyers in West Palm Beach
Based in West Palm Beach, the motorcycle accident attorneys attorneys at Frankl & Kominsky can help you seek damages for your broadside collision injuries. We can assess your case, discuss your rights with you, and pursue your claim for compensation if you decide to proceed with a lawsuit. We will work toward getting a fair settlement and can assert your rights in the courtroom when necessary. We serve victims in Boca Raton, Lake Worth, and Delray Beach, among other Palm Beach County cities. Call us today at (855) 800-8000 or complete our online form to schedule a free consultation. We speak Spanish and Creole.