Do You Have to Go to Court for a Motorcycle Accident?
Riding a motorcycle can be a lot of fun, but it can also be dangerous. This is especially true in states like Florida, which is ranked as the most dangerous in the country for motorcycle riders.
If you are involved in a motorcycle accident in Florida, it is important to know about your legal options. You may need to go to court to seek damages from the other driver involved in the crash.
When motorcycle riders get into a traffic accident, their lives may be in danger. However, you wouldn’t be required to go to court for a motorcycle accident unless it was malicious or grossly negligent.
In most cases, your lawyer should seek a settlement outside of the court system on your behalf. Not only does this help you get compensated sooner, but it also is preferred by all parties.
One Jacksonville motorcycle accident lawyer was extremely helpful in answering some of the most common questions related to this case. Keep reading if you want to learn more.
Is It Common To Go To Court For A Motorcycle Accident?
Motorcycle accidents are often far more devastating than car accidents.
Even so, it is not common for a motorcycle rider to go to court after an accident.
In most circumstances, if a motorcyclist is injured, they would seek a settlement outside of court.
The court administration will require them to attend a pre-mediation session to negotiate fair compensation.
If the pre-mediation session doesn’t result in a solution, then a trial date would be set.
In most cases, the accident victim’s attorney would estimate their damages and negotiate compensation with the at-fault party for a resolution.
Reasons To Go To Court For A Motorcycle Accident
In some circumstances, the court is necessary if the other driver was grossly negligent or involved in criminal activity. Examples include the following:
Punitive Damages
When the defendant exhibited gross negligence, this means that their behavior was reckless and irresponsible.
For example, if two drivers were street racing and you collided with them, they can be charged with punitive damages.
Additionally, punitive damages can be awarded if the defendant was involved in intentional misconduct.
For example, an angry driver may be upset that a motorcyclist is driving too slowly. If they tailgate a motorcyclist and bump the back of their bike, causing an accident, this could be punished as intentional misconduct.
Punitive damages can only be awarded in court and are a punishment for negligent behavior.
Intoxicated Driving
Driving while intoxicated is illegal. This involves either being drunk with a BAC level over 0.08% or using drugs.
If the other driver took a drug test and there was enough alcohol or drugs in their system, they will be subject to criminal charges.
If a driver causes injuries due to drugs or alcohol, they will be required to appear in court.
Hit And Run
Hit-and-run accidents happen when a driver hits another vehicle and leaves the scene.
Because hit-and-run accidents are illegal, the driver can be criminally charged. Police will track down hit-and-run drivers, and once found, they could be punished in court with fines and jail time.
They can be charged with a second-degree misdemeanor for property damage, a third-degree felony for minor injuries, and a second-degree felony for serious injuries.
What If My Case Falls Into Any Of The Above Categories?
Most motor vehicle accidents don’t require anyone to go to court because the issue can be resolved more easily outside of court.
If you or the other driver has done something illegal, you may have to go to court.
When the other party is at fault, your attorney will represent you in court so that you can get compensated.
Get the guidance you need from an attorney who can represent your motorcycle accident case in the best light.
If you need help filing a personal injury claim, speak to attorneys before attempting to file a lawsuit on your own.
They can help you avoid common errors, so contact a motorcycle accident attorney to learn how your settlement claim should be handled.