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When the Bike Hits the Pavement

BY Tony Francis | 04-28-2009 | 2:42 PM
This blog is written by a member of our blogging community and expresses that member's views alone.
The problem lies in determining who is at fault for the injuries of the survivor or the wrongful death of the biker.

Everyone knows that when a motorcycle hits the pavement there will
be serious injuries or a death. The problem lies in determining who is
at fault for the injuries of the survivor or the wrongful death of the
biker.

Every day there are motorcycle accidents, and every day bikers
either come out of a crash alive, but seriously injured, or lose their
lives on the road. It's a well-known myth that motorcyclists are
reckless drivers with no regard for the rules of the road or other
vehicles. "The fact of the matter is that it is negligent car drivers
who are the cause for most bike crashes," indicated Tony Francis of the
Francis Law Firm in Orlando, Florida.

An injured biker may file a claim for injuries, pain, damages, loss
of income, etc. so long as they are able to show that the defendant was
negligent and responsible for the accident. If this accident took place
in a state that apportions liability, there may be a different outcome
relating to damages if the judge assesses negligence on the part of
both parties in the accident.

At all times, anyone involved in a motorbike crash must be acutely
aware of the statute of limitations in their respective state. A
competent motorcycle crash attorney, such as Tony Francis of the
Francis Law Firm in Orlando, Florida, will be able to offer solid
advice on how to proceed with a claim. "If the lawsuit is a claim for
injuries due to negligence, compensation may be sought for medical
bills, loss of earning potential, partial or permanent disability,
property damage and psychological suffering," outlined Francis.

Wrongful death lawsuits are similar in some respects to lawsuits for
damages, in that wrongful death suits may seek reimbursement for
medical expenses, funeral and burial costs, the pain of the deceased,
financial compensation for the heirs, as well as loss of companionship,
society and love. "The crucial element in a wrongful death lawsuit is
that the accident must have been caused by someone else who acted
negligently," said Francis.

The negligence may not necessarily be due to an impact with another
vehicle; it may also have something to do with the bike manufacturer
making a defective product or a parts manufacturer selling a defective
part. "Aftermarket parts with performance problems have also been the
cause of some motorbike crashes," added Francis.

Keep in mind that there are various laws in each jurisdiction
depending on the circumstances of the accident. Also, the cause of the
accident will dictate the type of wrongful death case e.g. product
liability. It is imperative if a loved one has been involved in a
motorbike crash, that the family immediately consult a motorcycle
attorney without delay.

To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.