Ocala Motorcycle Accidents
Ocala is a city located in Northern Florida. As of the 2013 census, its population, estimated by the United States Census Bureau, was 57,468, making it the 45th most populated city in Florida. It is the seat of Marion County and the principal city of the Ocala, Florida Metropolitan Statistical Area, which had an estimated 2013 population of 337,362.
In the last decades of the twentieth century, the greater Ocala area had one of the highest growth rates in the country for a city its size. The population of Marion County in 2000 was more than 250,000, up from under 100,000 in 1975.
MOTORCYCLE ACCIDENTS IN OCALA
NHTSA estimates that helmets saved the lives of 1,699 motorcyclists in 2012. If all motorcyclists had worn helmets, an additional 781 lives could have been saved. Helmets are estimated to be 37-percent effective in preventing fatal injuries to motorcycle riders and 41 percent for motorcycle passengers. In other words, for every 100 motorcycle riders killed in crashes while not wearing helmets, 37 of them could have been saved had all 100 worn helmets. Choosing not to wear a helmet could, in fact, be fatal.
If a motorcyclist is killed in an accident as a result of someone else's negligence or recklessness, the motorcyclist's loved ones can bring a wrongful death lawsuit to recover for those losses that are compensable. Compensable losses in a wrongful death case under Florida law include medical expenses, lost wages, funeral expenses, pain and suffering, lost support, loss of services, future estate, and companionship. In 1972, the survival action for personal injuries and wrongful death actions were merged to allow a single lawsuit to be brought for purposes of recovering damages. If a negligence action is brought by a motorcyclist who then dies due to the severity of their injuries, a personal representative of their estate can be added as a party to the original lawsuit.
PROTECT YOUR RIGHTS AFTER A FLORIDA MOTORCYCLE ACCIDENT
If you're involved in an motorcycle accident and filed an insurance claim or personal injury lawsuit, you're probably curious as to how much your case might be worth. This often varies with all the factors in any given motorcycle accident. First, in order to show negligence by a defendant driver and recover compensation, an injured motorcyclist must be able to prove the following: (1) the driver owed the motorcyclist a duty of care, (2) the driver breached that duty, (3) actual and proximate causation, and (4) that there are damages or injuries resulting from the breach.
Some personal injury damages, like medical bills and lost wages, are easier to predict because "concrete" costs like these will mostly be based on the amount the plaintiff demonstrates he or she has paid or lost and/or will continue to pay or lose. For subjective, less concrete damages like "pain and suffering," predictions are at best an educated guess based on awards in similar motorcycle accident cases in the past. Because every case and every jury is different, even the best analysis will still only predict pain and suffering damages within a broad range.
Our attorneys Michael E. Dean and Timothy S. Dean were born and raised in Ocala and have decades of combined experience in personal injury and related law. They have handled auto accident claims involving nearly every type of serious injury from broken bones to wrongful death. To speak with one of our experienced Ocala motorcycle accident lawyers, call 352-387-8700, or contact us through our online form for your free initial consultation. We serve clients in a number of Central Florida communities, including Ocala, The Villages and Crystal River. We handle most personal injury cases on a contingency fee basis, so you pay no attorney fees to us unless we recover for you.