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What is 'negligence' in a Florida motorcycle accident?

The weather in Florida lends itself to certain activities, one of which is motorcycle riding. Whether as a hobby or a mode of transportation or both, motorcyclists are a common sight on Florida roads. Unfortunately, not all other motorists are on the lookout for them, however, and motorcycles' small size can exacerbate that problem. When other drivers are not as careful as they should be, such as failing to yield when a motorcycle has the right of way, and an accident occurs, it may be that negligence has occurred.

'Negligence' is a legal term that basically means that a person has done something he or she shouldn't have, or not done something he or she should have, even if there was no intent to behave badly. In most motorcycle accidents, neither party wanted the accident to occur, and may have even tried to avoid it. However, it is still possible that one, or both of the parties negligently caused the crash.

We may go over the elements of a legal negligence case in more detail in future posts, but we will start with a brief summary. For negligence to have occurred, a party has to have had a duty to another party in the case, must have breached that duty, and the breach must have caused some injury to the other party. Causation in these types of cases is usually broken up into two sections: whether the breach of duty did in fact cause the injury, and whether it was foreseeable that such a breach would cause the type of injury that occurred.

Because of motorcycles' small size and weight compared to other vehicles on the road, as well as the lack of many safety features used in other vehicles, motorcycle accidents can be catastrophic to motorcyclists and their families. The types of injuries involved are often very serious, requiring lengthy hospital stays, large medical expenditures and much time in rehabilitation. This doesn't even get into potential loss of income from missed work. Those injured by another's negligence may wish to consider protecting their legal rights after an accident.

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