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With Motorcycle Accidents, Personal Injury Cases Could Carry Extra Weight

Posted by Fred Koberlein, Jr. | May 09, 2016 | 0 Comments

Motocycle

Someone who has been the victim of a motorcycle accident should consider the unique circumstances of their case compared to an average motorist when determining whether or not to file a lawsuit. While every case's facts and the circumstances surrounding it will vary, there is potential with personal injuries resulting from motorcycle accidents to add strength to cases under certain scenarios.

To understand how these factors could come into play, consider the case of Heather:

Heather: Biking Enthusiast and Motorcycle Accident Personal Injury Victim

Heather is a sous chef at a prestigious hotel and also a motorcycle enthusiast. She often rides her sport bike to and from work as her only mode of transportation.

One night, Heather leaves work and drives home along a busy main street. While travelling around 55 miles an hour, Heather approaches an intersection. Across the intersection from Heather is another driver, David, who is trying to turn left but has not yet since he is expected to yield to oncoming traffic, but David decides he is a rush, so he turns anyways.

While David may have thought he had enough time to turn before Heather reached him, this was not the case. Heather performs an emergency stop, braking hard before her bike lays flat and she rolls on the asphalt. She is brought to the hospital where she is treated for a broken collarbone, a broken ulna and other severe trauma. David makes a statement to police at the scene saying he saw Heather's headlight but had trouble gauging the distance between her and the intersection. The police give David a ticket for failure to yield.

Because Heather technically did not collide directly with David's vehicle, his insurance attempts to argue that there was no collision that he was liable for. Heather decides to sue for personal injury and additional damages.

Why Heather's Motorcycle Matters

In this instance, Heather could potentially heighten the gravity of her claims against David by alleging gross negligence. David claimed he had seen Heather's motorcycle yet decided to turn in front of her anyways. David has a duty of care to abide by traffic rules in order to lessen the chances of injuring someone. David also understands that his actions had a high risk of resulting in serious injuries such as nerve damage, concussions or internal trauma.

The results of Heather's case will depend on the circumstances of her trial, the skill of her personal injury attorney and the responses David's attorney brings. Yet, the fact that she is more vulnerable as a motorcyclist still increases the gravity of David's decision to not yield.

If you have been in a similar situation to Heather or are the family member of someone who has been in a severe at-fault motorcycle accident, we suggest you find a Florida personal injury attorney experienced with handling motorcycle accident personal injury claims. Koberlein Law Offices are here for you in Gainesville and Lake City, Florida to take your unique situation into account and argue the facts to the best of our ability. Contact us now.

About the Author

Fred Koberlein, Jr.

Fred Koberlein is a trial attorney who opened Koberlein Law Offices after acquiring extensive legal experience in three legal practice areas, which are: personal injury law; criminal defense; and local government matters which require you to appear or present your matter before your local government Boards, government Councils, and government Agencies. Mr. Koberlein began trial preparation through an externship as a legal clerk with the Judges of the Third Judicial Circuit for Florida prior to his graduation from the University of Florida, College of Law.  After law school Mr. Koberlein was dedicated to becoming a trial attorney and worked with the Public Defender's Office from 2004 to 2007, where he was promoted to handling felony cases within eight months of hire.  Mr.  Koberlein has handled over 1500 criminal cases ranging from possession of cannabis, DUI, serious felonies, white-collar crimes, violations of probation hearings, and countless motion hearings. Mr.  Koberlein began practicing in the areas of personal injury and insurance defense during 2006.  Mr. Koberlein's experience in prosecuting personal injury claims against those insurance companies he was not representing and defending other insurance companies and their customers provided a unique experience where he was able to learn what each side anticipates from the opposing party.Next, Mr. Koberlein was hired by a City to defend the City's interests and three additional Cities quickly followed and retained Mr. Koberlein to protect their interests.  Currently, Mr. Koberlein represents a total of four (4) municipalities in the North Florida area.  As Mr. Koberlein focused on civil litigation he remained passionate about representing individuals charged with misdemeanor and felony crimes as well as civil litigation issues. Mr.  Koberlein has the experience and reputation to negotiate a favorable resolution in your matter, and if that is not possible, to provide the best, most zealous trial representation available.  Utilizing competent and trusted investigators and experts, your case will be prepared so that the best result will be achieved.  If you or a loved one is hurt, damaged, or is facing criminal charges, you want a qualified, hard-working attorney who will explain your options to you in a straightforward, commonsense, and honest manner. Education and Practice Experience: University of Florida; Gainesville, Florida; Bachelor of Science, 1997 University of South Florida; Tampa, Florida; 1998 University of Florida, College of Law; Gainesville, Florida; 2003 Bar and Court Admissions: Florida Bar, 2004 – Present All 67 Counties in Florida All 20 Circuits in Florida U.S. District Court, Middle District of Florida U.S. District Court, Northern District of Florida Professional and Civic Activities: Florida Bar Trial Lawyers, 2007 – Present Florida Bar Business Law Section, 2007 – Present Florida Bar Criminal Law Section, 2004 – Present Florida Association of Criminal Defense Lawyers, 2004 – Present Third Judicial Bar Association, 2004 – Present Mr.  Koberlein is committed to his clients and devotes himself to protecting their interests from the beginning to the end of their case.  Mr. Koberlein has spent his career helping clients defend themselves against criminal charges, fight insurance companies, and proceed through the bureaucratic process of local governments.  Mr. Koberlein welcomes the opportunity to meet with you and evaluate your legal needs and provide you with an experienced and competent analysis.

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