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Motorcycle Accident Lawyer
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Florida insurance regulations and dishonest insurance carriers can complicate the process of recovering compensation for injured motorcyclists. Therefore, it is important for injured riders, or loved ones acting on their behalf, to retain an attorney who has experience handling these types of claims. The attorneys in our Orlando office have a successful history of handling claims against insurance companies, and for one Florida resident, recovered a $47,500,000 verdict for injuries sustained in a head-on collision. While each case is different and damages will vary, our attorneys are committed to helping motorcyclists in Florida recover compensation for their losses, which may include medical bills and property damage.
If you have been involved in a motorcycle accident in Florida, you may have legal recourse. To learn more about how the attorneys in our Orlando office may be able to help, please fill out our no cost case review form today.
Why Should I Contact an Orlando Motorcycle Accident Lawyer?
It may be difficult for injured riders to recover compensation following a crash, especially if they are pursuing their claim without the assistance of an attorney. Because Florida’s Personal Injury Insurance Protection (PIP) is only required for vehicles with four or more wheels, motorcyclists are not permitted to carry PIP coverage. Even if the motorcyclist owns a car which is covered by PIP insurance, the coverage does not extend to accidents which occur on the motorcycle. If the motorcyclist is uninsured, they may struggle to pay for costly medical bills, especially if the injury prevents them from working.
If you were injured in a crash, an attorney can explain your options for pursuing compensation for medical bills and other losses. If you contact an attorney immediately after the accident, he or she can begin to collect information and evidence to support your claim for compensation. To help build your claim, your attorney may:
- Collect scene and police reports;
- Gather witness statements;
- Photograph the scene;
- Investigate the other motorist’s driving history;
- Reconstruct the accident scene;
- Recreate the accident;
- Review medical records;
- Consult experts; and
- Contact insurance companies on your behalf.
Why Morgan & Morgan?
At Morgan and Morgan, the motorcycle accident attorneys in our Orlando office are familiar with Florida laws governing motorcycles—which differ significantly from those pertaining to car accidents—and have extensive experience dealing with insurance companies. We have access to the top experts, including accident reconstructionists and medical experts. By working with these individuals, our attorneys have established a successful track record of results in recovering compensation for injured motorcyclists, including a $6.5 million motorcycle accident verdict which was one of the largest in the history of Hendry County, Florida.
Motorcycle Accident Injury Claims
If the motorcyclist was not at-fault, they may be able to seek damages from the party negligent in causing the crash. While motorcyclists are not covered by PIP insurance, they are also not bound by its restrictions. Injured riders are not limited in the damages they may seek to compensate for their losses, including damages for pain and suffering. Motor vehicle accident claims involve PIP insurance—which requires the injured party to pass an “injury threshold” to be able to pursue compensation from the negligent party—and do not allow for the recovery of pain and suffering damages. Motorcyclists do not have to pass an injury threshold to seek compensation for damages, which may include medical costs, lost wages, and pain and suffering.
Insurance Negotiations
After an accident, your attorney may contact the negligent party’s insurance company to negotiate a settlement for costs incurred as a result of the accident. He or she will leverage information collected to recover compensation for your expenses. If negotiations with insurance companies are unsuccessful or unsatisfactory, you may be able to pursue legal action against the negligent party with the help of your attorney.
Negligence
Most motorcycle accident lawsuits will be based on negligence, or the other driver’s failure to exercise a reasonable standard of care. The initial investigation by your attorney will help to prove that the other party acted negligently, failed to follow traffic laws, or failed to pay attention to their surroundings. To prevail in a negligence lawsuit, your attorney must show the defendant did not exercise this standard of care; this breach caused the accident; and the accident caused the motorcyclist’s injuries. Potential defendants could include negligent drivers, reckless drivers, drivers under the influence, or bus companies.
Product Liability
If a defect in the motorcycle or one of its components contributed to the accident, the motorcyclist may have a product liability claim against the manufacturer. In some instances, the manufacturer will be liable, regardless of negligence, for injuries sustained as a result of faulty design, manufacturing, or labeling. In other situations, the plaintiff must prove that the defect occurred during the manufacturing process and contributed to their injury. In most cases, expert testimony and analysis will be required to determine whether the defect manifested during the manufacturing process or after the vehicle was purchased. If the defect manifested in the manufacturing process, the company may be liable.In these cases, your attorney must prove:
- The defective motorcycle or part was “unreasonably dangerous”;
- The motorcycle was being operated as intended;
- The motorcycle’s performance had not changed since its initial purchase.
Some product liability claims against manufacturers have been based on defective tires, brakes, accelerators, and defective fuel systems.
Wrongful Death
If you have lost a loved one in a motorcycle accident, you may have recourse to recover compensation through a wrongful death lawsuit. An attorney can help the family of the deceased prove the negligence of the other driver was the cause of the victim’s death.
What Compensation Can Be Recovered?
In negotiations or litigation against an insurance company or negligent party, the attorneys in our Orlando office may be able to help you recover compensation for the following:
Past and Future Medical Expenses: This may include fees for emergency room visits, hospital care, surgery, assistive devices and appointments with approved medical professionals.
Lost Wages: Injured motorcycle accident victims may be able to recover compensation for wages they would have earned had the accident not occurred. If the injured victim was unemployed at the time of the accident, they may be awarded lost wages if their attorney can demonstrate earning potential during this time period.
Pain and Suffering: Since motorcyclists are not bound by PIP regulations, they are permitted to seek pain and suffering without proving their injury is permanent. This includes compensation for the physical pain suffered as a result of injuries sustained in the crash. Factors including the nature of the injury, the extent of the pain, and the length of time the victim is expected to suffer are considered when awarding damages for pain and suffering.
Mental Anguish: Victims and families may also be awarded for emotional suffering incurred as a result of the accident. This can compensate the victim for fright, embarrassment, nervousness, worry, grief and other forms of emotional distress.
Loss of Consortium: The uninjured spouse of a motorcyclist injured in an accident may be able to recover damages for loss of marital benefits, including companionship, sexual relations, affection and comfort.
Common Causes of Orlando Motorcycle Accidents
Motorcycle accidents can occur for a number of reasons, including driver negligence. Negligent acts which may result in an accident include the following:
- Swerving in front of a cyclist;
- Cutting off motorcyclists at intersections;
- Failing to follow posted speed limits;
- Failing to yield when appropriate;
- Failing leave sufficient room between the vehicles;
- Failure to see a motorcyclist changing or entering lanes;
- Neglecting to pay appropriate attention to other drivers;
- Driving under the influence.
- Failure to yield and an inability to recognize motorcyclists in traffic are among the common causes of motorcycle accidents.
These crashes may also be caused by motor vehicles drivers who do not exercise proper care when making left-hand turns at intersections. Left-turn accidents are commonly caused by drivers who:
- Misjudge the motorcyclist’s speed or distance;
- Fail to see the motorcyclist;
- Panic and stop in the motorcyclist’s path; or
- Rely on the judgment of another driver, who also fails to see the motorcyclist.
Common Motorcycle Accident Injuries
Motorcyclists have little protection from the elements and other vehicles; therefore, injuries sustained in an accident can be quite extensive and may include the following:
- Bone fractures;
- Severe head trauma;
- Spinal cord injuries;
- Neck injuries;
- Brain damage;
- Disfigurement;
- Loss of limbs;
- Paralysis; and
- Death.
If you or someone you know has been injured in a motorcycle accident in Florida, you may be entitled to compensation. To learn more about how our Orlando motorcycle accident attorneys may be able to help you, please fill out our free case review form today.
