Motorcycle Accident Attorneys in Orlando Helping Clients Recover After a Crash
There are inherent risks to any form of transportation, but no matter how careful you are as a motorcycle driver, you may find that your risks are far greater than those of other drivers who choose more traditional forms of transportation. As a motorcycle owner, you probably know that you need to be more aware, practice safe interactions with other drivers, and generally be less distracted than other drivers tend to be – because one glance away from the road or one small impediment as you are riding could result in a catastrophic accident.
That said, while accidents happen for all sorts of reasons, other drivers might be your greatest threat. On Central Florida roadways, drivers can be distracted and reckless. They can be impaired and unaware. Your safety isn’t only in your hands, but in theirs, and that is a scary prospect. If you find yourself the victim of an injury caused by an accident with another driver you will have a lot of questions and possibly a long recovery. Our local, experienced Orlando motorcycle accident attorneys can help you as you fight to get the compensation that you deserve to get back on your feet and start rebuilding your life.
What Motorcycle Laws in Orlando Should You Be Aware of?
There are four motorcycle laws in the state of Florida that affect Orlando riders which you should be aware of. They are:
- Liability Insurance– Insurance is not required for motorcycle riders in Florida; however, it is highly recommended that at a minimum all motorcycle riders have liability insurance, which in this state includes: $10,000 in total bodily injury insurance; $10,000 of coverage for property damage and $10,000 of underinsured/uninsured motorist coverage; and a limit of at least $20,000 for the single incident liability.
- Motorcycle Endorsement– Florida requires that you have specialized training on motorcycles, signified by a motorcycle endorsement on your driver’s license.
- Daytime Headlights– That’s right, Florida requires that drivers use a headlight, even during daytime.
- Helmet Laws– Anyone under the age of 21 must wear a helmet. If you’re over 21, you may only opt out of wearing a helmet if you have at least $10,000 in medical coverage in case of an accident. In case of an accident, a helmet can help protect you, and not wearing one may lessen your right to financial recovery.
How is Fault Determined in a Motorcycle Accident?
In Florida, motorcyclists and their passengers are not included in what is known as the “no-fault” insurance law, a law which states that the first $10,000 of medical bills is paid for by the injured party’s own insurance.
Because motorcyclists are not included in that law, it means that motorcyclists can pursue pain and suffering, even for injuries that are not considered serious or permanent in nature.
How does that relate to who is determined to be at fault? The state of Florida has what is known as comparative fault. That means that multiple factors are taken into consideration for the fault of an accident, and there is no guarantee that an accident will be found to be 100% one party’s fault.
So if you were found 30% responsible for an accident, you would still be able to collect on the 70% of the damages that were not your fault. With a fault system as complicated as the one in Florida, it’s best to speak with one of our experienced and skilled injury attorneys to establish what your fault is, and if there is viability and value in your case.
What Types of Evidence Might Be Used to Prove Liability in a Motorcycle Accident?
In cases of motorcycle accidents, more often than not there are three primary types of evidence that is used to establish liability. They are as follows:
After an accident, it’s important to contact the police for several reasons. The first is that they will assure that anyone who needs medical attention is given the chance to do so. Secondly, they survey the scene and investigate the cause of the crash. Finally, and perhaps most importantly for the purposes of liability, they write up a report of the accident, providing such important details as:
- Any apparent injuries sustained
- Contact information and details of the parties involved
- Approximate speeds of the vehicles at impact
- Weather, road, and traffic conditions
- Any broken laws that may have contributed to the accident
This report provides a helpful and official breakdown of factors at the scene that can no longer be accessed once the accident has been cleaned up. It is a vital part of establishing liability.
The next strongest element for establishing liability is statements made by eyewitnesses at the scene. As bystanders who were outside of the vehicles and who do not have a dog in the fight, they frequently have a better view of the accident and what caused it than those inside the vehicles involved.
If there are eyewitnesses at the scene of an accident that remain at the scene, the police will speak with them and include their statements in the police report. Usually these people are non-biased so juries tend to give more credibility to their statements than someone who was involved in the collision. That is why it’s important to encourage witnesses to stay on the scene if you are able to do so.
Videos and Photos
While nothing will ever replace the efficiency of being at the scene, one of the next best things is visual evidence in the form of videos and photographs. Nearly everyone has a camera in their pocket on their phone now, so there is no reason that accident and injury victims shouldn’t record the accident, the damage, the surrounding area, and anything else they can.
All of the evidence at an accident scene will be cleaned up and disposed of, so this is one way of guaranteeing that evidence is recorded so it can be used to establish liability.
How Can a Local Motorcycle Accident Attorney Help You Recover Compensation if You are Injured?
According to the Florida Department of Highway Safety and Motor Vehicles, there were over 7,500 motorcycle crashes on Central Florida roadways between January and November of 2022. When it comes to safety, the odds are against people who ride motorcycles but they don’t have to be when it comes to your accident claim. Dealing with the paperwork, insurance companies, trucking companies, and investigative resources can be overwhelming, but our experienced attorneys can handle all of this for you.
RTRLAW can help with all the aspects of your case and fight for compensation for your injuries. If you have been hurt in a motorcycle accident in Orlando, please give us a call at 407-343-5152 so we can start you on the path to healing and recovery.