Motorcycle Accident Lawyer in Orlando, FL
Compared to drivers and passengers of four-wheel passenger vehicles—who have a metal cage surrounding them and a robust airbag system—motorcyclists simply don’t have the same protections. As a result, there’s a higher likelihood that riders who crash will suffer a catastrophic injury. If you’ve been hurt in an accident, it’s crucial that you get in touch with a skilled Orlando motorcycle accident lawyer as soon as possible. Fortunately, help is right around the corner at Wooten, Kimbrough, Damaso & Dennis. Contact us today!
Filing a Motorcycle Accident Lawsuit in Orlando
It’s no secret that motorcycles are fun to ride in Florida, especially considering the state’s warm climate, flat terrain, and scenic vistas. But just like automobile accidents, motorcycle crashes can occur even if you follow all safety precautions. Despite the bad rep that motorcycles have in the public court of opinion, many motorcycle accidents aren’t the motorcyclist’s fault but rather another at-fault party. Drivers of other vehicles who fail to respect motorcyclists’ rights are often the culprit of motorcycle crashes. When this is the case, it’s crucial that you retain compensation to reimburse you for any property damage, medical costs, lost wages, and pain and suffering.
A motorcycle accident claim may be based on a theory of negligence when you consider that other drivers often ignore or fail to share the road with motorcyclists. For instance, a driver may make a dangerous lane change to pass a motorcyclist. If you can demonstrate that the driver was negligent, you may be able to hold them accountable for your injuries. To do so, you must show that the at-fault driver had a duty to exercise reasonable care, breached that duty, and that the breach was the reason for your injuries.
It’s also important to note that there’s a statute of limitations for these cases, meaning that you may lose out on your ability to retain compensation if you miss the deadline, even if you can prove that you weren’t at fault. Florida Statutes §95.11 states that personal injury claims centered around negligence, such as motorcycle accident cases, generally provide four years from the date of injury to file a lawsuit in court.
What Causes Motorcycle Accidents?
Motorcycles encompass 3 percent of all vehicles—with approximately 9 million registered motorcycles in the U.S.—but they still account for 14 percent of traffic injuries and fatalities on the road. Here are a couple of explanations as to why motorcyclists face accidents so frequently.
- Their lack of visibility: Motorcycles often get lost or ignored because they’re more difficult to see, especially in blind spots.
- Braking times and distances are different for motorcycles: A motorcyclist and their passenger are at an increased risk of injury due to cars or trucks that are following too closely and unable to stop in time.
- The weather: Wind, rain, and storms make roads slippery and more dangerous for motorcycles, which only sit on two wheels, than four-wheel vehicles.
- Unsafe lane switches: It’s not uncommon for cars to not use their signal or check their surroundings when switching lanes. This can sometimes result in crashes with motorcycles, which are quicker, smaller, and harder to spot.
- Car doors opening: Sometimes, the driver or passenger of a vehicle will open the door to their parked car without noticing an approaching motorcycle. In this case, the passenger door may completely break off its hinge, and the motorcyclist can face severe-to-fatal injuries.
Other factors that can play a role in Orlando motorcycle accidents include cars making left-hand turns, turning too fast, and intoxication. Likewise, there may be other parties at fault beyond just the driver. For example, if defective equipment or hazardous road conditions are the sources of the accident—such as a pothole—it’s possible the entity responsible for maintenance and repair of the road could be liable for the injuries resulting from the accident. A knowledgeable lawyer will be instrumental in helping you make this determination.
Common Injuries after an Orlando Motorcycle Accident
With no seat belts, bumpers, or airbags, motorcyclists and their passengers are much more prone to suffering severe and debilitating damage. The catastrophic injuries from motorcycle accidents often include the following:
- Broken bones
- Road scrapes and burns
- Facial injuries
- Brain and head injuries
- Traumatic brain injuries
- Head and neck injuries
- Spinal and back injuries
- Internal injuries
While driving a motorcycle is intrinsically more hazardous than driving a larger vehicle, there are still several ways to diminish your risk of injury. This includes wearing a helmet, sporting goggles, performing consistent maintenance on your motorcycle, donning reflective clothing, dressing in a leather suit to prevent road rash, taking part in motorcycle safety courses, and sidestepping alcohol when riding.
In any case, both financial and emotional costs associated with motorcycle crash injuries can be hard to comprehend, even if you did everything you could to educate and protect yourself from danger. The recovery from such an injury can also last a lengthy period of time. As such, you and your family members will likely want to retain financial and emotional help from an Orlando motorcycle accident attorney as soon as possible. Fortunately, help is standing by at Wooten, Kimbrough, Damaso & Dennis, P.A. To discuss your case with a skilled legal professional, contact us today.
Contact a Skilled Orlando Motorcycle Accident Lawyer Today
If you or a family member have been involved in a motorcycle accident in Orlando or the surrounding areas, it’s crucial that you get in touch with a motorcycle accident lawyer who can help. Fortunately, you don’t have to look far and wide for experienced legal assistance. At Wooten, Kimbrough, Damaso & Dennis, P.A., our team of knowledgeable attorneys has over 100 years of combined experience helping to ensure that negligent parties are held responsible for the damage they’ve caused. We’re dedicated to protecting your rights and standing by your side throughout the duration of the legal process.
At Wooten, Kimbrough, Damaso & Dennis, our law firm provides free consultations to those suffering from motorcycle accidents, and we protect all clients who deserve justice. We stand up to powerful insurance companies and deep-pocketed adversaries every day. When you need legal assistance, give us a call to find out how we can help. To schedule a free consultation, call us at (407) 843-7060 or submit a contact form online today.
Frequently Asked Questions About Motorcycle Accidents in Orlando
What damages can I recover from a motorcycle accident in Orlando?
There are six (6) types of damages that you could recover for a motorcycle accident: (1) past medical expenses; (2) future medical expenses; (3) past lost earnings; (4) loss of future earning capacity; (5) past pain and suffering; and (6) future pain and suffering. Pain and suffering damages are recoverable only where there is some sort of permanent injury. A permanent injury may be a lifetime impairment, disability, or significant scarring or disfigurement. It is important to note, however, that pain and suffering is subjective and individualized, so damages vary on a case-by-case basis. In addition to personal injury damages, a person could also recover the costs of repairing his or her vehicle as well as other out-of-pocket expenses incurred as a result of the accident
How long will it take to settle an Orlando motorcycle accident claim?
Every case is different, and the duration of a case can depend upon several factors. For example, if the motorcycle accident involves several other vehicles, multiple witnesses, or novel or complex issues, the case may take longer to resolve. On average, however, personal injury cases take up to two (2) years to resolve, sometimes longer. But, again, the length of time for any given case varies on its unique facts and circumstances.
What does “comparative negligence” mean when determining who is responsible for a motorcycle accident?
Comparative negligence is a phrase used to describe each party’s relative fault in a given situation. A party’s actual recovery is dependent upon his or her own percentage of fault in contributing to the subject accident. For example, in a motorcycle accident between one vehicle and one motorcycle where a jury determines that the Defendant vehicle driver is 60% at fault, the Plaintiff motorcycle driver is 40% at fault, and the total damage award is $200,000, the Plaintiff’s recovery would be reduced by his or her percentage of fault. In this case, the damages awarded would be $120,000.