Why Trust Wooten, Kimbrough, Damaso & Dennis, P.A. with Your Orlando Motorcycle Accident Case?
Choosing the right Orlando motorcycle accident lawyer can make a significant difference in the outcome of your case. Here’s how our Orlando personal injury law firm stands out:
- Proven Track Record: We’ve recovered millions of dollars for our clients and have established ourselves as trusted advocates for Orlando motorcycle accident victims, including both local residents and tourists.
- No Win, No Fee: Our firm operates on a contingency fee basis, meaning you don’t pay unless we win your case.
- Extensive Experience: We’ve helped the injured since 1966 and have the knowledge and resources to fight for the fair compensation you deserve, whether you’re dealing with catastrophic injuries, wrongful death, or the complexities of Florida’s no-fault insurance laws.
- Deep Knowledge of Insurance Processes: Navigating the complexities of insurance claims can be challenging, whether you’re a local resident or a visitor unfamiliar with Florida’s no-fault system. Our deep understanding of insurance company processes allows us to advocate strongly on your behalf, ensuring that your rights are protected.
- Expert Negotiators: Our Orlando personal injury attorneys have extensive experience in dealing with insurance companies and their tactics to minimize payouts, ensuring you receive the maximum compensation possible.
- Comprehensive Case Handling: We handle all types of auto accident cases, from rear-end collisions to complex rollover accidents, with a deep understanding of Orlando’s unique driving challenges.
- Support for Tourists and Visitors: Orlando is a major tourist destination, and we frequently assist out-of-town visitors who have been involved in motorcycle accidents while on vacation. Whether you live in Florida or are visiting from another state or country, our team is equipped to manage your case efficiently and effectively, even after you’ve returned home.
- Holistic Support: We understand that auto accidents can have far-reaching consequences beyond physical injuries. Many accident victims experience emotional trauma, anxiety, and financial stress. Our attorneys provide compassionate guidance to help you navigate these challenges.
- Personalized Legal Representation: We pride ourselves on our commitment to our clients and our ability to deliver results. We tailor our legal representation to your unique needs, offering aggressive advocacy and compassionate support through every step of the process.
- Experience with Various Types of Accidents: Our experience extends beyond car accidents to include motorcycle, commercial vehicle, truck, bicycle, and pedestrian accidents, allowing us to provide comprehensive representation no matter the circumstances of your case.
- Specialized Knowledge: Our attorneys bring specialized knowledge in handling cases involving Lyft, Uber, and other ride-sharing services, as well as delivery trucks and taxis, ensuring all aspects of your accident are thoroughly addressed.
We pride ourselves on our commitment to our clients and our ability to deliver results. We understand the challenges that Orlando motorcycle accident victims face, and we are dedicated to providing personalized legal representation tailored to your unique needs.
Contact us today for a free consultation by calling (407) 843-7060 or filling out our contact form if you’ve been injured in a motorcycle accident in Central Florida.
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, a Florida motorcycle accident 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 through a personal injury claim.
Motorcycle accidents can result in severe injuries, including traumatic brain injuries, which can have long-lasting effects on victims.
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 two years from the date of injury to file a lawsuit in court. Understanding your case’s deadline requires a lawyer’s insight.
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 motorcycle accident lawyer in Orlando, FL will be instrumental in helping you make this determination in an Orlando motorcycle accident case.
Common Injuries after an Orlando Motorcycle Accident
With no seat belts, bumpers, or airbags, motorcyclists and their passengers are much more prone to suffering motorcycle accident injuries. The severe injuries from motorcycle accidents often include the following:
- Broken bones
- Road scrapes and burns
- Facial injuries
- Brain and head injuries
- Head and neck injuries
- Spinal and back injuries
- Internal injuries
- Fatalities
Motorcycle accidents frequently involve spinal cord injuries and traumatic brain injury, which can be difficult to recover from and may result in lifelong disabilities.
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, and Dennis, P.A. To discuss your case with a skilled Orlando motorcycle crash lawyer, contact us today.
Get Personalized Legal Help
Since 1966, our board-certified attorneys have personally handled thousands of injury cases with exceptional care and attention. Each case receives collaborative support from our entire team.
Contact a Skilled Orlando, FL 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 with motorcycle accident claims. Fortunately, you don’t have to look far and wide for experienced legal assistance. At Wooten, Kimbrough, Damaso, and Dennis, P.A., our team of knowledgeable motorcycle accident attorneys has helped the injured since 1966 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, and Dennis, P.A., 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 with your personal injury lawsuit. To schedule a free consultation, call our motorcycle accident lawyers in Orlando, FL at (407) 843-7060 or submit a contact form online today.
Frequently Asked Questions About Motorcycle Accidents in Orlando
What is the average settlement for a motorcycle accident in Orlando?
Orlando motorcycle accident settlements typically range from $50,000 to $200,000 for serious injury cases, with catastrophic injuries or wrongful death cases often exceeding $500,000 to over $1 million. However, settlement amounts vary dramatically based on injury severity, fault percentage, and available insurance coverage. Minor injuries like road rash or fractures may settle for $15,000-$50,000, moderate injuries requiring surgery often reach $75,000-$150,000, and severe permanent injuries like traumatic brain injury, spinal cord damage, or amputation frequently result in settlements of $300,000 to several million dollars. Your specific settlement depends on six types of recoverable damages: past and future medical expenses, past lost earnings and future earning capacity loss, and past and future pain and suffering (only if you have a permanent injury such as disability, impairment, or significant scarring). Florida’s modified comparative negligence rule significantly impacts your payout—if you’re found more than 50% at fault, you recover nothing, and if you’re less than 50% at fault, your settlement is reduced by your fault percentage. For example, a $200,000 settlement with 40% fault becomes $120,000. Insurance policy limits also cap your recovery, though motorcycle accidents often involve higher insurance policies due to injury severity. Studies show that accident victims who hire attorneys recover 3-4 times more than those negotiating alone, even after legal fees. Contact us through our online form for a free case evaluation to understand what your specific Orlando motorcycle accident claim is worth.
Can I still get compensation if I wasn’t wearing a helmet in Orlando?
Yes, you can absolutely recover compensation after an Orlando motorcycle accident even if you weren’t wearing a helmet—not wearing a helmet does not automatically bar your claim. Florida law allows riders over 21 to ride without a helmet if they carry at least $10,000 in medical insurance coverage, while riders under 21 must wear helmets by law. However, insurance companies will aggressively argue that your lack of helmet contributed to head, brain, or facial injuries to reduce their payout. Under Florida’s comparative negligence law, if the insurance company successfully proves that a helmet would have prevented or reduced your injuries, your compensation may be reduced by the percentage of fault attributed to not wearing a helmet. For example, if you suffered a traumatic brain injury and the insurer proves a helmet would have reduced the severity by 30%, your settlement could be reduced by 30%. Critically, if your injuries are to other body parts—such as broken legs, spinal cord damage, road rash, or internal injuries—the lack of helmet is legally irrelevant because a helmet wouldn’t have prevented those injuries. Our Orlando motorcycle accident attorneys counter insurance company helmet arguments by working with medical professionals who can prove your injuries would have occurred regardless of helmet use, or that the helmet would have made minimal difference. We’ve successfully recovered full compensation for many clients who weren’t wearing helmets by focusing evidence on the at-fault driver’s negligence rather than your choice of safety gear. Don’t let insurance adjusters convince you that you have no case because you weren’t wearing a helmet—that’s simply untrue, and they’re trying to avoid paying what you deserve.
How long does it take to settle a motorcycle accident case in Orlando?
Most Orlando motorcycle accident cases settle within 6 months to 2 years, though the timeline varies significantly based on injury severity, liability disputes, and insurance company cooperation. Simple cases with clear fault, moderate injuries, and cooperative insurers may resolve in 6-9 months, while complex cases involving catastrophic injuries like brain damage or paralysis, disputed liability, multiple at-fault parties, or insurance companies denying claims often take 18-24 months or longer. Several critical factors affect your timeline: you shouldn’t settle until reaching maximum medical improvement (knowing the full extent of permanent injuries), gathering comprehensive evidence including accident reconstruction and witness statements takes time, motorcycle accident bias (insurance companies and juries often unfairly blame riders) requires extra work to overcome, and insurance company delay tactics deliberately drag out negotiations hoping you’ll accept less out of desperation. Because motorcycle accidents often result in more severe injuries than car accidents—with no airbags, seatbelts, or protective frame—the medical treatment period alone can extend 12-18 months before doctors can determine if injuries are permanent. Florida’s two-year statute of limitations means you must file a lawsuit within two years of your accident date or lose your right to compensation forever, however, the time frame is dependent on the unique details and factors surrounding your specific case. Our Orlando motorcycle accident lawyers work aggressively to expedite your case by immediately investigating the accident, securing evidence before it disappears, working with medical professionals to document injuries efficiently, negotiating forcefully with insurers while prepared to file suit, and pushing back against deliberate delay tactics. We understand you need compensation quickly to pay medical bills and replace lost income, but we’ll never pressure you to accept an inadequate settlement just to close the case faster.
What should I do immediately after a motorcycle accident in Orlando?
Taking the right steps immediately after an Orlando motorcycle accident can dramatically strengthen your claim and protect your legal rights. First, prioritize safety and medical care: move to safety if possible without causing further injury, call 911 immediately for police and ambulance even if injuries seem minor (adrenaline masks pain), accept emergency medical transport to document injury severity, and get a complete medical evaluation within 24 hours even if you declined ambulance transport. Second, gather critical evidence at the scene if physically able: take photos of all vehicles, your motorcycle damage, road conditions, skid marks, debris, traffic signs, and your visible injuries from multiple angles; get the driver’s information including license, insurance, vehicle registration, and contact details; obtain contact information from all witnesses (critical since many drivers blame motorcyclists unfairly); note weather conditions, lighting, road hazards, and other environmental factors; and request the police report number and responding officer’s information. Third, protect your legal rights: report the accident to your insurance company but provide only basic facts without discussing fault or injury details, never admit fault or apologize even if you think you may have contributed (let investigation determine fault), refuse to give recorded statements to the other driver’s insurance company without attorney representation, and absolutely do not accept any settlement offer or sign documents from insurance companies. Fourth, document everything ongoing: photograph your injuries as they develop and heal, keep detailed records of all medical treatment, bills, and prescriptions, save all receipts for accident-related expenses including transportation to appointments, medication, and medical equipment, document how injuries affect your daily activities and work, and preserve all damaged riding gear and clothing as evidence. Finally, contact an experienced Orlando motorcycle accident lawyer immediately—ideally within 24-48 hours while evidence is fresh and before insurance companies contact you with lowball offers. We can take over all communications, launch an independent investigation, and ensure critical evidence like surveillance footage is preserved. Contact us through our online form for immediate assistance.
Does Florida’s no-fault insurance law apply to motorcycle accidents?
No, Florida’s no-fault insurance law specifically excludes motorcycles—this is one of the most misunderstood aspects of motorcycle accident claims and significantly affects how you recover compensation. Unlike car accident victims who must use their Personal Injury Protection (PIP) insurance first regardless of fault, motorcyclists can immediately pursue fault-based claims against the at-fault driver’s insurance without exhausting PIP benefits first. This means you can sue for full damages including pain and suffering, future medical costs, and lost earning capacity from the beginning, rather than being limited to PIP’s $10,000 economic-only coverage cap. However, this creates a critical insurance gap: if you own a car, your PIP will not cover injuries from a motorcycle accident, and Florida doesn’t require motorcyclists to carry any insurance at all if they wear a DOT-approved helmet. Riders over 21 who choose not to wear helmets must purchase at least $10,000 in medical insurance coverage, but this is regular medical insurance, not motorcycle-specific coverage. This creates serious financial exposure if you’re hit by an uninsured or underinsured driver—which is alarmingly common since Florida doesn’t require Bodily Injury liability insurance, only the PIP that doesn’t cover motorcyclists. Your best protection is purchasing Uninsured/Underinsured Motorist (UM/UIM) coverage, ideally $100,000-$300,000 or higher, which covers you when the at-fault driver lacks adequate insurance. Our Orlando motorcycle accident attorneys immediately investigate all available insurance sources including the at-fault driver’s liability insurance, your UM/UIM coverage if you have it, any umbrella policies, and even homeowner’s insurance in some cases. We’ve recovered substantial compensation for clients even when the at-fault driver had minimal or no insurance by identifying and maximizing all available coverage sources. If you own both a car and motorcycle, we help ensure your auto policy’s UM/UIM coverage extends to motorcycle accidents—many riders don’t realize their existing coverage may protect them.
What is Florida’s comparative negligence law and how does it affect my motorcycle accident claim?
Florida’s modified comparative negligence law (Florida Statute §768.81) dramatically impacts motorcycle accident claims by reducing your compensation based on your percentage of fault, or barring recovery entirely if you’re more than 50% at fault. Under this law, if you’re 50% or less responsible for the accident, you can recover compensation, but it’s reduced by your fault percentage—for example, $100,000 in damages with 30% fault yields $70,000. However, if you’re 51% or more at fault, you recover absolutely nothing regardless of injury severity. This law is particularly dangerous for motorcyclists because insurance companies and juries often harbor unfair bias against riders, automatically assuming motorcyclists are reckless, speed excessively, or weave through traffic. Insurers aggressively exploit this bias to inflate your fault percentage and reduce their payout, using tactics like claiming you were speeding based on crash severity alone, arguing you were in the car’s blind spot and should have anticipated danger, suggesting you weren’t wearing proper protective gear and accepted risk, or pointing to any minor traffic violation to assign blame. Common scenarios where comparative negligence becomes an issue include: the driver made an illegal left turn but insurer claims you were speeding and couldn’t have stopped anyway, the driver failed to check their blind spot but insurer argues you shouldn’t have been riding in that position, you weren’t wearing a helmet and suffered head injuries, or lane-splitting (illegal in Florida and often assigned 100% fault even if the car was also negligent). Our Orlando motorcycle accident lawyers counter these tactics by conducting thorough accident reconstruction proving the driver’s negligence was the primary cause, gathering witness testimony establishing the driver’s fault, obtaining traffic camera or dashcam footage showing what actually happened, working with motorcycle safety professionals who can explain proper riding techniques and rebut unfair stereotypes, and documenting all Florida traffic law violations by the driver. We’ve successfully minimized fault percentages for clients by aggressively fighting insurance company bias and proving the at-fault driver’s overwhelming responsibility. Because even a 10-20% difference in fault percentage can mean tens of thousands of dollars in your settlement, having experienced attorneys who know how to combat comparative negligence arguments is essential.
Legally Written and Reviewed by a Managing Partner
Wooten, Kimbrough, Damaso & Dennis, P.A.
Our content is written and reviewed by our founding attorneys Butch Wooten, Orman Kimbrough, Mike Damaso, and Tom Dennis. Helping the injured since 1966, they’ve successfully handled thousands of personal injury cases across Florida. Whether you’re a Florida resident or an out-of-state visitor injured in Florida, we’re dedicated to providing clear and reliable information to help you navigate your legal options confidently.