Motorbike riders are some of the most at-risk road users. Because motorcyclists don’t have a vehicle’s safety features to rely on, they risk sustaining life-threatening or permanent injuries in an accident.
Florida laws allow victims to file lawsuits against the person who injured them in a motorcycle accident for compensation. An Ocoee motorcycle accident lawyer from Winters and Yonker can help you pursue compensation for your damages. We have enough experience and resources to protect your legal rights and fight for you till the end.
For more information about our motorcycle accident services in Ocoee, Florida, call (888) 373-7770 and arrange a free consultation with a personal injury attorney.
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How Can A Motorcycle Accident Attorney Help With My Compensation Claim?
A dedicated Ocoee motorcycle accident attorney at Winters and Yonker can:
- Begin the process of investigating your motorcycle accident immediately
- Collect evidence, including eyewitness statements
- Obtain and evaluate police reports
- Determine fault for the motorcycle accident and file a civil claim
- Evaluate your damages to calculate your claim’s worth
- Contact the insurance companies on your behalf
- Negotiate with the insurance companies for a fair and reasonable settlement
- Represent you in court if the case goes to trial
What Are The Most Common Causes Of Motorcycle Accidents?
Many motorcycle crashes on Florida roadways are both avoidable and preventable. Common causes of motorcycle accidents include:
- Distracted driving: Drivers who are distracted while driving may fail to notice motorcycle riders around them, resulting in an accident.
- Failure to pay attention to motorcycles: Motorcycles are smaller than other automobiles. Some drivers fail to notice motorcycles, especially when they turn at intersections or when the driver makes a quick turn at an intersection.
- Drunk driving or drugged driving: A drunk driver’s judgment is impaired significantly. Driving under the influence is one of the most common causes of motorcycle crashes.
- Faulty mirrors, brakes, or lighting: Faulty motorcycle components and mechanical complications cause motorcycle crashes.
- Unexpected pedestrians in the Road: Motorcyclists can also crash if they run into unexpected pedestrians on the road.
What Are The Motorcycle-Specific Laws In Florida
Florida has the following state-specific laws for motorcycle operators:
- Motorcycle Endorsement – Motorcycle operators must have a motorcycle endorsement from Florida’s Department of Motor Vehicles. Individuals who already own a valid driver’s license will be issued a motorcycle endorsement, and those without are eligible for a motorcycle-only license. Three-wheel motorcycle riders must complete the S/TEP-Sidecar/Trike Evaluation Program.
- Helmet Law – Riders who are above 21 years and can carry a $10,000 dollar insurance policy are not required to put on a helmet in Florida.
- Headlights – All Florida motorcycle operators are required to use daytime headlights according to Florida Statute 316.405.
- Eye Protection – Florida Statute 316.405 requires motorcyclists to wear eye protection while operating a motorcycle.
- Handlebar Height – This rule requires a motorcycle’s handlebar height to be below the rider’s shoulders when seated on the bike.
- Riding Two Abreast – Florida’s motorcycle laws allow riders to carry a passenger on their motorbike and require motorists to give riders a full lane.
- Lane Splitting – Riders are prohibited from using the same lane as other motorists while overtaking. Operating a motorcycle between rows of vehicles or between lanes is not permitted.
- Turn Signals/Mirrors – Florida motorcycle laws require motorcycles to be equipped with at least one rearview mirror and working turn signals.
- Insurance Requirements – Florida requires riders to carry $30,000 single-limit liability and $20,000 of total bodily injury/$10,000 per-person bodily injury.
What Are The Most Common Injuries Seen In Motorcycle Accidents?
Unlike vehicles, motorcycles do not have safety features like seatbelts, crumple zones, airbags, or roll cages. You only have your safety helmet and protective gear to rely on. Because of this, you are likely to suffer significant injuries after a motorcycle crash like:
The violent impact from a motorbike accident may cause the spine, pelvis,
elbow, hip, shoulder bones, or wrist bones to break.
Road Rash(Friction burns)
Road rash injuries result from a rider falling off their bike and sliding along the tarmac or gravel, causing friction burns.
Head And Brain Injuries
The impact of a motorcycle collision can cause serious head and brain injuries like a concussion or permanent brain damage.
Spinal Cord Injuries
Most riders suffer spine injuries due to motorbike crashes. Injuries to the vertebrae are commonplace with motorcycle accidents.
Most of these motorcycle injuries will confine you to the hospital for rehabilitative therapy, surgeries, and additional medical attention. Injuries to the spine can cause permanent cognitive impairments, paralysis, organ function loss, or other life-changing disabilities.
How Is Fault Determined In a Florida Motorcycle Accident?
Deciding who is at fault and what degree is not always easy to figure out. In Ocoee, Florida, the guilty party in a motorcycle accident is determined by the following rules:
Florida’s No-fault Rule
Florida is a no-fault state. This means that motorists are expected to be covered by their PIP (personal injury protection) insurance coverage in the event of a motorcycle crash.
The no-fault system seeks to relieve the court system of smaller cases – often those that don’t involve severe bodily injuries – that can be handled by an insurance adjuster.
Pure Comparative Negligence
This law allows claimants, in this case, riders, to collect damages even if they were 99% responsible for the accident.
Compensation You Can Receive From A Motorcycle Accident Claim In Ocoee?
When you file a personal injury claim regarding a motorcycle accident in Florida, you may qualify to recover various damages. These damages seek to recover economic and non-economic losses as well as to punish punitive action. After a motorcycle crash, you may be eligible to recover:
These damages are meant to compensate you for all the financial losses you have incurred due to the accident. They include:
- Past and future medical expenses, including visits to the ER, ambulance rides, surgery, prolonged hospital stays, medications, rehabilitation, therapy, etc.
- Past and future lost wages if the injuries you sustained in the motorcycle crash keep you away from work for a long time.
- Property damage
These damages are meant to compensate you for the mental, emotional, and physical pain and anguish you have had to endure after the motorcycle accident for months or years to come.
The court can also award you punitive damages, which are meant to deter at-fault motorists from participating in negligent acts in the future.
Our Ocoee motorcycle accident attorneys can help you determine what type of damages you are eligible for after a motorcycle crash in Florida.
Review Your Claim Options With An Ocoee Motorcycle Accident Lawyer
At Winters and Yonker, we have seasoned auto accident lawyers with loads of experience in negotiating settlements ready to fight for your right to compensation, even if it means going to trial.
To speak to one of our Ocoee attorneys about your motorcycle accident, call us at (888) 373-7770 or fill our online form, and we will schedule a free case review.