Orlando Motorcycle Accident Lawyer
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Riding a motorcycle carries inherent risks that far surpass those of driving a car. The Insurance Institute for Highway Safety reports that motorcyclists are 26 times more likely to face a fatal accident compared to those in passenger vehicles. This stark reality is reflected in Florida’s traffic statistics. In 2022, the Florida Department of Highway Safety and Motor Vehicles recorded 569 motorcyclist fatalities, representing 18 percent of all traffic-related deaths in the state. If you have been involved in a motorcycle accident, don’t hesitate to reach out to the experienced motorcycle accident lawyers at Dolan Dobrinsky Rosenblum Bluestein, LLP, for guidance and support. Initial consultations are free, no obligation, and completely confidential.
How to Respond to a Motorcycle Accident in Orlando, Florida
Were you involved in a motorcycle accident in Orlando? It is essential that you understand the specific steps to take to protect your health, your rights, and your interests. The unfortunate reality is that you cannot rely on insurance companies to do what is right for your family. Steps include:
- Stop Your Bike and Report the Collision: First and foremost, you need to stop your motorcycle and exchange information with any other party who was involved in the accident. The motorcycle accident should be reported to the Orlando Police Department or another law enforcement agency.
- Get Prompt Medical Care for Any Injuries: Your health is a major priority after a motorcycle accident. See a doctor as soon as possible after your motorcycle crash. Concussions, back problems, and other motorcycle accident injuries can arise with a gradual onset. You need to see a doctor in order to be eligible to bring a motorcycle accident claim in Florida.
- Document Your Motorcycle Accident: In Florida, liability for a motorcycle accident is based on fault. In other words, the party whose negligence contributed to the motorcycle crash can be held liable for the resulting damages. Comprehensive documentation of your motorcycle accident is crucial. Take pictures, get witness contact details, and record other relevant facts.
- Seek Professional Legal Representation: Be careful when dealing with insurance adjusters after a motorcycle accident in Orlando. They are not on your side. The sooner you consult with an Orlando motorcycle accident attorney, the better positioned you will be to get justice and the maximum compensation.
Most Common Reasons Why Motorcycle Accidents Happen in Central Florida
Every motorcycle accident in Florida should be thoroughly investigated. You need to know exactly how and why the motorcycle accident happened. These collisions can occur for a wide array of different reasons. Some of the leading causes of motorcycle accidents in Orlando include:
- Distracted Driving: Distracted driving puts motorcyclists at risk. Drivers who are texting, talking on the phone, using GPS, or engaging in other distractions are less likely to notice motorcycles due to their smaller size. It is a big safety problem.
- Speeding: Speeding can contribute to the rate and severity of motorcycle accidents. Notably, higher speeds not only limit reaction time, but they also likely increase the severity of motorcycle accident injuries should one occur. Curvy roads, especially those in rural areas around Central Florida, can become particularly treacherous at high speeds.
- Failure to Yield Right of Way: At intersections, many accidents occur because drivers either fail to see the motorcyclist or misjudge their speed. It is a serious problem that is compounded by the fact that motorcycles can be obscured by other vehicles.
- Motorcycle Lane Splitting: While lane splitting is not legal in Florida, some motorcyclists still engage in it. It is a practice that occurs when a rider moves in between lanes of slow-moving or stopped traffic. Motorcycle riders in Orlando should avoid lane splitting as it can be risky and is not permitted by Florida state law.
- Motorcycle Defects: Mechanical failures or defects in motorcycles can also lead to accidents. Issues like brake failure, tire blowouts, or engine problems can unexpectedly impair a motorcyclist’s ability to operate the vehicle safely. Regular maintenance and thorough checks before rides are crucial to minimize the risk associated with mechanical defects. A motorcycle manufacturer may bear liability for this type of motorcycle crash.
- Poor Road Conditions: Potholes, uneven road surfaces, and loose gravel can all cause a motorcyclist to lose control. Central Florida’s weather conditions, such as sudden rainfalls, can also lead to slick roads, increasing the risk of slips and falls for motorcycles.
Why Is Florida So Dangerous for Motorcyclists?
Florida’s roads present unique challenges for motorcyclists, contributing to the state’s high accident rates. However, these factors do not absolve negligent drivers of responsibility when they cause crashes. If a motorcyclist follows traffic laws and is hit by a driver who “didn’t see them” or failed to yield right-of-way, that driver can be held liable. Here are some key reasons why Florida is particularly hazardous for motorcyclists:
- Lenient helmet laws: Florida’s helmet laws are relatively relaxed for most motorcyclists. State statute 316.211 only requires operators under 21 to wear helmets. The repeal of Florida’s universal helmet law in 2000 led to an immediate and significant increase in fatalities. Proponents of the repeal argued it would boost ridership and attract motorcycle rallies and events to the state, prioritizing economic benefits over safety concerns.
- Year-round riding weather: Florida’s warm climate and vast road network mean there are consistently high numbers of motorcyclists on the road. While in some cases, increased presence can lead to improved safety, this doesn’t appear to be the case for motorcyclists in Florida.
- Rising distracted driving: The use of cell phones for talking, texting, navigation, and social media while driving has reached unprecedented levels. These selfish actions endanger all road users, but especially vulnerable ones like motorcyclists.
- Driver Negligence: In Florida, too many drivers fail to safely share the road with motorcyclists, often due to a lack of awareness and understanding of the motorcyclist’s road space needs. Motorcycles are smaller and can accelerate or change direction more quickly than cars. They may be less visible. Another problem is that drivers may not check their blind spots thoroughly or misjudge a motorcycle’s speed and distance.
Injuries in an Orlando Motorcycle Accident
Motorcycle accidents often result in severe injuries due to the rider’s lack of protection. Unlike car occupants, motorcyclists don’t have the benefit of a protective cage, seat belts, or airbags. At best, they might have a padded leather jacket and a helmet if they have taken precautions. Common motorcycle accident injuries include:
Soft Tissue Damage
Soft tissue damage—from sprains and strains to whiplash—can be debilitating. It is imperative that a motorcyclist’s soft tissue injuries are properly treated by a licensed physician. Immediate medical care for a bad injury is a must.
Traumatic Brain Injuries (TBI)
Motorcyclists face a high risk of TBIs, especially when not wearing helmets. These injuries can have long-lasting effects on cognitive function, memory, sensation, motor skills, and emotional regulation. All suspected TBIs require prompt medical care. A brain injury should be diagnosed and treated.
Spinal cord injuries
The spinal cord is particularly vulnerable in motorcycle accidents. Damage to this vital structure can disrupt communication between the brain and the body, potentially resulting in partial or complete paralysis below the injury site. Currently, there is no cure for spinal cord injuries, making them permanent and life-altering.
Loss of Limb (Amputation):
The loss of a limb (arm or leg) is one of the most serious, catastrophic types of motorcycle accident injuries. It is a very serious medical emergency that carries life-lasting complications for the victim. The proper ongoing care is a must.
Road rash
When riders are thrown from their bikes and skid along the pavement, they can suffer severe abrasions. These injuries are painful, prone to infection, and may leave permanent scars, even if the rider was wearing protective clothing.
Internal injuries
The force of impact in a motorcycle accident can cause significant damage to internal organs. This can lead to internal bleeding and other serious complications, some of which may be fatal if not treated promptly.
Bone fractures
The human skeleton can only withstand so much force. In motorcycle accidents, bones often fracture under pressure. While some fractures heal with time, others can lead to long-term complications and even permanent disability.
Your Guide to Motorcycle Accident Liability in Florida
Hurt in a motorcycle accident in Orlando? Your crash will fall primarily under state law. As there is some variation from jurisdiction to jurisdiction, it is crucial that you know the law. Here are some of the key points to understand about motorcycle accident liability in Florida:
- Florida’s No-Fault Standard Does Not Apply to a Motorcycle Accident: The FLHSMV explains that our state operates under a no-fault insurance system for automobile accidents. However, this does not extend to motorcycles. Indeed, motorcycle riders are not required to carry personal injury protection (PIP) insurance (it is mandatory for other motorists.) There are big implications for your motorcycle accident claim. In the event of an accident, motorcyclists must seek compensation through other means, such as filing a claim against the at-fault party’s insurance or pursuing a personal injury lawsuit.
- The Party at Fault for a Motorcycle Accident Can Be Held Legally Responsible: Florida is a fault-based state for motorcycle collisions. Notably, fault for a motorcycle accident is generally based on the legal doctrine of negligence. Negligence is defined as the failure to take reasonable care. In Florida, if a driver or another party is found to be at fault in a motorcycle accident, they can be held financially and legally responsible for the resulting damages. Every motorcycle accident in Orlando should be investigated by a lawyer. An attorney can help you gather evidence to prove negligence.
- A Comparative Negligence Standard Applies to Motorcycle Accidents: Under Florida law (Florida Statutes § 768.81), a modified comparative negligence standard applies to fault-based motor vehicle accident claims, including motorcycle accidents. If a motorcyclist is partially at fault for an accident, their compensation may be reduced by their percentage of fault. For example, imagine that a motorcycle rider in Orlando is involved in a bad crash at an intersection. The rider sustained $200,000 in total damages. However, the rider is found to be 20 percent responsible for an accident due to their own partial negligence. Under Florida law, they would be liable for 20 percent of their own injuries ($40,000).
We Fight for the Maximum Compensation for Motorcycle Accident Victims in Orlando
Following a bad motorcycle accident in Orlando, it is imperative that you are able to secure the absolute maximum financial compensation—including for your medical bills, missed paychecks, and other damages. Florida law allows injured motorcyclists to see a settlement or verdict for the full value of their damages. However, insurance companies can put some serious barriers in the way. You may be entitled to recover financial compensation for:
- Motorcycle repairs or replacement
- Emergency medical treatment
- Hospital bills and other health costs
- Physical rehabilitation and mental health counseling
- Loss of wages and loss of earning power
- Pain and suffering & mental distress
- Disability or disfigurement
- Wrongful death of a rider
- A Two-Year Statute of Limitations for Motorcycle Accident Injury Claims in Florida
There is a strict statutory deadline to file a motorcycle accident claim. Under Florida law, there is a two-year statute of limitations for motorcycle accidents. As very narrow exceptions are all that exist to this deadline, you should not wait to get started with your case. If you miss the statute of limitations, you may not be able to get compensation for your damages. Do not fall behind an insurance company in the claims process: Consult with an experienced motorcycle accident attorney right away after a bad crash.
Why Choose Dolan Dobrinsky Rosenblum Bluestein, LLP for Your Personal Injury Claim?
At Dolan Dobrinsky Rosenblum Bluestein, LLP, we understand the unique challenges faced by motorcycle accident victims. Our commitment to your case goes beyond mere legal representation – we treat you as part of our family. We have a history of success you can trust. Here is why you should choose our experienced motorcycle accident lawyer to handle your case:
- Client-centric communication: We prioritize open, easy, and prompt communication throughout your case. You’ll be kept informed and involved at every step, ensuring you’re never left in the dark about your case’s progress.
- Strong founding principles: Our practice is built on the pillars of respect, dignity, and fairness. We ensure that every client receives the care and attention they deserve, regardless of the complexity of their case.
- Comprehensive representation: We offer innovative legal solutions tailored to your specific needs. Our services are provided on a contingency-fee basis, making high-quality legal representation accessible to all who need it.
- Knowledge and experience: Our Orlando motorcycle accident attorneys bring a wealth of knowledge and experience to your case. We specialize in personal injury law, with particular expertise in motorcycle accident cases in Orlando and throughout Florida.
- Established reputation: With a long-standing presence in Central Florida, our firm has developed a deep understanding of local laws and a proven track record of achieving fair outcomes for our clients.
- A Commitment to Results: We know that injured motorcyclists need compensation to pay their medical bills and support their family. Our Orlando, FL motorcycle accident lawyers put a strong emphasis on results. What is best for our clients takes the top priority.
The Importance of Timely Action
After a motorcycle accident, it’s crucial to act promptly. Florida’s statute of limitations gives you a limited time to file a personal injury lawsuit. While you focus on your recovery, let our experienced team at Dolan Dobrinsky Rosenblum Bluestein, LLP, handle the legal aspects of your case. We’ll work diligently to gather evidence, negotiate with insurance companies, and if necessary, prepare your case for trial.
Medical bills can quickly accumulate after a motorcycle accident, adding to the stress of recovery. Our team understands the financial burden these expenses can create, which is why we are committed to ensuring that your medical bills are thoroughly accounted for in your personal injury claims. We know how critical it is to recover compensation that covers both your immediate and long-term healthcare needs.
Our approach is comprehensive. We’ll investigate the accident thoroughly, consult with medical experts to understand the full extent of your injuries, and calculate both current and future damages. This includes medical expenses, lost wages, pain and suffering, and any long-term care or rehabilitation you may need, ensuring that your personal injury claims are fully supported and maximized.
Furthermore, we understand that the impact of a motorcycle accident extends beyond physical injuries. The emotional trauma, lifestyle changes, and financial stress—including the strain of managing mounting medical bills—can be overwhelming. Our team is here to support you through all aspects of your recovery, connecting you with necessary resources and advocating for your rights every step of the way.
Orlando Motorcycle Accident Injury Claims: Frequently Asked Questions (FAQs)
Should I Speak to a Motorcycle Accident Lawyer After a Crash in Orlando?
Yes. Do not try to take on the claims process alone after a bad motorcycle crash. You need a strong, experienced advocate. A top-rated Orlando, FL motorcycle accident lawyer can review your case and develop a strategy to help you get justice and compensation. Without legal representation, you might face challenges from the big insurance companies looking to minimize your claim.
Are Motorcycle Helmets Required By Law in Florida?
It depends on your age. In Florida, motorcycle helmets are required for riders under the age of 21. Still, wearing a helmet is strongly recommended as it significantly reduces the risk of severe injury or death in a crash. The evidence is overwhelming on this matter. Motorcycle helmets help to prevent traumatic brain injuries (TBIs) and save lives. Wear one whenever you ride.
Do Motorcyclists Face Unfair Stereotypes from Insurance Companies?
Unfortunately, this is far too often the case after a bad motorcycle accident. An injured motorcyclist may face unfair stereotypes from insurance companies. Insurance adjusters may wrongly assume that motorcyclists are reckless or responsible for accidents due to these biases. This can lead to unfairly low settlement offers. An Orlando, FL motorcycle accident lawyer will protect your rights.
What Type of Evidence Can Be Used to Prove Fault in a Motorcycle Accident Claim?
To prove fault in a motorcycle accident claim, you can use various types of evidence, including police reports, eyewitness statements, and accident scene photos. In more complex motorcycle accident claims, expert accident reconstruction analyses may also provide critical support for your claim. Your accident should be thoroughly investigated by a top-tier Orlando motorcycle accident lawyer.
Should I Agree to Settle My Motorcycle Injury Claim?
Maybe. Before agreeing to settle your motorcycle injury claim, you should be sure to consult with an experienced Orlando motorcycle accident lawyer. Sadly, insurance companies often try to settle for less than what you deserve. Be proactive: Consult with an Orlando motorcycle lawyer right away.
What is the Average Motorcycle Settlement in Orlando?
The average motorcycle settlement in Orlando varies widely depending on factors like the severity of injuries, the extent of property damage, and liability issues. For a relatively minor motorcycle accident, a settlement may be around a few thousand dollars. However, settlements can also be in the five, six, and even seven figures. You need the maximum motorcycle accident compensation.
Can You Recover Punitive Damages for a Motorcycle Accident?
In Florida, you can recover punitive damages for motorcycle accidents if you can prove that the other party acted with gross negligence. These damages are not meant to compensate for loss but to punish the at-fault party for their misconduct and deter similar conduct in the future. However, obtaining punitive damages requires a higher standard of proof. The injured motorcyclist must prove, with clear and convincing evidence, that the defendant’s conduct was “egregious.”
We Handle Motorcycle Accident Claims in Orlando On Contingency Fee
What does it cost to hire a top Orlando motorcycle accident lawyer? With Dolan Dobrinsky Rosenblum Bluestein, LLP, you never have to worry about any upfront costs or out-of-pocket expenses. There are no hourly bills to pay. Our firm represents injured motorcyclists in Orlando on a contingency fee basis. We only get paid when you get paid. There is no fee unless you get financial compensation. Your initial consultation with an experienced motorcycle accident attorney is free, no obligation, and completely confidential.
Connect with Dolan Dobrinsky Rosenblum Bluestein, LLP, for Help with Your Orlando Motorcycle Accident Case
Call Dolan Dobrinsky Rosenblum Bluestein, LLP, at (305) 371-2692 to schedule your free, no-obligation case review. Our team is available 24/7 to answer your questions and provide the support you need during this difficult time. Let us put our experience to work for you and ensure your rights are protected and you receive full and fair compensation for your injuries and losses.compensation for your injuries and losses.
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Grateful to Dr Dobrinsky and his great team for successfully handling my medical malpractice case. A very professional team, with great experience. I always felt confident that I was in good hands. Grateful and 100% recommended.