Riding through Kissimmee on a motorcycle can feel freeing and empowering, but the lack of a vehicle body surrounding the rider also means the rider is at serious risk. In an accident, nothing stands between the motorcyclist and the road or other drivers on the road. For that reason, motorcycle accidents tend to cause serious injuries that bring high medical bills.
In many motorcycle accidents, another person is partially or totally at fault for the crash. This means the rider or the rider’s family has the right to make a claim. Florin|Roebig has a team of motorcycle accident attorneys in Kissimmee that can help walk people through the claims process, helping them succeed in seeking damages for the accident and resulting injuries.
What Factors Lead To Motorcycle Accidents In Kissimmee?
When someone takes to the road on a motorcycle, they know the risk they face, and some of that risk comes from other vehicles. In over 40 percent of motorcycle accidents, another vehicle making a left turn in front of a motorcyclist driving straight is the cause of the accident.
In these cases, the motorcyclist has the right to seek a claim against the at-fault driver.
Other situations that could lend themselves to a motorcycle accident claim include:
- drivers passing into the cyclist’s lane without seeing the cyclist
- drivers failing to stop to avoid a collision with a motorcyclist
- drivers who are driving under the influence
Sometimes the motorcyclist is the one at fault, and sometimes they are involved in accidents that do not involve other vehicles. In 2016 across the U.S., 37 percent of motorcyclists who died in a single-vehicle crash were under the influence of alcohol.
Other cases that are at the fault of the motorcyclist may include:
- riding without protective gear, like a helmet
- riding without a motorcycle license
- failing to follow the rules of the road
- failing to yield
- failing to pay attention to other drivers
Finally, riding in an urban area increases the risk of a motorcycle accident. These accidents could be the rider’s fault or the fault of other drivers, depending on the circumstances.
What You Need To Know About Motorcycle Accident Claims
Motorcycle accident cases fall under Florida’s personal injury law. These types of cases require proof of negligence, which hinges on three steps.
First, to prove negligence you must prove that the other party had a duty toward you in some way, such as the duty to follow traffic regulations. Second, you must prove that the person failed to perform that duty. Finally, to prove a motorcycle accident claim involving negligence, you must prove that negligence was a contributing factor to the accident and resulting injuries.
Florida is a comparative negligence state. This means that negligence can be found on the part of both the other driver and the motorcyclist. When the motorcyclist holds some of the fault, the amount of the claim is reduced by the percent of fault placed on the motorcyclist.
Because of the complexity of personal injury law in Florida, one of the first things to do after an accident, after seeking appropriate medical care, is to contact an attorney. Motorcycle accident attorneys in Kissimmee can help victims understand their rights and whether they should file a claim.
Reasons People File Motorcycle Accident Claims
People who choose to file motorcycle accident claims in Kissimmee have many reasons for doing so. The most common reason is the desire to seek damages. Damages are financial awards for the accident to cover the costs of resulting injuries or loss.
Sometimes people will file a claim in an attempt to prevent future accidents. By holding the other party liable for their actions, motorcyclists hope to bring awareness to the dangers on the road and teach the driver a lesson about safe driving practices.
Finally, sometimes people file motorcycle accident claims to hold the other party responsible, asking them to pay for their actions.
Types Of Damages Awarded For Motorcycle Accident Claims In Kissimmee
Motorcycle accident lawyers in Kissimmee can pursue several types of damages on behalf of their clients.
These include:
- property damage — These awards cover payments for repairing property damaged in the accident. This includes damage to the motorcycle, as well as replacing the motorcycle if it was totaled.
- medical bills — Because motorcycles provide minimal protection, motorcycle accidents can cause serious injuries leading to hefty medical bills. Motorcycle accident attorneys in Kissimmee can help get damages to cover those bills.
- lost earning capacity — If the injured party is permanently disabled or killed as a result of the accident, that individual’s future earning capacity is lost. This type of damage seeks to recover some or all of that lost income, protecting the victim and the victim’s family from financial struggles.
- pain and suffering — Pain and suffering are common after a serious accident, and this can be hard to put a value on. A skilled attorney will help victims understand the impact of the psychological damage they suffer.
- punitive damages — These are some of the hardest types of damages to seek. They do not cover any physical bills, but simply seek to punish the at-fault party for their actions and negligence.
Knowing What Your Claim Is Worth
The circumstances in a motorcycle crash dictate the value of the claim. This means determining the potential value of a claim requires a consultation with a team of motorcycle accident attorneys in Kissimmee.
Some of the factors that have a direct impact on a claim’s value include:
- lost earning abilities and wages
- trauma and psychological damages
- extent of the injuries
- cost of recovery and medical bills
- overall impact on quality of life
- property damage
- severity of the at-fault driver’s negligence
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Do You Need To Hire A Motorcycle Accident Attorney?
Florida law does not require the services of an attorney to file motorcycle accident claims in Kissimmee, but you will get a better result if you work with a skilled legal professional. Experienced motorcycle accident lawyers know how to dig into the details of the case and the evidence to get the best possible results for their clients.
Motorcycle accident attorneys also understand the legalities surrounding these cases, including the statute of limitations and the complex idea of comparative negligence. By working with an attorney, victims and their families will have the best chance of receiving fair and just damages for their claim.
Motorcycle Accident Rates In Kissimmee And Osceola County
Motorcycle accidents continue to claim lives and cause serious injuries throughout Kissimmee and Osceola County:
- In 2017, Osceola had 147 total motorcycle crashes.
- Out of those accidents, six were fatal.
- In those crashes, 127 motorcyclists were injured.
- The three-year average from 2015-2017 was eight motorcycle fatalities.
List Of Motorcycle Accident Attorneys Serving Kissimmee
Victims in motorcycle accidents have the right to make a claim, and working with a team of motorcycle accident lawyers can make that claim more successful. Florin|Roebig has a large team of experienced motorcycle accident attorneys serving Kissimmee, and other areas throughout Florida, who are ready to help.
This team includes:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Michael L. Walker, B.C.S.
- Chase P. Florin, B.C.S.
- Neil P. O’Brien, M.B.A.
- Shaun M. Cummings
- Luca G. Esposito
- Taylor D. Roebig
- Michael A. Ossi, O.C.
- Lawrence J. Najem, O.C.
- Andrew M. Leone, O.C.
- Nollys R. Solarte, O.C.
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Reach Out For Help With Your Motorcycle Accident Claim
If you are a victim in a motorcycle accident claim, the days after your accident are critical to ensuring you get a fair chance at filing a claim. Contact a motorcycle accident attorney early for help filing a claim in Kissimmee. The experienced team at Florin|Roebig has the legal knowledge you need for success in the days ahead.
