Motorcyclists don’t have the same luxuries of protection as other motorists. That means if you get into an accident, the likelihood of ending up with severe or permanent injuries increases. This could mean lifelong medical expenses, rehabilitation care, and requiring assistance with things you didn’t need before.
You are probably worried about paying your medical bills and losing income due to your accident-related injuries. At this difficult time, you should focus on your recovery. Allow an Ocoee personal injury lawyer from the Law Offices of Anidjar & Levine to assist you by building a strong case for compensation. Our team will investigate what happened, identify the liable party, and hold them accountable for your damages.
Florida Laws That May Apply To Your Motorcycle Accident Case
As a motorcyclist in Florida, you have certain rights under the law. Being informed allows you to explore your legal options and choose the best path toward financial recovery. Here are some laws that may apply to your case:
- Florida Helmet Law: As of 2022, all motorcyclists must wear protective headgear complying with Federal Motorcycle Vehicle Safety Standard 218.
- Headlight Law: You are required to always have your headlights turned on.
- Motorcycle Endorsement Law: You must be issued a motorcycle endorsement from Florida’s Department of Motor Vehicles to lawfully operate a motorcycle in the state.
- Lane-Splitting Laws: Lane-splitting and stunts are strictly prohibited in Florida.
The at-fault party may attempt to use these laws against you to deny liability. Our attorneys will protect you against false allegations and provide evidence that supports your injury claim.
Compensation Available In An Ocoee Motorcycle Accident
When you’re involved in an accident, you are within your right to pursue compensation for your losses. The compensation available to you will depend on the severity of your injuries and the damages you sustained.
Our attorneys will value your claim based on economic and non-economic damages, such as:
- Ambulance transport
- Emergency room service costs
- Current and future medical bills
- Lost wages or reduced earning capacity
- Pain and suffering
If you lost a loved one in a motorcycle accident, please accept our deepest sympathies. Our personal injury attorney serving Ocoee can fight for additional damages you may be entitled to in a wrongful death action. These damages may include your family member’s medical expenses, funeral and burial costs, and pain and suffering.
How Is Fault Determined In An Ocoee Motorcycle Accident Case?
Florida follows the no-fault auto insurance system, meaning motorists are required to turn to their insurance first for compensation for their injuries. This was enacted in an effort to reduce the number of accident cases the court handles for minor injuries and eliminate the need to prove fault with the other party.
However, this system does not apply to motorcycle accidents. Therefore, we must first determine who was responsible. Legally, you must prove the following elements:
- Duty of care: The at-fault driver had a duty of care not to cause you harm.
- Breach of duty: The at-fault driver breached their duty of care.
- Causation: Their breach of duty caused the accident.
- Damages: You were injured and sustained damages as a result of the accident.
To prove this, we can use evidence such as eyewitness statements, photographs from the scene, and police and medical reports.
What To Expect In An Ocoee Motorcycle Accident Case
After a motorcycle accident, sometimes the most pressing question is – What happens next? If you’ve never been in this situation, it’s understandably difficult to navigate. Our attorneys are prepared to walk you through the process every step of the way.
Here’s a general overview of what you can expect.
Your initial free consultation will consist of providing a summary of the accident, your interactions with the insurance company thus far (if any) and addressing any questions you may have. We’ll advise you on how to move forward with your case, and if we’re a good fit, we can get your claim started.
We’ll review the details of your case, investigate your accident, and compile evidence for your claim. We will also obtain a copy of the police report and your medical records upon your permission.
Demand Letter And Negotiations
A demand letter details the extent of the losses you sustained and assigns a value to your claim. It’s our official request for compensation from the at-fault’s insurance company and opens the door to negotiations. We may go back and forth with the insurance company until we agree on a fair settlement offer.
Filing A Lawsuit, If Necessary
Not all cases settle out of court. If we can’t reach a settlement agreement, we’re prepared to file a civil lawsuit and represent your interests in court.
Motorcycle Accidents Are A Growing Problem In Ocoee, FL
Orange County reported 480 motorcycle crashes in 2021, according to Florida Highway Safety Motor Vehicles (FLHSMV) data. Those crashes led to 411 injuries and 28 fatalities.
While many uncontrollable factors could lead to motorcycle accidents, statistics show that negligence is the underlying factor in nearly all accident cases. The most common reasons for motorcycle accidents in Florida are:
- Distracted driving
- Intoxicated driving
- Ignoring traffic signs or signals
- Aggressive driving/road rage
Unfortunately, motorists don’t always understand the consequences of their actions until someone gets hurt. Our attorneys are prepared to hold them accountable for their actions and make sure they pay for the damage they caused you.
Call The Law Offices Of Anidjar & Levine Today For Help With Your Case
You don’t have to navigate your case alone. Right now, your priority is getting better. Let us take over your case for you so that you can focus on the important things.
When you hire our team, you won’t feel like just a number. You’ll get:
- Access to your attorney’s direct line
- Frequent case updates
- Timely responses to your questions and concerns
- Assistance with car repairs and scheduling medical appointments
When you’re down on your luck, you need an Ocoee motorcycle accident lawyer to help you through it. Call our team today to discuss your case. The consultation is free.
We Can Help.