Motorcycle Accident Lawyer Orlando | Motorcycle Crash Attorney Florida

Orlando Motorcycle Accident Attorney Explains How She First Evaluates Accident Fault

When you are injured on your bike, we first want to hear why you think the other car was at-fault. Your version of the accident is our starting point for our collection of evidence, and determination of accident fault. Whether that other driver will be financially responsible for your injuries can be very complicated, requiring a detailed analysis (sometimes even by experts in accident reconstruction), or quite simple. After your statement, the next thing is to determine whether there are any independent witnesses to the accident. We also might consider the damage to your bike, your body, your helmet, your clothing, your passengers, the other driver’s vehicle, or the roadway.

This is one more reason to call us right away. Motorcyclists are classic targets for the argument that “the victim was careless and either contributed to the accident, or caused it entirely.” We help you build the story, with evidence, that you have always been a responsible rider. That can come from your own testimony, or from friends and family.

I still remember one young man whose motorcycle landed on the hood of the car that hit him. He and his father were both avid motorcyclists, with a long history of studying the written and unwritten “rules of the road” for motorcycles. They both knew them well. That testimony really helped prove he was a responsible rider, and that his alleged “carelessness” was simply a fantasy of the auto insurance defense lawyer.

Orlando Motorcycle Accident Attorney Explains The Burden Of Proof

To recover money after a motorcycle accident, the injured person must prove that the other party caused their damages and their injuries.  You would be amazed at the amount of work that goes into every serious motorcycle injury or death lawsuit when there is any debate about who caused the accident OR the seriousness of the injuries (and there usually are big fights about both).  These legal battles can be more difficult in motorcycle accidents for a variety of reasons.  This is particularly true if the driver of the bike was not conscious right after of the accident, or even died.

Regardless of how easy or difficult it is to get the needed evidence, you must prove three things: (1) who caused the accident; (2) that the accident caused your injuries; and (3) that your injuries are as serious as you say they are.  (Technically, the legal burden of proof in motorcycle accident lawsuits is “more probable than not.” That means, to recover any money for your injuries, you must prove that there is a greater than 50% likelihood that your version of the accident and injuries is the truth.)

Other Parties That Could Be Responsible For Orlando Motorcycle Accidents

In addition to whatever happened on the roadway, there may be others (in addition to the at-fault driver) partly to blame for your injuries, such as those who developed, manufactured or sold the motorcycle itself, motorcycle parts and/or motorcycle helmet (product defects), roadway design issues, defective repair issues, rental companies if you were renting your motorcycle or moped, and motorcycle safety equipment manufacturers or sellers.  However, unless the injuries are extremely catastrophic (like amputation, paralysis, blindness, severe burn injuries, or death), then usually it is only financially practical to seek recovery against that at-fault driver.  Only an Orlando motorcycle crash lawyer can properly evaluate whether anyone else might be held accountable for your accident.

Ejected Motorcycle Rider & Complicated Insurance Policy Question | Case Example

To give you an idea of why the insurance policies might created additional complications, I want to share just one of many published Florida motorcycle accident cases.

In this case, a motorcycle rider was driving through an intersection, when a car came ran a red light, and hit the motorcycle rider.  To try to avoid the crash, the motorcycle rider laid his bike on its side.  He went down, and broke his wrist.  Unfortunately, after he came through the first part of the accident broken but not catastrophically injured, the driver of another vehicle put his car in reverse, and drove over the motorcycle rider’s legs.  This caused catastrophic injuries to his legs.

The biker was able to recover $50,000 from the at-fault driver’s policy.  But that did not cover all of his injuries (as is often the case).  So the motorcycle rider then looked to his own policies.  One of the biker’s insurance policies insured his motorcycle with something called uninsured motorists protection (or “UM” coverage).  His UM policy also paid him the maximum policy limits of $25,000. So far, so good.  But, since $75,000 did not fully compensate him for his catastrophic injuries, he looked to recover from another UM policy with State Farm insurance, which he had purchased to cover other vehicles in his house. This last policy (the one with State Farm) raised a host of very complex legal issues because the State Farm policy had a very technical exclusion in their lengthy policy.  This is the exact language of that policy exclusion:

When Coverage Does Not Apply

THERE IS NO COVERAGE:

3. FOR BODILY INJURY TO AN INSURED WHILE OCCUPYING A MOTOR VEHICLE OWNED BY YOU, YOUR SPOUSE OR ANY RELATIVE IF IT IS NOT INSURED FOR THIS COVERAGE UNDER THIS POLICY….

The policies defined “occupying” to mean “in, on, entering or alighting from.”

Additionally, both his motorcycle policy, and the State Farm policy for other vehicles in his home, contained something called a non-stacking provision, which stated:

3. If an insured sustains bodily injury while not occupying a motor vehicle and other uninsured motor vehicle coverage is available:

b. THIS COVERAGE DOES NOT APPLY IF THE INSURED SELECTS ANY OTHER UNINSURED MOTOR VEHICLE COVERAGE UNDER WHICH TO MAKE A CLAIM.

This means that if he receives money from one UM policy, for an injury that he sustained while not occupying a motor vehicle, then he cannot recover under this other UM policy (which, by the way, is a good reason to choose stacking policies).

So the lawyers involved in that case had a long complicated court battle over what exactly those policies provisions meant.  They argued about the motorcycle rider was really “occupying” his vehicle (as occupying is defined in the policy) when his legs were run over, among other issues.  The court of appeals ultimately decided that the driver’s case should continue because the record evidence did not establish, one way or another, how long the motorcycle driver had been laying on the ground before the car ran over his legs.  (So whether he was “occupying” the vehicle, as defined in the policy, was factually unclear — which usually means that a jury must decide the issue, not a judge.)

So there was a highly complex legal and factual dispute, involving careful interpretation of the policy language, careful evaluation of the record evidence (which both parties had sought and obtained through a process called “discovery,”) and careful research involving the applicable law.  Sometimes, in similar battles, the cases are dismissed entirely by the court and never reach a jury because the judge decides that the injured motorcycle rider cannot possibly establish a case for recovery because of limiting language in the policy (so there would be no need to have a jury evaluate factual disputes).  That’s what State Farm was trying to accomplish in that case and it almost worked.

Thankfully the driver in that case was allowed to continue pursuing his lawsuit.  But, even after years of fighting that battle through the courts, and an appeal, he still faced the possibility that if facts were established to show that he had only been on the ground for a short period of time before he was run over, under the terms of his particular policy, then State Farm could try again to file another motion to have the case dismissed, and kept from a jury (and all policies vary, so questions related to insurance policy coverage absolutely must be carefully evaluated by an Orlando motorcycle accident lawyer).

The good news in that type of case is that usually insurance companies will settle a case when a judge has beaten them down too much.  They often do not want to risk going to a jury on a factual dispute.

The bottom line is that this is just one of 1000s of cases in Florida which, together with applicable statutes, and your and other drivers’ insurance policies, determine whether, and to what financial extent, you can recover from any accident.  So, if you have been injured, you absolutely must seek the advice of an Orlando motorcycle accident lawyer to determine how best to prepare your potential lawsuit given the unique facts of YOUR case.

What To Do Immediately After A Motorcycle Accident

Because motorcycle accidents very often involve serious injuries, I cannot understate the critical importance of seeking IMMEDIATE medical attention and then contacting an Orlando biker accident lawyer.  Additionally, keep all evidence and take as many photos as you can, of yourself, your injuries, any medical devices given to you after you accident, you sitting in the hospital or ambulance, your motorcycle, any other involved vehicles, and the roadway.  You should also seek to get any and all insurance information from the other driver and the police report.

But the two most absolutely critical aspects of preparing to file a claim against your or anyone else’s insurance policy are to get immediate medical help and then contact an attorney.  Some of the most important parts of preparing motorcycle accident case for eventual trial (or settlement with an insurance company) happen in the immediate aftermath of the accident (and often do not go well if an attorney is not involved).

Unlike the good old days when insurance companies truly wanted to provide good service, insurance companies these days routinely offer to pay far less than they should on claims, and delay payment as long as possible, as their standard operating procedure.  To combat their very under-handed techniques, you absolutely must have an attorney to maximize your claim.  You will not get a reasonable settlement offer without an attorney.  It’s really just that simple.  Even attorneys often do not get reasonable settlement offers without extensive investigation and sometimes filing lawsuits and fighting like heck for a long time for YOUR rights under a policy, even when you paid good money for that policy expecting and deserving coverage!  It’s really unbelievable that insurance companies get away with handling claims the way that they do.  But the best solution is to have someone who really cares, who will give you highly personalized service, and who will fight these big companies at every stage of potential settlement or litigation.

Florida now has a two-year statute of limitations for most accident cases (it used to be four years). But the deadline isn’t really the most urgent problem. We need to start collecting and generating evidence as soon as possible after the accident. In many cases, we have to turn down representation because someone waited too long to contact us. We cannot prove a case without evidence that disappears over time, and we definitely cannot prove it without prompt and thorough medical treatment and evaluation.

So you shouldn’t be thinking about a deadline two years from now. You should be thinking urgently about getting consistent medical treatment, and about calling us so we can start collecting other evidence. That’s especially true in the most severe motorcycle accidents, where skid marks, bike damage, and eyewitness testimony can tell the story of your lack of fault. That story disappears, or gets much fuzzier, as time goes by.

It’s also important to know that WE have the burden of proof. We must prove that the other driver was at fault, by a preponderance of the evidence (more likely than not), and the jury decides what percentage of fault belongs to each person. Under Florida law, if you’re found more than 50% at fault, you recover nothing. That’s why WE need clear evidence about what really happened, and that works best when we get started ASAP.

Two Common Causes of Florida Motorcycle Accidents

If you have been involved in a motorcycle accident, and you call me, one of the first things I will try to determine is who or what caused or contributed to the accident.  These are two common causes.

Negligent Drivers Who Violate Bikers’ Right of Way

The reality of riding a motorcycle is that you have to watch out for yourself because many drivers do not respect the rights of motorcycle riders (or just are not nearly as careful as they should be).  So other drivers on the road often do not look for motorcycles, and then violate the right of way of the motorcycle rider.  As a result, many motorcycle accidents are caused by drivers who turn into the path of a motorcycle, when the drivers are making a left-hand turn.

Defective Motorcycles

Many of the parts on motorcycles have varying degrees of design defects.  Among them are all sorts of design flaws and faulty individual parts, along with poor repair work.

Orlando Motorcycle Accident Cases We’ve Handled

We handled one motorcycle accident case where the rider was killed in a crash that was not his fault. I’ll never forget the heartbreak of his sister, who called me. Unfortunately, we could only recover $75,000, because that was the at-fault driver’s insurance policy limit. But rest assured, we will fight for every penny for an injured or killed motorcyclist, and we will not be intimidated when insurance defense lawyers try to blame the victim.

I also remember walking into another young man’s apartment, where he was sitting in a recliner covered in bandages, with his broken leg propped up on the ottoman. He was scared, and understandably so. The good news is that his youth allowed him to fully recover. We again used his long history of careful riding to recover over $200,000 for his injuries. Injuries that heal completely are worth less than permanent ones, but of course we, and our clients, would always choose a full recovery over a higher case value.