You may not be able to prevent a negligent motorist from crashing their vehicle into you while you are riding your motorcycle. Regardless, you may hold this driver responsible for their actions. To do so, you may want to connect with an Orlando personal injury lawyer to explore your legal options.
At The Schiller Kessler Group, our team is dedicated to helping those injured by the negligence of others. Our Orlando motorcycle accident lawyer is available to discuss your case. To get started, contact us today.
What to Do After a Motorcycle Crash
According to the National Safety Council (NSC), motorcycles make up approximately 3% of all registered vehicles in the United States. Motorcycle accidents are reported every day, and many riders have no idea how to respond to these incidents. Here are things you can do to protect yourself and others in the moments following your motorcycling crash:
- Get evaluated and treated for any injuries.
- Alert the police to come to the scene.
- File an incident report.
- Take photos of property damage, skid marks, and road hazards.
- Try to get witness statements and contact information.
- Inform your insurance provider about your accident and start a claim.
- Consult with an Orlando motorcycle accident attorney.
The Schiller Kessler Group takes an aggressive approach to personal injury case representation. Our motorcycle accident lawyer in Orlando is here to help you with your injury claim. For more information, reach out to us.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
How to File a Motorcycle Accident Claim
You may be wondering if motorcycle insurance is required in Florida. To legally operate a motorcycle, you must have insurance. You may have no-fault coverage, which may provide you with compensation following your motorcycling crash.
With no-fault insurance, you can notify your insurer about your motorcycling collision as soon as it happens. If you have sufficient coverage, you may get all of the compensation you need to recover from your crash. This coverage protects you even if someone else is responsible for your accident.
There are times when you may not have enough coverage for all of your losses. At these times, you may have to move forward with a personal injury lawsuit. A motorcycle accident attorney in Orlando can help you submit your claim for damages from an at-fault party in accordance with Florida’s statute of limitations.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
Statute of Limitations for a Motorcycle Accident Claim
A motorcycle accident lawyer in Orlando can answer frequently asked questions and others relating to the statute of limitations for injury claims. You may have up to two years from the date of your motorcycle crash to pursue damages as part of an injury lawsuit. Beyond two years, you may be 100% responsible for all of your accident-related losses.
You may be able to ask for economic and non-economic damages in your lawsuit. A judge or jury may provide you with economic compensation based on your medical bills, lost wages, and other quantifiable losses. You may get non-economic damages for your pain, suffering, and other subjective losses.
Just because you ask for compensation in a motorcycling crash case does not guarantee you will receive damages. The defendant in your lawsuit may do everything within their power to dispute your claim. They may try to show you were in some way at fault.
Comparative Negligence in a Motorcycle Collision Case
On March 24, 2023, House Bill (HB) 837 went into effect. The bill impacts plaintiffs in personal injury cases. If you are found to be partly responsible for your motorcycle accident, the damages you receive may be reduced by your percentage of fault.
For example, a judge or jury may deem you are 10% responsible for your motorcycling accident. If this occurs, the judge or jury determines the defendant in your case is 90% at fault. Therefore, the defendant may be required to pay you 90% of the damages you originally requested.
In a case where you are determined to be primarily at fault, you may be ineligible to receive damages. For instance, a judge or jury may say you are 51% liable for your motorcycle crash. In this instance, the defendant may not have to pay you damages, and you may be solely responsible for your collision-related losses.
Proving Negligence in a Motorcycling Accident Case
Working with a motorcycle accident attorney in Orlando who has helped clients achieve outstanding case results may be beneficial. This lawyer can help you collect a body of evidence to prove fault. Also, they may be able to verify the following elements of negligence were present at the time of your motorcycling collision:
- An at-fault party had a legal obligation to avoid careless and reckless acts toward you.
- The party violated this obligation, committing a careless and reckless act that put you in danger.
- Since the party breached their obligation, your accident happened, and you got hurt.
- You are dealing with economic or non-economic losses because of the party’s actions.
Your attorney may use accident scene photos, police reports, and other pieces of evidence to help you prove negligence. If you have a wide range of proof, the defendant in your case may be inclined to offer a settlement. They may even propose a settlement that gives you enough compensation to fully recover from your accident and injury.
Motorcycling Crash Case Settlement
If you are injured in an accident, your attorney can help you avoid legal mistakes. One of the most common mistakes motorcycle accident victims make involves accepting a lowball settlement. To avoid this mistake, it may be a good idea to consult with a lawyer if you receive a settlement offer.
Your lawyer can evaluate a settlement proposal with you. If your attorney believes a settlement offer is far less than what you deserve, they will let you know. You may weigh the pros and cons of an offer and decide whether to accept or decline it.
With a settlement proposal, you have the final say. If you are satisfied with a proposal, you can approve it. At this point, you will get compensation from the at-fault party and close your case.
Hire an Orlando Motorcycle Accident Lawyer
The Schiller Kessler Group is a cut above other personal injury law firms in Florida. Our Orlando motorcycle accident attorney can examine your case and help you determine where to go from here. To schedule a free case evaluation, contact us today.
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