Motorcycles can be a fun way to get around. Many people ride and refurbish motorcycles as a hobby and find great personal fulfillment from their interactions with these vehicles. Their popularity is well understood and makes a lot of sense. For several reasons, motorcycles are popular in Florida. However, it’s important to understand that riding a motorcycle comes with significant risk. Motorcycles lack the safety equipment and features of a standard car or truck, making riders vulnerable to serious damage. What’s more, some motorcycles can travel at more than 150 miles per hour. At such speeds, accidents are often fatal.
Accidents are not always the fault of the motorcyclist, often far from it. Motorcycle riders often go unseen by other car and truck drivers because they lack the size and bulk of a normal car. Motorcycle accidents often occur because a passenger car changed lanes without properly checking their blind spot, abruptly pulled out of the driveway, or entered a highway without looking out for motorcyclists.
The lack of awareness of a motorcyclist’s presence is by far the biggest cause of motorcycle accidents. Other factors, such as road defects, lack of biker protection and weather conditions, come a distant second. The majority of motorcycle collisions could be prevented if car, bus and truck drivers paid more attention to the road.
If you or a loved one gets into a motorcycle accident, it’s important to know that you have rights. In many situations, motorcyclists can take legal action against the driver who hit them. Though this process won’t undo what happened, it can help you and your family to recover financially from the collision.
When it comes to motorcycle accidents, no attorneys can better assist you with the legal process than our team at Badgley Law Firm. Our team has decades of experience in motorcycle accident law, giving you the very best representation in your case. We understand the significant damage that motorcycle accidents can do to your health, your property, and your finances. We work diligently to help you get the compensation you need to move forward.
Unlike other law firms in the Orlando area, we have direct experience with these cases. We understand the distinctions between car accidents and motorcycle accidents, and our experience with these cases allows us to give you niche and accurate advice for your case. We are patient, compassionate, and understanding with our clients, but we work tenaciously in the courtroom to defend your rights.
No other Orlando motorcycle accident attorneys can give you the specialized, high-quality legal advice that our team at Badgley Law Firm can.
Florida motorcycle accident statistics are sobering. The Florida Highway Safety and Motor Vehicles (FLHSMV) reported more than 10,000 motorcycle accidents in 2015, an average of about 30 each day. These resulted in 584 fatalities (a staggering 30% rise from the previous year) and 9,045 injuries (a 2% increase from 2014).
Accident rates remain high to this day, with nearly 600 motorcycle fatalities in 2021. Despite this, many riders forgo basic safety equipment, such as helmets and body protection. This leads to more severe injuries if an accident should occur. Many of these fatalities could have otherwise been prevented by the presence of protective equipment.
Still, accidents are often not the motorcyclist’s fault. Many cars fail to properly check for motorcyclists or can’t see them with their limited range of sight. This leaves them vulnerable to being side-swiped during lane changes and merging procedures.
To receive the compensation that you deserve after a motorcycle accident, it’s important to prove that the other driver acted negligently when they hurt you. Many people don’t understand the idea of negligence in this context, though it’s important.
When drivers become licensed, they must study for and pass a driving test. This test outlines the rules of the road and makes it clear to drivers what their responsibilities are when they operate a vehicle. Therefore, if they fail to follow the rules of the road when they drive, they are neglecting their responsibility as a driver. This neglect is punishable through a personal injury settlement in civil court.
Negligence can look many different ways. Some common ways that drivers act negligently include:
One common way that drivers are negligent in relation to motorcyclists is failing to properly check their blind spots when changing lanes. Drivers are required to make proper mirror and blind spot checks when driving. If they do not, they are considered negligent and can be held responsible.
Proving negligence of the other driver after a collision will depend upon your unique situation. Your attorney will assemble proof depending on what is available. Ideally, they would get most of the following:
Unfortunately, these resources are not available in all scenarios. Some accidents occur on side streets or back roads where there is no one to witness or record what happened. Your attorney will do their best to assemble proof in accordance with your situation.
If you or your loved one was injured in a motorcycle accident due to another road user’s negligence, seeking medical assistance should be the first priority. Do not brush aside the incident even if you are not experiencing pain or demonstrating outward injury. For instance, closed head trauma may only become apparent hours or days after the event. The faster you seek medical care, the better your chances of making a full recovery. While at the accident, take photos of the vehicles involved. Make sure you preserve as evidence all the protective gear you were wearing at the time of the crash.
Once you have started to receive treatment, you will want to pursue compensation for the medical costs, lost work hours and any other expenses you incur as a result. This is no small task. Insurance companies are primarily driven by profit, so their goal is to pay as little in the way of claims as possible. The driver who hit you may want to reject blame for the accident as this can lead to multiple adverse consequences depending on the circumstances.
Your first priority after an accident will be seeking medical advice. However, there are other actions you should take if you are able that will preserve your case and ensure you get the compensation you require.
If you can, do the following at the scene of the accident:
These steps can help your attorney build a strong, accurate case in your favor. However, as mentioned, your health is top priority. Since injuries are very common in motorcycle accidents, stay where you are if you believe you’ve been hurt. You should seek medical care to ensure further damage does not occur. Only after you are cleared to move should you take the above actions.
If you are a motorcyclist, it’s important that you do everything possible to protect yourself. Though you can’t control the actions of others, you can certainly take precautions to protect yourself in case of an accident. Consider doing the following to remain as safe as possible:
These tips can help you to stay safe in case of an accident.
Pursuing a claim can be exhausting, especially if you are doing it while healing from physical injuries from the crash. Badgley Law Group has an experienced motorcycle injury attorney and a legal team that has handled a wide variety of motorcycle crash cases in Florida. We have developed a solid reputation for assisting clients involved in road accidents. Call us and talk to an Orlando motorcycle accident attorney about your case. Whether it involves accepting a settlement or taking the case to trial, we will find the best legal solution for your case.
Contact us online or call us for a free consultation at 407-781-0420.