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The Best Motorcycle Accident Lawyers in Kissimmee, FL

Getting on the road involves some level of risk even in favorable conditions, and motorcyclists face a higher degree of risk as they don’t have a physical enclosure to protect them from external elements. Though helmets offer protection, their bodies are exposed to direct high-impact collisions from vehicles and objects.

Motorcyclists harmed in a crash have a higher chance of sustaining significant injuries and fatalities. It’s critical to practice motorcycle safety to ensure secure travel for everyone on the road, including all passengers wearing helmets, not speeding or driving recklessly, and being mindful of compromising weather and road conditions.

If you’ve recently been in a motorcycle accident, you must contact a personal injury lawyer as soon as possible as they can support you through the complex process of a personal injury lawsuit and help you get the compensation you deserve. For a free consultation, in English or Spanish, please contact the legal professionals at Ward Law to learn about your rights after a motorcycle accident and whether you’re entitled to compensation for your injuries and damages. We provide legal counsel to motorcycle riders and help them take the legal action they need to obtain the compensation they deserve from the responsible parties.

Common Causes of Motorcycle Accidents in Kissimmee

The most common causes of motorcycle accidents include:

  • Motorists failing to see motorcycles: Motorcycles are among the most miniature vehicles on the road, and people often don’t see the motorcycle in time to prevent a collision. Motorcycles may be difficult to avoid colliding with because they might be in a motorists’ blind spot, they can appear to be traveling slower than they are, and they have single headlights, making them harder to spot at night.
  • Motorists making left turns in the path of a motorcycle: Left-turn collisions are a common cause of all motor vehicle accidents, especially for motorcyclists. They usually occur when a motorist making a left turn doesn’t see a motorcycle passing straight through an intersection or attempting to pass the car.
  • Lane Splitting: When motorcycles ride between two lanes of slowly moving or stopped cars, they put themselves in greater danger. Due to the proximity of motorcycles to adjacent vehicles, there is limited space to maneuver and a higher chance of collision.
  • Speeding of the motorist and other vehicles: Motorcyclists hit by other speeding vehicles are at extremely high risk of sustaining severe injuries. Motorcyclists tend to speed and weave through traffic, making the bike harder to control, with a lower ability to brake abruptly.
  • Intoxication: Motorcyclists or other motorists under the influence of alcohol or drugs may have slower reaction times and a loss of depth perception, putting them at heightened risk for collisions.
  • Collisions with fixed objects: Major and fatal injuries can occur when motorcyclists veer off the road and hit fixed objects, such as buildings, trees, poles, etc. They can crash directly into the object or eject from the motorcycle due to the force of the crash and find themselves thrust against an object.
  • Road Hazards: Minor hazards such as potholes, puddles, uneven surfaces, and debris can cause a motorcyclist to lose control and crash.
  • Weather Conditions: Rain and snow cause roads to be slippery, and motorcyclists, especially those speeding, are more prone to swerving off the road or into oncoming traffic as a result.
  • Defective Equipment: Motorcyclists’ bikes might have faulty equipment, such as faulty tires, wiring, and brakes, or jammed throttles, etc., leading to a loss of control or failure to operate or maneuver the bike properly and subsequent crash.

Are motorcyclists at an increased risk for accidents?

Due to the lack of physical protection for riders, lack of helmet use, and lower visibility of motorcycles on the road, motorcyclists are at significantly higher risk of accidents, injuries, and fatalities. According to the US Department of Transportation National Highway Traffic Safety, Florida has the highest rate of motorcycle accidents and deaths in the country.

Below are statistics for motorcycle accidents in Florida per the 2019 Florida Highway Safety and Motor Vehicles crash report:

  • Motorcyclist fatalities: 521
  • Motorcyclist incapacitating: injuries: 1,885
  • Motorcyclist other injuries: 5,200
  • Motorcycle passenger fatalities: 29
  • Motorcycle passenger incapacitating injuries: 187
  • Motorcycle passenger other injuries: 447

Specifically in Kissimmee, due to an influx of visitors from all over the world, traffic and motorcycle accidents are prevalent. Many people travel to the Central Florida destination to experience popular tourist sites and attractions in and near the Osceola County city, including Walt Disney World, Kennedy Space Center, SeaWorld Orlando, ICON Wheel, airboat rides, manatee encounters, Clearwater Beach, Central Florida Zoo, Universal Orlando Resort, Sea Life Orlando Aquarium and the Museum of Illusions. More people in the area equates to more cars, rideshare vehicles, and mass transit vehicles on the roadways, potentially leading to increased accidents, especially when drivers are unfamiliar with the location.

Tragic motorcycle accidents occurring in and around the Kissimmee region recently include:

  • May 5th, 2021: The fatal crash killed a 20-year-old Kissimmee man near Orange County. The motorcyclist hit a 2019 Ram pickup truck that was making a left turn in front of him, and the collision caused the motorcycle to catch on fire. The motorcyclist was pronounced dead at the scene, and the 48-year-old pickup driver was not injured.
  • February 9th, 2021: The fatal crash killed two motorcyclists near Orange Blossom Trail and Vintage Street. A 25-year-old motorcyclist was riding behind a 63-year-old motorcyclist who was slowing down to make a right turn. The 25-year-old motorcyclist did not slow down and crashed into the 63-year old motorcyclist (who was not wearing a helmet), causing them both to get knocked off their motorcycles. They both succumbed to their injuries and passed away that night at Osceola Regional Hospital.
  • November 2nd, 2020: The fatal crash killed a 41-year-old motorcyclist at South Poinciana Boulevard near Old Tampa Highway. The motorcyclist collided with a van that turned left in front of him, and emergency personnel transported him to the hospital, where they pronounced him dead. The 33-year-old driver of the van did not sustain any injuries.

Common Motorcycle Accident Injuries

Motorcycle injuries can vary in severity, from minor scrapes and bruises to major incapacitating injuries and fatalities. Motorcyclists sustain direct collisions to their bodies, and the human body cannot withstand such catastrophic impacts. In addition to physical injuries, victims can also suffer non-physical psychological harm.

Common physical injuries include:

  • Head Injuries: Traumatic brain injuries (TBI) can occur even if the motorcyclist was wearing a helmet. These injuries can cause seizures, dizziness, headaches, hearing loss, and other symptoms. In addition, TBIs can cause short-term pain, discomfort, and disorientation, and long-term cognitive impairment.
  • Road Rash/Biker’s Arm: Motorcyclists can sustain this type of injury when sliding sideways across the pavement after being thrown from the bike. This injury can be severe, causing skin irritation and infection.
  • Muscle Damage: Severe road rash can scrape away layers of muscle, causing muscle damage, or broken bones can rupture and damage surrounding muscle tissue.
  • Broken Bones and Joint Damage: Direct impacts to the body can break bones and cause joint damage or crushing injuries. The most common broken bones in motorcycle accidents are the skull, ribs, collarbone, arms, and legs.
    Spinal Cord Injuries: These injuries can lead to long-term or permanent disability and paralysis of one or multiple regions of the body.
  • Bruises, Cuts, and Sprains on the face and body: The severity of these injuries vary but can potentially result in permanent damage and scarring.

Common non-physical psychological injuries include:

  • PTSD (Post-Traumatic Stress Disorder): This debilitating mental health disorder can cause flashbacks, nightmares, panic attacks, social isolation, etc.
  • Depression and anxiety: These mental health ailments can result from PTSD or a side-effect of traumatic brain injuries and can vary in intensity.

If your loved one dies in a motorcycle accident, you might be entitled to file a wrongful death lawsuit, which is a civil action against the parties responsible for your family member’s death.

Relevant Florida Motorcycle Laws

The following motorcycle safety laws are in effect in Florida:

  • Helmets: All riders younger than 21-years-old must wear helmets. The law doesn’t require riders above age 21 to wear helmets if they can show proof of medical insurance coverage.
  • Lane Splitting (when motorcyclists ride between two lanes of slowly moving or stopped cars) is illegal.
  • Lane Filtering (when a motorcyclist moves between two lanes to overtake or pass another vehicle stopped at an intersection) is illegal.
  • Safety Course: Florida law requires all new motorcyclists to undergo a 15-hour motorcycle skill and safety course.
  • Headsets: It’s illegal for motorcyclists to wear earphones and headsets covering both ears and blocking surrounding sounds. The law permits motorcyclists to use headsets that only provide sound to one ear, allowing them to hear surrounding sounds with the other ear and headsets installed in the helmet if it doesn’t block the ears and enables them to hear surrounding sounds.

Motorcyclists who don’t follow safety laws and cause accidents resulting from their recklessness are liable, and victims can sue them for injuries and other damages.

What types of damages can I recover after a motorcycle accident in Kissimmee?

Victims of a motorcycle accident can receive compensation for economic damages (financial suffering) and non-economic damages (emotional pain and suffering).

Economic damages include:

  • Property damage
  • Lost wages for the period of missed work for recovery after the accident
  • Loss of future earning capacity due to permanent disabilities or paralysis
  • Medical costs (hospital bills and therapy)

Non-economic damages include:

  • Emotional trauma (such as stress, PTSD, depression, anxiety, etc.)
  • Punitive damages or additional compensation from the party at fault to punish them for the anguish caused by their recklessness (such as drunk drivers) and deter future wrongdoing

If your family member or loved one died in a car accident, you can potentially file a wrongful death lawsuit, which is a civil action against any or all parties responsible for their death. You can receive compensation for:

  • Medical expenses incurred while the deceased was alive
  • Burial and funeral costs
  • Lost wages from the date of injury until the date of death
  • Loss of future income or benefits
  • Loss of companionship after losing a spouse
  • Loss of parental companionship and guidance for minors
  • Emotional suffering

Who is liable for my damages after a motorcycle accident?

Florida has a no-fault law for all motorists driving vehicles with four or more wheels. They’re responsible for carrying their own Personal Injury Protection (PIP) insurance to cover their medical expenses, lost wages, or any other damages suffered if they get into an accident. This coverage must be at least $10,000 for personal injury and $10,000 for property damage.

In accidents in Florida, regardless of who’s at fault, all parties involved (passengers and drivers) must use their personal insurance to cover damages. In cases where a person’s PIP coverage isn’t enough to cover the entirety of damages, victims of an accident have the right to sue the at-fault party for damages exceeding $10,000.

Florida law excludes motorcyclists from this law. They may choose to carry insurance, but Florida law doesn’t regulate it, unlike PIP insurance. In the event of an accident, motorcyclists cannot seek compensatory damages from the at-fault driver’s PIP insurance policy (which doesn’t cover motorcycle injuries). However, they can file a personal injury suit directly against the at-fault party.

How can I prove negligence in a motorcycle accident?

Florida has comparative negligence laws, meaning if the plaintiff in a personal injury lawsuit is partially at fault for the accident, the judge or jury reduces their compensation amount proportionate to their percentage of fault.
If multiple parties are at fault for the accident, all parties must pay damages. Any at-fault party may request a financial contribution from the other at-fault parties if they have paid more than their share of common liability.

After regaining composure directly following a motorcycle accident, seeking immediate medical attention for all injured parties, and reporting the accident, it’s crucial to take these critical steps to gather evidence:

  • Talk to any witnesses: Get witness statements and contact information of anyone nearby that saw the accident happen.
  • Obtain the police report from after the accident.
  • Take evidentiary pictures: Take lots of pictures of the accident scene, injuries, other vehicles, damages, and any other evidence that could help prove that other parties were at fault.
  • Gather all medical bills for doctor’s visits to treat serious or minor injuries after the motorcycle crash.

It’s important to hire a personal injury lawyer as soon as possible after a motorcycle accident because the right attorney knows the exact steps and strategies to protect your legal interests and maximize your compensation.

How do Florida’s Personal Injury Protection (PIP) laws affect my motorcycle accident claim?

Florida’s PIP laws do not apply to motorcyclists, and they’re not required to carry PIP insurance. Additionally, they cannot seek compensatory damages from the at-fault driver’s PIP insurance policy, as PIP doesn’t cover motorcycle injuries. The best way for a motorcyclist to receive compensation is by filing a personal injury lawsuit directly against the at-fault party.
This law may change if Florida lawmakers pass SB 54, a bill to revise provisions in the Personal Injury Protection law. For more comprehensive information on SB 54 and its implications for motorcyclists, please contact the legal team at Ward Law for a free case evaluation.

This law may change if Florida lawmakers pass SB 54, a bill to revise provisions in the Personal Injury Protection law. For more comprehensive information on SB 54 and its implications for motorcyclists, please contact the legal team at Ward Law for a free case evaluation.

How long do I have to file a claim after a motorcycle accident in Kissimmee?

After a motorcycle accident, you should file a claim as soon as possible because waiting too long can affect the outcome of your case, not only due to the potential loss of or difficulty gathering evidence but also due to legal time restrictions to file civil lawsuits. You have within four years following the date of the accident to file a personal injury claim per Florida Statute 95.11.

How can a Kissimmee motorcycle accident attorney help me?

A personal injury lawsuit is complex, and you may be confused about what actions could potentially strengthen or damage your case, which is why legal advice is critical. After seeking medical attention and reporting the crash, the best course of action to take after a motorcycle accident is collecting as much evidence as possible at the scene and hiring a lawyer with years of experience handling personal injury claims. It’s imperative to partner with a trusted and dedicated law firm that can swiftly file all legal documentation, handle all correspondences with predatory insurance companies, and support you throughout the entire, often overwhelming, legal process.

The lawyers at Ward Law Group have over a decade of personal injury experience and will fight for you to get the compensation you deserve for the pain and anguish you’ve suffered. For a free consultation in English or Spanish, please contact our motorcycle accident attorneys at Ward Law today.

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The Ward Law Group, PL
1007 W Emmett St,
Kissimmee, FL 34741
Phone: (407) 986-0613

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Excellent service and attention! Speed, efficiency and respect with the client throughout the process. Thanks to accident attorney Jany Martinez-Ward.
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I would recommend The Ward Law Group attorneys if you are in a car accident. They are lawyers who fight your case to the end and always on your behalf. Not to mention their employees Delia and Lynnette are very efficient and are always attentive to the customer's questions. Thanks to accident attorney Jany Martinez-Ward.
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Wonderful experience being represented by the ward law group they are professional and effective. Jany is super professional she solves even the most severe cases with employees so any company is guaranteed permanent success.
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I have had two accidents and I have always called the Office of the accident attorney Jany Martinez-Ward, their attention and that of their employees is impeccable, always attentive to help me and answer my questions, I do not hesitate to recommend them. They are the best!

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