Kissimmee Motorcycle Accident Lawyer
Helping Clients Throughout Osceola County
When it comes to motorcycles, Florida leads the nation in a couple of ways – the highest (or nearly highest) number of motorcycle registrations and the most (or nearly most) motorcycle crashes, injuries and deaths. In any collision, especially a high-speed impact, the virtually unprotected motorcycle rider almost always risks severe injury or worse. Statistics show that motorcycle riders account for approximately 20% of traffic deaths in Florida every year, even though less than ten percent of motor vehicles registered in the state are motorcycles. No matter how skilled or attentive riders are, they are no match for a negligent, reckless or aggressive driver, especially one who is drinking and driving or texting while driving.
Motorcycle riders not only encounter much more severe injuries and death more often than other drivers, but they also face an uphill battle when it comes to recovering compensation for their injuries. For a number of reasons, the deck is stacked against injured bikers seeking money damages for the harm done to them. In Osceola County, the experienced Kissimmee motorcycle accident lawyers at Draper Law Office understand these challenges and dedicate themselves to recovering a full and fair amount of compensation for injured riders. If you or a loved one has been hurt in a motorcycle crash in Kissimmee, Davenport or Celebration, call Draper Law Office for a no-cost, confidential consultation.
How Do Motorcycle Accident Claims Work in Florida?
When most motor vehicle drivers get into an accident, they can get no-fault insurance benefits through their Personal Injury Protection (PIP) coverage. This insurance pays victims for 80% of their medical costs and 60% of lost wages, regardless of whether or not they were at fault in causing the accident. PIP benefits are even available to people who are injured as pedestrians or bicyclists.
There is one group that is left out of PIP insurance, however, and that group is motorcycles. Ten thousand dollars worth of PIP insurance is required by law for any registered vehicle, except that Florida law does not require motorcycles to carry PIP coverage. Because of this fact, very few, if any, insurance companies offer these no-fault policies to motorcycles.
Being outside of Florida’s no-fault system does have a bright side, however. Injury victims covered by PIP insurance are restricted from filing a lawsuit against the driver who caused the accident unless their injuries are considered “permanent” within the meaning of Florida insurance law. Unless accident victims can get over this hurdle, they are limited to no-fault benefits only, which only pays a portion of medical costs and lost wages, up to $10,000 at the most.
Since they don’t participate in the no-fault system, motorcycle riders can proceed straight to a claim directly against the driver who hit them. If successful, the injured rider can recover the full amount of medical expenses and lost income, as well as pain and suffering damages. Succeeding on a claim requires being able to prove, in court if necessary, that the other driver was at fault in the accident, as well as proving the extent of the injury and legal damages. Negligent drivers and their insurance companies, meanwhile, will try to paint the motorcyclist as the negligent party, and they might dispute the amount of damages as well. This works to the insurance company’s advantage because many people are quick to assume that motorcycle riders are aggressive or reckless drivers, so any accident must be at least partly their fault. Any percentage of blame put on the rider reduces the amount of compensation they can recover, even if they prove the driver was at fault due to distracted driving or some other type of negligence.
At Draper Law Office, our Kissimmee motorcycle accident lawyers take the time to thoroughly investigate the facts of the accident, determine who was at fault, and marshal the evidence that proves the negligent driver’s liability and the amount of damages. We’ll also fight back vigorously against unfounded allegations that the rider was to blame when they weren’t. Juries sometimes like to compromise, but we hold them to their job as the triers of fact and insist they act according to the evidence. Whether settling your case out of court or going all the way to a jury verdict, our tenacious personal injury attorneys work tirelessly to see that you are fairly compensated for the harm done to you.
Get the Help You Need After a Motorcycle Accident in Kissimmee or Osceola County
If you or a loved one has been injured in a motorcycle accident in Osceola County, call the Kissimmee motorcycle accident lawyers at Draper Law Office at 407-846-0075 for a free consultation on your potential claims and the best way to proceed to get the financial help you need and deserve.