
Motorcycles are a popular means of transportation in Central Florida. They provide riders with a degree of freedom other modes of transportation can’t match. Unfortunately, this freedom can come with a cost for victims of motorcycle accidents.
The seat belts, airbags, bumpers, and other safety features built into automobiles and trucks simply aren’t practical for a vehicle like a motorcycle. This makes motorcycle riders particularly vulnerable to severe injury in the event of an accident.
Central Florida Motorcycle Accident Injuries
Some of the most common serious injuries riders sustain in a Central Florida motorcycle accident include:
- Cuts and scrapes
- “Road rash”
- Broken bones
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Internal organ injuries
- Soft tissue injuries
- Amputation
- Disfigurement
Floridaās Motorcycle Helmet Law: Under Florida Statute § 316.211, riders 21 and older are not required to wear a helmet if they carry at least $10,000 in medical benefits coverage specifically for motorcycle accidents. Riders under 21 must always wear a helmet. All riders ā regardless of age ā must wear eye protection unless their motorcycle has a windshield.
Important for your claim: If you were not wearing a helmet and suffered head or neck injuries, insurance adjusters may try to reduce your compensation under Floridaās modified comparative fault rules ā arguing your injuries were partly your own fault. Not wearing a helmet is not automatic proof of fault, and you can still recover compensation. But it can complicate your claim. Attorney Tania Clark can help protect your rights and pursue the compensation you may be entitled to.
Common Causes of Motorcycle Accidents
Motorcyclists are often the victim of careless motorists. Most motorcycle/automobile accidents occur because the driver of the automobile simply wasn’t aware of the motorcycle’s presence when they went to change lanes, pull out into traffic, or go through an intersection. Distracted driving, speeding, and failing to obey posted traffic signs and signals are just a few of the ways an automobile driver can cause a motorcycle accident in Central Florida.
If you are a motorcyclist who was injured in a Central Florida motorcycle accident that was the result of the careless actions of an automobile driver, Florida state law gives you the right to seek compensation for the damages resulting from your accident-related injuries.
Seek Experienced Legal Representation After a Central Florida Motorcycle Accident
Filing a claim with the other driverās insurance company often isn’t enough. You need experienced representation at your side. Central Florida motorcycle accident attorney Tania Clark has represented riders injured in a wide range of motorcycle accidents. She is here to protect your rights to obtain the full compensation you deserve from the parties responsible for your accident.
Frequently Asked Questions ā Central Florida Motorcycle Accidents
Damages Resulting from a Central Florida Motorcycle Accident
In order to recover compensation for the damages resulting from your motorcycle accident, you’ll need to be able to establish that:
- An accident took place.
- The accident took place because of the careless or negligent actions of the defendant (the party you’re filing the claim against).
- You were injured as a result of this accident. And
- You suffered economic losses and other damages as a result of your motorcycle accident injuries.
Central Florida motorcycle accident attorney Tania Clark can assist you in many ways after your accident. In addition to helping you file your claim, she’ll be able to fully investigate your accident to collect the evidence you’ll need to support your claim. Attorney Attorney Tania Clark will use this evidence to help you determine the full extent of your damages and negotiate a satisfactory settlement with the at-fault party’s insurance company.
Damages in a Central Florida motorcycle accident often include:
- Medical expenses – current and anticipated expenses (ongoing medical treatment, physical therapy, medication, long-term care, etc.)
- Lost wages, loss of employment, and loss of future earning capacity
- Pain and suffering
- Property damage
Critical difference from car accident claims: Floridaās no-fault PIP insurance system does not apply to motorcycles (Florida Statute § 627.733). Unlike car accident victims, injured motorcyclists cannot rely on their own PIP policy to pay initial medical bills and lost wages. Instead, you must pursue compensation directly through a fault-based claim against the at-fault driverās liability insurance or a personal injury lawsuit.
This means there is no automatic first-party payment source covering your bills while your case is pending. Contact TLC Trial Team immediately after a motorcycle accident ā the absence of PIP makes it even more critical to move quickly.
How Floridaās Modified Comparative Negligence Law Affects Your Motorcycle Claim
Floridaās 2023 tort reform under House Bill 837 changed the rules on fault and compensation for all personal injury cases ā including motorcycle accidents. Under the new modified comparative negligence system, if you are found to be 51% or more at fault for an accident, you cannot recover any damages at all.
Example: If you were 25% at fault and your total damages are $200,000, you can recover $150,000. But if a jury finds you 51% at fault, you recover nothing.
Important precision: A rider found exactly 50% at fault is not barred from recovery ā damages are reduced by 50%, but the claim proceeds. The cutoff is 51% or above (Florida Statute § 768.81(6)).
Insurance companies are aggressive about assigning fault to motorcyclists. They may cite your speed, lane position, helmet use, or other factors to push your fault percentage above 50% and eliminate your recovery entirely. Having Attorney Tania Clark in your corner is critical to making sure fault is assigned accurately.
Single Motorcycle Accident Injuries in Florida
Can you collect damages for injuries in an accident that involved a single motorcycle? Unlike motorcycle/automobile accidents, single motorcycle accidents often occur due to rider negligence, such as speeding or riding under the influence. However, this isn’t true in all cases. Single vehicle motorcycle accidents in Central Florida can result from adverse weather conditions, road debris, poor road maintenance, and defective motorcycle parts.
Liability in single motorcycle accident injury claims can be difficult to establish. These types of accident claims almost always require the skills and talents of a dedicated, experienced Central Florida motorcycle accident attorney to be successful.
Speak With an Experienced Motorcycle Accident Lawyer Today
If you or a loved one has been injured or killed in a motorcycle accident in Central Florida that was caused by someone else’s negligence, it’s important to take immediate steps to protect your rights. The sooner you contact Tania Clark at TLC Trial Team, the better.
We possess the expertise and resources to thoroughly investigate just about any type of motorcycle accident and establish who was at fault and by how much. Attorney Tania Clark serves clients all over Central Florida who have been injured in motorcycle, automobile, and other kinds of accidents. Her skilled legal representation and commitment to protecting her client’s rights have netted millions of dollars in cash settlements for her clients.
Worried about the cost of hiring an attorney? Don’t. Our accident cases are handled on a contingency basis, which means there are no retainers or other upfront expenses for our representation ā we collect our fee as a (pre-established) percentage of your settlement.
Contact TLC Trial Team online or call us at (877) 299-5539 today to schedule a free, no-obligation initial consultation with Central Florida personal injury attorney Tania Clark.
Serving Motorcycle Accident Victims Across Central Florida
TLC Trial Team represents injured motorcyclists throughout Central Florida from three office locations. Visit your local page for location-specific information and office details: