Nationally, 4,008 deaths and more than 76,000 injuries were attributed to motorcycle crashes in 2005.
With the increasing popularity of mopeds and motorcycles, the roads have become flooded with motorcycles and, as an unfortunate result, more motorcycle accidents. And these accidents are not ordinary accidents. Motorcycle riders have far less protection during a crash than those driving trucks or cars. As a result, the injuries are often catastrophic or fatal. Motorcycle accident injuries often change the lives of the victims and their families forever.
The motorcycle accident attorneys at McMillen Law Firm understand the serious injuries sustained from a motorcycle accident since we are motorcycle riders ourselves. While our main office is in Orlando, our motorcycle accident law firm has offices in Tampa, Jacksonville, Ft. Lauderdale, Miami, West Palm Beach, and Sarasota. We are dedicated to helping victims get the motorcycle accident recovery they deserve because we respect motorcyclists, and we deeply appreciate the unique safety concerns that you face. Call us today to schedule a free, no-obligation consultation.
When a motorcycle accident occurs, the rider and passenger are exposed to grave bodily harm. If you have been injured in a motorcycle accident in Florida, you may be facing extreme physical pain, emotional trauma or financial hardships.
The law limits the time you have to file your motorcycle accident claim, so you should obtain legal advice from a motorcycle accident attorney as soon as possible. Don't let insurance companies pressure or fool you into settling for the wrong amount.
If you've been involved in a motorcycle accident sustaining injuries, you should:
Depending upon the severity of your accident, you may be able to recover money for lost wages, medical expenses, disfigurement, loss of lifestyle and pain and suffering. Contact a motorcycle accident lawyer at the McMillen Law Firm to discuss your motorcycle accident injuries claim. Get the settlement you deserve!
Any motorcycle rider who shares the road with cars and trucks knows the importance of defensive driving. But some motorcycle accidents cannot be avoided, regardless of the care and skill demonstrated by the motorcyclist. Because personal injury cases can be very complex, you need an experienced and aggressive motorcycle accident attorney to successfully handle them.
After a motorcycle accident, the insurance company representing the other driver will call you and, in a very friendly way, ask you to give a recorded statement of how the accident occurred. A recorded statement could damage, if not destroy, your motorcycle accident case. Rest assured, the insurance company will spin whatever you say to minimize their responsibility to compensate you for your damages and injuries. The best course of action is to not even meet with the insurance company without help from an experienced motorcycle accident attorney.
The motorcycle injury attorneys at McMillen Law Firm are experienced in helping victims with motorcycle accident injuries obtain full, fair and adequate compensation for their losses. Our lawyers can assist you with all aspects of your case including dealing with insurance companies, concerns about your medical treatment, documenting your lost wages, questions about motorcycle repair/replacement, and, most importantly, obtaining a fair motorcycle accident settlement.
We have a proven record and want to help you through this difficult and often confusing time. We are a motorcycle accident law firm that gets real results.
After an accident, your decision in choosing the best lawyer is important and you deserve to have the best motorcycle accident lawyer on your side. We are not pressured by insurance carriers' tactics and, as a result, will demand maximum recovery for you.
The motorcycle injuries attorneys at McMillen Law Firm aggressively pursue every avenue to ensure you are properly compensated for your pain, suffering or loss as soon as possible. Our representation costs nothing until you are compensated for your injuries. Please call us today or contact us online to schedule your free consultation.
From a statistical standpoint, riding motorcycles is a dangerous pastime. Although other drivers are often to blame for a crash, it is usually the motorcycle operator and any passengers who suffer the consequences.
Baby Boomers are returning to motorcycling (or taking it up) in record numbers. From 1990 to 2003, motorcycle ownership rose more than 25 percent among those 40 years old or older. However, traffic deaths more than tripled in the 40+ age group from 1994-2004, according to the National Highway Traffic Safety Administration. By contrast, motorcycle fatalities for those under 30 increased by just 10 percent in that time span.
Consider wearing a helmet, eye protection and protective clothing (Florida's helmet law does not require helmets for those over 21 under certain conditions). Examine your insurance policy to make sure you have adequate coverage (especially uninsured / underinsured motorist coverage) in the event of a crash.
Because of the force of a collision with a much heavier car or fixed object, motorcycle injuries are more likely to be permanent, catastrophic, or fatal. Brain injury and spinal injury occur at a higher rate, and broken bones and road rash can be severe, disabling injuries.
Florida is a comparative negligence state. If you are partially at fault, you can still collect damages, but the award is reduced by the percentage of your comparative fault. (Example: If you are 25 percent at fault, you would only receive 75 percent of the damages determined by a jury.)
Motorcycles -Helmet Required?
Scooters & Low Power Cycles -Helmet Required?
20 and younger - law requires that all riders younger than 21 years wear helmets, without exception. Those 21 years and older may ride without helmets only if they can show proof that they are covered by a medical insurance policy.
Some - all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 2, or that can attain speeds greater than 30 mph and all low-power cycles operated by those 15 and younger are covered by the motorcycle helmet law
There were 76,000 motorcycle accident injuries in the U.S. in 2005 and 4,008 fatal accidents. In 80 percent of motorcycle accidents, the rider or passenger suffers a personal injury. A rider without a helmet is three times more likely to suffer a traumatic brain injury as a motorcyclist who is wearing a helmet.
In Florida failure to wear a helmet can decrease your compensation if you are injured in an accident.
Victims are not barred from recovering damages if they were not wearing a helmet. The defense could argue that you failed to mitigate your damage (i.e., that helmet use would have prevented or substantially lessoned the injury). Any award may be reduced if the jury concludes that all or part of the damages would have been prevented by the use of a helmet.
The links below take you to some of the most important laws dealing with motorcycle riding and motorcycle accidents in Florida. These Florida motorcycle laws are included here for general information purposes. If you have been in a motorcycle accident you should review your legal situation with an experienced motorcycle accident attorney. Other statutes and case law may apply, and you should review the specific version of the statute in effect at the time of your motorcycle accident or traffic incident.
316.208 Motorcycles and mopeds
316.2085 Riding on motorcycles or mopeds
316.209 Operating motorcycles on roads laned for traffic
316.2095 Footrests, handholds, and handlebars
316.211 Equipment for motorcycle and moped riders
316.2952 Windshiels: requirements: restrictions
316.304 Wearing of headsets
316.405 Motorcycle headlights to be turned on
316.420 Stop lamps
316.425 Lamps on parked motorcycles
316.430 Multiple-beam road-lighting equipment
316.435 Lighting equipment for motor-driven cycles
316.440 Brake equipment required
316.445 Performance ability of motorcycle brakes
316.450 Brakes on motor-driven cycles
316.455 Other equipment
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Orlando, Florida 32801
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Fax: (407) 849-1267
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Tampa, Florida 33607
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Jacksonville, Florida 32256
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Fort Lauderdale, Florida 33301
Phone: 954- 315- 3839
Fax: 954-315- 3840
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Miami, Florida 33131
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Atlanta, Georgia 30326
While our firm started in Orlando and its main office is there, for many years we have handled cases throughout Florida, and even out of state. To serve you better we have opened additional satellite offices in several major Florida cities. We use these offices to conduct client interviews, take depositions, and as war rooms when we have trials in these cities. When advantageous to you, we will also associate with other lawyers and law firms in some areas of the state to serve you better. If we do associate with other lawyers on your case it will be at no additional attorney fee or expense to you.
This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship. Laws vary from state to state and are constantly changing. If you think you may have a case you should promptly contact a lawyer in your state with experience in handling this type of case.