Kissimmee Motorcycle Accident Lawyer

Have you recently been in a motorcycle accident in Kissimmee, Florida?

Florida’s beautiful weather and wide avenues make motorcycling a joy. Many people enjoy open-air travel in the warm Florida sunshine. However, motorcyclists also face a much higher risk for both accidents and injuries when on the road. Florida is known for fast driving, intense east-coast traffic, and vacationers who are not as attentive as they should be behind the wheel.

There is also an unfortunate tendency to blame the motorcycle in an accident, even though most motorcycle accidents are caused by the inattentive driving of cars and trucks. From police reports to insurance settlements, the motorcycle bias can work against you and make it even more difficult to receive the settlement you need to recover from your accident.

Michael T. Gibson, P.A., Auto Justice Attorney can provide you with the Kissimmee motorcycle accident lawyer support you need to prove you were not at fault and receive the full insurance settlement for repairs and medical bills that you deserve. Contact us today to set up your free consultation.

 How Can a Kissimmee Motorcycle Accident Lawyer Help You Recover After a Crash?

Motorcycle accidents are often traumatic and painful. At Michael T. Gibson, P.A., Auto Justice Attorney, we know that the last thing you need is to spend the next months fighting with an insurance company while also recovering from your injuries. That is why we are dedicated to advocating for motorcyclists in that critical time when you need to pursue your insurance claim but are in the worst possible condition to do it.

Insurance companies often take advantage of injured parties by underselling their injuries and offering a lower settlement than is deserved. Your Kissimmee motorcycle accident lawyer will build a strong case for you. Your settlement should cover the cost of your medical bills, long-term recovery plan, and your motorcycle repairs, and that’s what we’ll work to get on your behalf so you can focus on what matters most: Recovering from your injuries.

If you need help, our consultation can be completely virtual and easy to get started. Contact us online or call 407-422-4529 to consult on the help you need.

Motorcycle Accidents: The Motorcycle is Rarely At Fault

Most motorcyclists are careful and cautious drivers. After all, it’s your life on the line. Other cars and trucks, however, are less attentive. They are wrapped in steel, aluminum, and air bag protection. If they hit another car or a median, the consequences are typically less dire.

The Risk of Invisibility

Motorcycles also tend to “disappear” for drivers of larger vehicles. Drivers simply do not notice motorcycles in the lanes adjacent to them or sharing an intersection because the motorcycle is smaller than a typical vehicle and not the shape their minds expect to see.

• Merging Collisions: Motorcycles are often scraped or forced off the road because drivers will merge into their lane position without noticing.
• Left-Turn Accidents: Drivers making left-turns often fail to see an oncoming motorcycle and will turn right into the motorcycle or their path.
• Blind Spots: Motorcycles are harder to see when they pass through blind spots, such as the space beside the back seat windows or behind taller vehicles.

Injuries from No-Contact Accidents

Another problem is that motorcyclists and their motorcycles are often damaged by no-contact accidents or “near miss” accidents. These occur when the motorcycle is forced off the road, tipped over, or otherwise has to take dangerous evasive action to avoid being hit by another vehicle.

Unfortunately, in many cases the at-fault driver may drive away without even realizing they have put a motorcyclist’s life at risk or caused serious damage, because the motorcyclist took responsibility and avoided a potentially fatal collision.

 Fighting the Motorcycle Bias

Most people who do not drive motorcycles have an unconscious (or even conscious) bias against them. It is assumed that motorcyclists are reckless, uncareful, and that injuries from accidents are their own fault. Unfortunately, even when accidents are entirely the fault of a full-sized vehcile driver, that undercurrent of negative bias will cause police, insurance adjusters, and even court officials to interpret the data as more likely the fault of the motorcycle rider.

This means that the first task of your Kissimmee motorcycle accident lawyer is to fight that bias and make sure the facts are viewed fairly. It may be necessary to collect extensive evidence and sometimes even challenge the police report to get a fair view of the scene and how the accident was caused.

Florida Is a No-Fault State, But Fault Still Matters

When it comes to auto accident law, there are at-fault states and no-fault states. In at-fault states, the at-fault driver’s insurance pays for the damage and injuries based on their policy. In a no-fault state, all drivers must carry PIP coverage (personal injury protection), meaning their own insurance pays for personal injuries.

Florida is a no-fault state, but fault still matters. The at-fault driver’s insurance likely must still cover the property and vehicular damage caused to others by the accident, and they may still be liable for further expenses, such as injuries that exceed the PIP medical coverage of the not-at-fault driver.

Defending Your Not-At-Fault Status

Because motorcyclists are often assigned more fault than is fair, your lawyer will need to adamantly defend your not-at-fault status in order to help you avoid unnecessary expenses, raised insurance rates, and receive the full ability to claim against the other driver’s insurance for all of your damages.

In March of 2023, the Florida Legislature, at the urging of major trucking companies, passed a comprehensive tort reform bill, commonly known as HB 837. As part of this Legislation, significant changes were made to Florida’s comparative fault statute. Now, if the trucking company can show that the motorcyclist was 51% or more at fault for the accident, the injured motorcyclist would recover nothing. Under the law prior to this, you could still recover your full damages, minus any comparative fault you had for the accident.

The passage of this law means that Trucking Companies and major Automobile Insurance Companies, now more than ever, will deny liability for more claims. Thus, it is imperative that you seek experienced counsel as soon as possible following a motorcycle accident.

 Collecting Evidence to Defend Your Motorcycle Accident Claim

Whether you are preparing a claim with your PIP insurance or against the other driver, you will need to build a strong case. Insurance companies deny or diminish settlements by default – it is how they stay in business. This means it takes focus and dedication to put together a strong case and fight for your right to your full rightful settlement.

This is what a Kissimmee motorcycle accident lawyer can do for you while you recover from your injuries. Preparing a strong claim relies on two factors: Collecting enough evidence and energetically pursuing your legal rights. Your attorney’s skill will take care of the second half, and their experience in motorcycle accidents will guide them toward the evidence they need to advocate for you with the insurance companies.

Your Medical Records and Repair Receipts

Going to the doctor immediately after your motorcycle accident is not just essential to your health and injury recover, it also creates essential records of your injuries. These records become the foundation of your personal injury claim both with your PIP policy provider and the other driver’s insurance.

Be sure to not just get immediate treatment but also map and price your full recovery plan. This will help your lawyer secure a settlement that covers both short-term and long-term medical expenses as needed.

A trip to the mechanic can also provide a detailed report on the damage to your motorcycle and a clear record of your repair costs.

The Police Report and Evidence Taken

The police report after an accident will include a stack of evidence and the conclusions drawn by the officers. Your Kissimmee motorcycle accident lawyer will both analyze the evidence and look for signs of motorcycle bias in the reporting.

Refuting a biased police report can be essential, as insurance companies often base their offers and at-fault conclusions on the police report details.

The Accident Analysis

If the police or the insurance companies perform an accident analysis – estimating the speeds and angles of the vehicles based on damage and marks on the road, your lawyer can use this analysis as well to prove what happened and how.

Initial Photographs and Videos of the Scene

If anyone took photos of the screen with their phones right after the crash, this could provide critical context, especially for motorcycle accidents where physical evidence is often less available.

Dash Cams of Involved Cars and Witnesses

Dash cameras are an excellent way to get a full view of the accident, especially if several witnesses from nearby cars offer their dash footage as evidence.

Security Cameras of Nearby Businesses

Nearby businesses often have a security camera facing outside that may have caught the accident from their view of the road.

Nearby Traffic Camera Footage

Intersection accidents are often caught in full detail by nearby traffic light cameras and speed trap cameras.

Do I need to Go to Court for a Motorcycle Accident Claim in Kissimmee?

Not all Kissimmee motorcycle accident claims go to court. Many are settled out of court through negotiations with insurance companies. Going to court is generally necessary if the parties involved cannot agree on compensation or if the fault is highly contested. Consult with aa motorcycle accident lawyer to get the specifics for your case.

Can a Lawyer Help Me if the Insurance Company Has Denied my Claim?

A lawyer can be very helpful if your insurance claim has been denied or if you believe the compensation offered is insufficient. An experienced motorcycle accident lawyer can review the denial, negotiate with the insurance company on your behalf, and if necessary, pursue legal action to secure the compensation you deserve.

Will My Immigration Status be Affected if I File a Personal Injury Claim in Florida?

In Florida, filing a personal injury claim will not affect your immigration status. Florida law generally prohibits the introduction of a plaintiff’s immigration status in negligence cases because it can unfairly prejudice the jury. This rule aims to prevent the jury from focusing on the plaintiff’s immigration status rather than the merits of the case. There’s a narrow exception where immigration status can be considered, specifically relating to claims for lost future earnings, but this does not apply to claims for personal injuries or wrongful death. Therefore, your immigration status should not deter you from seeking justice or compensation for personal injuries in Florida.

A further explanation of your rights as an accident victim as an immigrant

Under settled Florida substantive law, the illegal alien status of a plaintiff in a negligence action is generally inadmissible because it is “unfairly prejudicial because it [makes the injured party’s] . . . illegal alien status the focus of the jury’s attention.” Maldonado v. Allstate Ins. Co., 789 So.2d 464, 469 (Fla. 2d DCA 2001).

In Maldonado, the Plaintiff, an undocumented alien from Mexico, was injured in a motor vehicle accident. After applying for PIP benefits, he was denied because the carrier claimed he was not a resident of Florida. Id. at 466. The insurer’s attorney during trial “made [the plaintiff’s] alien status the central feature of the trial.” Id. Defense counsel “cross-examined him extensively on his use of a fake social security number [and] his intention to work in Florida without appropriate work credentials . . .” Id. The purpose of the questioning was, ostensibly, to argue he was not a resident because it is impossible for a resident to be deported, something the plaintiff faced as an illegal alien. The court found the plaintiff’s illegal alien status was not probative of his intention to stay in Florida as a resident. Id. at 470. Rather, his illegal status “was employed [by the defendant] to prejudice the jury against him . . . and any limited probative value [the plaintiff’s] illegal alien status may have had was fairly outweighed by unfair prejudice, confusion of the issues and misleading the jury.” Id., citing Florida Rule of Evidence 403. See also O’Neil v. Gilbert, 625 So.2d 982 (Fla. 3rd DCA 1993) (prejudicial to use of illegal alien status to impeach witness for bias).

There is a very narrow exception to the general prohibition against introducing evidence of a plaintiff’s immigration status in a negligence action.

In Villasenor v. Martinez, 991 So.2d 433 (Fla. 5th DCA 2008), during a personal injury/negligence trial, the plaintiff filed a motion in limine to preclude evidence of her immigration status. Id. at 434. In upholding a lower court ruling, the 5th DCA found that the trial court’s ruling “allowing evidence of [the plaintiff’s] illegal immigration status on the limited issue of her claim for lost future earnings” was not error. Id. at 437 (emphasis added). The court found that her “status as an illegal alien is indeed relevant to her ability to obtain lawful employment in the United States . . . [and] her status is relevant to the calculation of the wage rate on which projected future earnings should be based …” Id.

Finally, absent express legislative intent, a Florida court cannot limit an undocumented alien’s recoverable wrongful death damages in a negligence action merely because of his status as an undocumented alien. See Enterprise Leasing Co. v. Sosa, 907 So.2d 1239 (Fla. 3rd DCA 2005). Sosa involved a wrongful death claim arising from the death of an undocumented alien in a motor vehicle accident. The appellate court upheld a ruling allowing the estate of the undocumented alien to recover loss of net accumulations, support and services under Florida’s Wrongful Death Act, which the defendant had tried to strike. Id. at 1242. The 3rd DCA found that the Wrongful Death Act contained detailed provisions but contained no prohibition against the estates of undocumented aliens claiming such damages. Id. at 1241. “In a state like Florida where such a large portion of our population is foreign-born, we can only assume the legislature saw no need to deprive the survivors of the decedent from the benefits of the Act, [which] . . . shift[s] the losses resulting from wrongful death from the survivors of the decedent to the wrongdoer.” Id. at 1242 (citing Florida Wrongful Death Act).

1. Based on Established Florida Law there is no Limitation to the Plaintiffs’ Recovery of Future Medical Care/Lifecare Expenses, Rendering theirImmigration Status Irrelevant and Undiscoverable

Given the significantly high risk of prejudice to a plaintiff-undocumented alien, a very narrow exception is carved out of Florida’s general rule prohibiting evidence of undocumented alien status. Maldonado, Villasenor, supra. This narrow exception only applies where the plaintiff-undocumented alien is claiming loss of future earnings. Villasenor, 991 So.2d at 434, 437 (only admissible on “limited issue of . . . future earning potential) (emphasis added). Mr. Hernandez and his wife are not making a claim for loss of future earnings (and by extension, for loss of support). See Operative Complaint. Thus, their immigration status is neither relevant nor discoverable under the law of the forum state.

Moreover, the Defendants cannot cite to any Florida State court case, or any court applying Florida substantive law, holding that a plaintiff’s undocumented alien status is in any manner relevant to his claim of future medical care/lifecare expenses necessitated by the fault of another.

In fact, no case or statute, from anywhere, limits a Florida plaintiff’s right to recover personal injury damages for future medical care/lifecare expenses by dint of alien status alone. Applicable Florida damages law in tort actions makes no such distinction, and in light of Sosa, neither should this Court. To do so would “allow the wrongdoer… to escape liability merely on the fortuitous legal status of the decedent.” Sosa, 907 So.2d at 1242.

The well-entrenched federal policy applied in diversity actions, the “outcome – determinative test,” has the sole purpose of ensuring that the outcome of a federal case based on diversity, where the federal court must apply the forum state’s substantive law, “[would] be substantially the same … as it would be if tried in a [Florida] State court.” Cohen, 184 F.3d at 1296.

In the case at bar, it is clear and unequivocal that a Florida court would find a plaintiff’s undocumented alien status relevant only in a personal injury claim where the plaintiff claims lost future earnings. Thus, if this matter were tried in a Florida court applying Florida substantive law, the Plaintiffs’ immigration status would not be deemed relevant. See discussion and cases, supra.

To hold that Mr. and Mrs. Hernandez’s immigration status is relevant, where no such claim for lost future earnings (or support) has been asserted, would be in direct contravention of Florida substantive law and therefore counter to the “outcome – determinative test.”

Guadalupe HERNANDEZ and Marlene Jeronimo, his wife, Plaintiffs, v. ALTEC ENVIRONMENTAL PRODUCTS, LLC, Altec Industries, Inc., and Asplundh Tree Expert Co., Defendants., 2013 WL 9674906 (S.D.Fla.)

In short – under governing Florida law today, a Plaintiff’s immigration status is irrelevant and not admissible in a claim for personal injuries, like a car accident, or a claim for wrongful death. Thus, prospective Plaintiff’s should not let their immigration status deter them from bringing a claim if they have one.

Defending Your Rights After a Kissimmee Motorcycle Accident

If you have been in a motorcycle accident, injuries and repairs are often extensive. While you are laid up in recovery, however, the wheels are turning in the accident aftermath. In order to defend yourself from at-fault assignation and receive a settlement that fairly covers your medical and repair expenses, you may need an experienced Kissimmee motorcycle accident lawyer on your side.

Our Kissimmee car accident lawyers at Michael T. Gibson, P.A., Auto Justice Attorney are dedicated to helping accident victims and their families through the difficult, overwhelming, and often frustrating process of filing a personal injury or wrongful death claim. You can rely on our dedicated services to advocate on your behalf and seek a rightful claim to a full and fair insurance settlement.

Reach out online or call 407-422-4529 to start your consultation and get the legal help you need during this difficult and critical time.