Orlando Vehicle Accident Lawyer
On one hand, accidents involving motorcycles, dirt bikes, all-terrain vehicles (ATVs) and bicycles involve many of the same issues as car accidents. Recovering compensation requires establishing another party’s fault, and the amount recovered depends largely on available insurance coverage.
On the other hand, these cases can involve many unique challenges that arise from the very nature of these vehicles and risks of operating them, the causes of these accidents and the types of injuries that may result. Additionally, comparative fault often becomes an issue in these cases when seeking a recovery.
Attorney Frank M. Eidson understands these types of vehicle accident cases. He can put his experience to work for you. If you have been injured or lost a loved one in a motorcycle, dirt bike, ATV or bicycle crash in Orlando, Winter Park or elsewhere in Florida, contact us today to receive a free review of your case.
Unique Issues in Other Vehicle Accident Cases
The risks involved with driving an automobile are not the same as those risks faced by operators of other vehicles. For example:
- Motorcycles – Because they are two-wheeled vehicles that travel at fast speeds, stability can easily be affected if something goes wrong, such as a motorist cutting off a motorcyclist’s path or following too closely.
- Dirt bikes – Although dirt bikes are lighter and more maneuverable than motorcycles, riders use them in challenging, off-road terrain that can present hazards such as mud and sand. Additionally, these bikes often are operated on courses that feature reckless, daredevil riders who put others in danger.
- ATVs and recreational vehicles – These vehicles tend to have a narrow wheelbase and high center of gravity, making them prone to rollovers when they are involved in a crash.
- Bicycles – The biggest risk that bicyclists face is motorists’ failure to see them on the road. Bicycles are not noisy or as big as motorcycles. As a result, car drivers may not detect a bicycle’s presence until it is too late to avoid a crash. Also, some drivers imply refuse to respect bicyclists’ rights, fail to yield to them and pass them without leaving a safe buffer zone.
Other unique issues involving these other types of vehicles include:
- Hit-and-run drivers – Motorcycle and bicycle riders often are victims of accidents in which the at-fault driver flees the scene of the crash. A victim’s recovery may require turning to uninsured motorist (UM) coverage.
- Victims’ age – These accident cases frequently involve minors. A crash may have been caused because a minor was allowed to operate a dirt bike or ATV without proper training or supervision. Additionally, special steps need to be taken when pursuing legal action and dealing with insurance companies if the victim is a child.
- Comparative Fault – Florida is a “pure comparative fault state.” This means that an accident victim’s recovery can be reduced in proportion to their degree of fault. Insurance companies tend to pin blame on the motorcyclist, bicyclist, dirt bike rider or ATV operator in these cases. Their arguments must be challenged.
- Manufacturer liability – In ATV and recreational accidents in particular, the cause of the crash may be the dangerous design of the vehicle itself.
- Severity of injuries – One common aspect of these vehicle accidents is the serious and often fatal nature of the injuries that victims suffer. This is due to the lack of structure and protection afforded by these vehicles. Head injuries, spinal cord injuries, fractures and friction burns are common.