Miami Motorcycle Accident Lawyer

When you and your motorcycle or scooter (or any other vehicle) collide with a car, the results can be life-changing.

Motorcycle accidents are tragically common in Florida. According to Florida Highway Patrol records, the driver's failure to yield or stop is the most common cause of motorcycle crashes with another vehicle. Other reasons for accidents with cars include excessive speed, unsafe lane changes, and following too closely.

Many times these accidents occur on Florida highways. According to the Florida Department of Transportation (FDOT), highways are by far the most dangerous place to ride due to high speeds, heavy traffic, and other hazards that may be obscured by darkness or bad weather.

The best course is to hire a personal injury lawyer who understands how motorcycle accidents occur, can determine liability, and can be knowledgeable about the motorcycle laws of your state.

Motorcycle Accident Statistics in Florida

• There were 23,149 injury accidents caused by motorcycles; this resulted in 286 deaths and over 18,000 injuries.
• Motorcycles are 28 times more likely than passenger vehicles to be involved in fatal collisions and 12 times more likely to be involved in injury accidents.
• Motorcyclists are 38 times more likely than individuals traveling in a passenger car to die in a traffic crash.
• The types of crashes that occurred were 54% head-on, 18% rear-end, and 12% sideswipe.
• From 2014 to 2015: motorcycle fatalities increased by 22%.
• In 2016, there were 4,976 motorcycle crashes in Florida, resulting in 1,076 injuries and 49 deaths.

Common Causes of Motorcycle Accidents in Miami

There are several reasons why motorcycle riders are more likely to be involved in accidents than passenger car occupants. Motorcycles lack the size, weight, and strength necessary to deflect other vehicles and avoid collisions.

Motorcycles do not protect their riders as cars and trucks do: no airbag or safety cage surrounds the occupant; no protective metal doors to prevent a person from falling under a vehicle and being crushed; no steel beams between the occupant and oncoming traffic.

A motorcycle offers very little protection from the impact or penetration of foreign objects. In an accident, motorcyclists are more likely to be thrown from their bikes over cars or other vehicles, resulting in more severe injuries.

Common Injuries Associated With Miami Motorcycle Accidents

Depending on the force of impact, common injuries can include:

• Breaking bones.
• Tearing and ripping of ligaments and tendons.
• Dislocated and broken joints.
• Brain damage or head trauma results in loss of memory, cognitive problems, and personality changes.
• Internal organ damage such as ruptured spleens.
• Road rash, where the skin is rubbed off from sliding across the pavement.

Some of the most severe injuries commonly associated with motorcycle accidents are:

• Brain damage or head trauma resulting in loss of memory, cognitive problems, and personality changes.
• Internal organ damage such as ruptured spleens.
• Death.

Types of Damages in Miami Motorcycle Accidents

Motorcycle accidents in Miami generally result in severe injuries or death. The major types of damages that are recoverable through a lawsuit include:

• Medical Expenses - If the motorcycle accident caused you or a family member to incur medical expenses, including doctor visits, surgery, and rehabilitation treatment.
• Lost Income - If the motorcycle accident resulted in missed workdays or reduced earning capacity, then compensation for future lost income is an option through a lawsuit.
• Pain & Suffering - If your injuries cause pain and emotional distress, the value of those damages should be included in a lawsuit.
• Punitive Damages - If the responsible party's actions were malicious or reckless, then punitive damages may be available as part of your claim.

Compensation for Your Injuries Via a Personal Injury Claim

There are several types of benefits that an injured person can receive from filing a personal injury lawsuit:

File a Claim: The first step in filing a personal injury claim is to contact an experienced and successful motorcycle accident lawyer. He will meet with you, inform you of your legal rights and answer any questions that you may have regarding the process of filing a claim.

Establish Liability: The legal system requires that the person who caused the accident must be held legally liable. This means that they must be negligent in causing the injuries, typically by violating a law or driving recklessly. Your attorney will establish liability through witness statements, police reports and evidence you provide.

Legally Prove Damages: The second step in filing a personal injury claim is to prove that you suffered damages due to the accident. These damages are typically economic, including medical bills, lost income and pain & suffering.

File a lawsuit: Once you have established that the responsible party was negligent through your lawyer's investigation, it is now time to file a lawsuit against him. This is done by filing court documents with relevant information about the accident and your allegations against the negligent party.

Deliver a Settlement Demand: After filing a lawsuit, it's time to negotiate with the responsible party's insurance company and deliver them a settlement demand for compensation for your injuries. If they refuse, it is necessary to go through litigation; if they agree, you can avoid going to trial and settle the case.

Protect Your Interests: During the settlement process, it's essential to make sure that you protect yourself and your loved ones from future financial hardship if your claim is denied or the responsible party cannot pay for his negligence. Many motorcycle accident victims choose to purchase a long-term disability insurance policy for this reason.

What to Know About Motorcycle Accident Injury Claims?

To seek compensation for injuries from a motorcycle accident, you or your attorney must be able to prove that the other driver was responsible for the accident.

In Florida, there are three common types of negligence:

1. Negligence Per Se
2. Negligent Misrepresentation
3. Implied Warranty of Merchantability

Negligence Per Se – This can be proved by showing that a driver was speeding or failed to stop at a red light, etc.

Negligent Misrepresentation – If a driver claims he has certain driving skills and endorsements on his license when it is visibly apparent that this is not the case, then the claim of misrepresentation would support liability.

Implied Warranty of Merchantability – This means that when you buy a motorcycle, it is guaranteed to operate in the manner for which it was intended.

Frequently Asked Questions

What are the damages that I can receive from a motorcycle accident case?

The major types of damages you can recover from a successful personal injury claim include medical expenses, lost income, pain & suffering and punitive damages.

Can my spouse file for loss of consortium if I suffer injuries from a motorcycle accident?

Yes, your spouse may file a loss of consortium claim to recover damages for the negative impact that your injuries have had on your relationship.

How will my health insurance cover me after a motorcycle accident?

In many cases, health insurance will cover you from the time of the accident until the deadline for filing a personal injury lawsuit. Underinsured Motorist Coverage may also be available to pay for your injuries in cases where the responsible party does not carry enough insurance.

What if the responsible party's insurance company sends me a settlement offer?

You can accept, reject or counter their offer and it is advisable to seek legal advice from a motorcycle accident attorney before making any decisions about accepting a settlement.

Will I have to go to court for my motorcycle accident case?

If the insurance company does not offer an adequate settlement amount, then your attorney will file a lawsuit against them and you will be required to appear in court.

How are motorcycle accident cases different from other personal injury claims?

Motorcycle accidents are usually investigated by law enforcement to determine the cause, so this is already established at the time of your claim. Sometimes there can be witnesses who saw the accident occur, so these individuals may need to be deposed as well.

Why an Experienced Miami Motorcycle Injury Attorney?

When deciding who will handle your motorcycle injury case, you want to choose the law firm that has experience with these types of cases. Most motorcycle accidents are not just a fender bender, and this is why it's important to have an attorney who knows how insurance companies operate. They will try their best to avoid paying top dollar on your claim. By hiring an experienced motorcycle personal injury lawyer like Rubenstein Law, you can be sure that your best interests are being protected.

We understand the unique challenges involved with motorcycle cases and have built a reputation for success in these types of injury claims. We have successfully handled thousands of serious injury cases involving car accidents, truck accidents, pedestrian accidents, motorcycle accidents, boating injuries, and more.

Let Us Help You Recover From Your Injuries

When choosing a lawyer, it's important to choose an experienced motorcycle accident attorney with Rubenstein Law. Rubenstein Law is the most successful personal injury law firm in Florida. For a free consultation with a professional motorcycle personal injury attorney, please contact us.