Motorcycle accidents are prevalent in Cutler Bay and across Miami-Dade County, FL. This problem is likely due to many factors, such as frequent stormy weather, heavy traffic, tourists unfamiliar with the road, and widespread, ongoing road construction.
If you were involved in a motorcycle accident in Cutler Bay or the surrounding area, you could be eligible to file a claim to help you recover your expenses. A Cutler Bay motorcycle accident lawyer from the Law Offices of Anidjar & Levine knows the laws that apply to your situation. Here is a closer look at how they can help you take legal action after your crash.
Motorcycle Accidents Are Not No-Fault Accidents
Cutler Bay motorcycle owners and riders, like those throughout Florida, are subject to different accident rules than automotive drivers. That means your approach to seeking recovery will differ from what you would do in a typical vehicle accident.
Florida’s no-fault rule regarding auto accidents does not extend to motorcycle collisions. As a result, you do not need personal injury protection or PIP insurance to own and ride a motorcycle in Cutler Bay. PIP insurance would have paid for your injury-related expenses in a car accident.
Motorcyclists in Florida Must Carry Certain Coverage
However, motorcycle riders must have bodily injury and property damage liability insurance. Liability coverage helps cover the crash victims’ expenses if the rider is at-fault in an accident. PIP insurance is only required if you typically do not wear helmets while riding.
Filing Third-Party Claims Against Liable Parties
Since PIP insurance is not mandatory for motorcycle riders, they can take legal action against the liable driver or entity. In addition, you do not need to meet the conditions stipulated in FL Stat § 627.737 to be eligible for third-party claims, unlike with car accident claims. That means you do not have to suffer disabilities or any other type of significant or permanent injury to be eligible for compensation.
Our Cutler Bay motorcycle accident lawyer can help compile evidence of the driver’s fault in the crash. These can include highway surveillance footage and witness testimonies. The attorney can also check if other parties involved in the crash could also be named in a claim, such as negligent roadworks contractors or other drivers.
What If a Cutler Bay Government Employee Caused a Motorcycle Accident?
According to FL Stat § 768.28, government agencies can be liable for their employees if they cause road accidents while on duty. You can bring your claim to the department’s risk management program.
Do note that the government will not accept the motorcycle accident claim if:
- the employee was off duty,
- showed wanton disregard for their or others safety, or
- intentionally harmed you.
If the above instances apply to your situation, you can sue the government employee as you would a private citizen. A Tampa motorcycle accident lawyer from our firm can help file the claim with the appropriate municipalities if an on-duty government worker is at fault for your motorcycle accident.
Motorcycle Accident Damages and Laws Affecting Compensation
If the motorcycle accident claim settles successfully, you can recover damages that cover both the financial and intangible losses you suffered from the crash. These include:
- Hospital stays and medical treatments
- Ongoing care such as physical therapy
- Motorcycle repairs
- Funeral and burial expenses (should a loved one die from the accident)
- Disabilities and disfigurements
- Physical and psychological pain and suffering
Your personal injury lawyer can roughly estimate your total damages after assessing your expenses and injuries. The more documents you can compile of your expenses, the more accurate the calculations will be.
How Comparative Fault Reduces Recovery
Cutler Bay claims adjusters and the civil court use a comparative fault rule to determine the extent of one’s fault in accidents like your motorcycle crash. The more liability you share, the less you can recover from your total damages.
For example, let’s say that the court declares you 40 percent liable for going past the speed limit while the other driver is 60 percent at fault for being in the wrong lane. That would mean you can only get 60 percent of your total damages.
A lawyer at our firm can investigate the details of your case and use evidence to prove the other party is mostly at fault for the accident.
Statute of Limitations for Cutler Bay Motorcycle Accident Cases
Cutler Bay motorcycle accident cases have the same statute of limitations as other Florida accident suits. FL Stat § 95.11(3)(a) gives you up to four years to file the case. If the motorcycle crash killed a loved one, you have two years to file on their behalf per FL Stat § 95.11(4)(d).
You must bring the claim within three years for motorcycle accidents caused by government employees.
How Your Deadline Can Get Extended
FL Stat § 95.051 contains tolling exceptions that can move your case’s filing deadline. One instance would be if the liable driver went into hiding or used a fake identity to escape their charges. The statute clock would only start counting down after revealing the driver’s identity.
Your Cutler Bay motorcycle accident lawyer can check your case for applicable tolling exceptions to determine your exact deadline.
Seek Compensation with our Cutler Bay Motorcycle Accident Lawyer
If you suffered from injuries, property damages, or a loved one’s death after a motorcycle accident in Cutler Bay, the law lets you take legal action against the parties at fault. The Law Offices of Anidjar & Levine is here to provide legal guidance when forming and presenting your claim or lawsuit.
Since 2005, our injury attorneys have worked with clients in various areas in Florida. We have experience handling motorcycle crashes and other types of accident claims. For a free consultation on your case, call us at 1-800-747-3733. We have a team ready to accommodate your inquiries 24/7.
We Can Help.
