Because of the lack of motorcycle safety features, many motorcycle accident victims suffer severe, lifelong injuries that require years of treatment. Fortunately, under Florida law, motorcyclists injured by negligent drivers can file a claim against the party responsible for the accident to recover compensation for damages.
At the Law Offices of Anidjar & Levine, we have the knowledge and experience to help you navigate the complex process of filing a motorcycle injury claim or a lawsuit. Our Miami personal injury lawyer can help you today.
Why Are Motorcyclists More At Risk For Accidents In Miami?
When compared to cars and trucks, motorcycles are small. And motorcycles do not offer the protection to riders that cars do. So, when accidents happen, the injuries are more likely to be severe or fatal. Before you ride, you need to follow appropriate safety precautions.
Staying Safe On The Road
As recommended by the National Highway Transportation Safety Administration (NHTSA), motorcyclists can protect themselves, their passengers and prevent accidents by taking specific steps:
- Get appropriate training and license: Make sure you follow any Florida license laws for motorcyclists and get the training you need before riding.
- Prepare before you ride: Your bike should be in good working condition. Make sure to follow safety checks to avoid accidents on the road.
- Wear a helmet: Wearing a helmet protects you from the worst injuries if you are in an accident.
- Follow the rules of the road: Motorcyclists need to follow the road rules so that everyone can stay safe. When you don’t pay attention or ignore the law, you increase your chances of getting hurt.
- Avoid using drugs or alcohol before you ride: Drugs and alcohol can impair your ability to think and ride safely and increase your accident risk.
For a free legal consultation with a motorcycle accidents lawyer serving Miami, 800-747-3733
How Negligence Can Cause A Motorcycle Accident in Miami
One reason motorcyclists are at such an elevated risk of accidents is that drivers of other vehicles have difficulty seeing them on the roadways due to their small size. But all drivers have a responsibility to thoroughly check for other vehicles, including motorcycles, when changing lanes, pulling onto the road, or making any other maneuver. “I didn’t see him” is not an excuse.
In addition to visibility issues, drivers cause motorcycle accidents by behaving negligently behind the wheel. Some common examples of driver negligence include:
- Texting, eating, and other forms of distracted driving
- Drunk driving
- Violating traffic regulations by disregarding speed limits, failing to yield, or following too closely
- Drowsy driving
- Failure to pay attention
If the driver in your accident exhibited any of the behaviors listed above and caused your accident, we will work to build a strong case for negligence by gathering evidence such as police reports, eyewitness statements, accident reports, and more. We’re ready to help you while you recover.
MiamiMotorcycle Accident Lawyer Near Me 800-747-3733
How Do I File A Claim After A South Florida Motorcycle Accident?
To file a claim, you must first understand who was at fault for your crash. Our attorneys will start by evaluating the facts of your claim and determining who was to blame for the accident.
If The Other Driver Caused Your Crash
A large number of lawsuits stemming from serious motorcycle accidents will claim that the driver in the other vehicle was negligent and is liable for the motorcyclist’s debilitating injuries and other damages. To prove negligence, we will have to establish that the driver in the other vehicle:
- Owed a duty of care to the victim: All drivers owe a duty to other motorists and pedestrians to operate their vehicles safely and in accordance with all traffic laws.
- Breached a duty of care to the victim: Our attorneys can establish that the other driver breached that duty using police reports, witness testimony, state traffic statutes, and other evidence.
- Caused the victim’s injuries by acting negligently: We will have to show that your injuries were directly and proximately caused by the other driver’s behavior behind the wheel. Expert testimony can help show that your injuries would not have occurred if not for the other driver’s negligence.
Our attorneys will also present medical records, bills, and testimony from your treating physicians and loved ones to show that you suffered injury in the accident.
If You Are Partially At Fault For Your Bike Wreck
Motorcycle accidents are not always caused by the other driver. You may have played a role in your accident by speeding, swerving between cars, and cutting in front of other drivers without warning.
The good news is that if the accident occurred in part due to your negligence, you may still be able to recover damages in Florida. Like many other states, Florida is a pure comparative negligence state, meaning that the amount of damages you recover depends on the fault apportionment assigned to you by the court.
For example, if you were speeding and another vehicle ran a red light and hit you, the court may find that you were 30% at fault for the crash, while the other driver was 70% at fault. When the court awards damages, they will reduce the total amount of damages you recover by 30% to account for your role in the crash. Your attorney can analyze your case and ensure the at-fault party who caused your crash is held accountable.
If A Third Party Is At Fault For Your Motorcycle Crash
There are many cases where neither the motorcyclist nor the other driver is at fault for what happened. In such cases, poor road conditions or defective vehicle parts may be the cause of the accident.
If Poor Road Conditions In South Florida Contributed To Your Accident
Motorcycles are more easily affected by poor road conditions because they are smaller, lighter, and have a lower center of gravity than passenger vehicles and trucks. Poor conditions may cause motorcyclists to lose control of their bikes and crash. Some conditions that may have an impact on motorcycles are:
- Uneven pavement
- Missing guardrails
- Poor road design
If poor road conditions caused your accident, you may sue the party liable for road maintenance. To succeed, our attorneys will first need to prove that the city, county, or state government agency responsible for the maintenance was negligent in failing to maintain the roadway where your accident occurred. We will also need to show that the poor conditions actually and proximately caused your accident.
However, many state and federal government agencies are immune from lawsuits as a result of governmental immunity. There are exceptions in cases where road maintenance was negligent, so check with one of our attorneys to see if your case qualifies as an exception.
If Defective Motorcycle Parts Caused Your Accident
Defective parts cause many motorcycle accidents. Faulty parts, such as the brakes, engine, steering components, or tires in the motorcycle or the other vehicle may malfunction, causing a crash. In such cases, the victim must show that there was a manufacturing or design defect. The victim may bring a case under the theory of strict liability. If we can show that a vehicle part was defective and that the defect caused your injuries, that is all we will need to recover damages from the manufacturer.
Get Answers From An Experienced Attorney.SPEAK TO AN ATTORNEY NOW
What Can I Recover If I File A Motorcycle Accident Lawsuit?
Injured motorcyclists who have suffered serious injuries can recover both economic and non-economic damages to cover a variety of expenses related to the accident. Economic damages include tangible costs such as:
- Medical expenses like rehabilitation and surgery costs
- Lost wages
- Hospital bills
- At-home care
- Loss of future earning capacity
Non-economic damages cover more intangible costs such as:
- Mental anguish
- Pain and suffering
- Loss of enjoyment of life
Miami Motorcycle AccidentsYOU CAN TRUST US 800-747-3733
What Are the Benefits Of Hiring An Attorney To Help Me With My Motorcycle Accident Case?
You can sometimes work through your motorcycle case independently in more straightforward cases. Still, it helps to consult with an attorney in many cases. In addition to helping you determine who was at fault for the accident, our firm can help you in the following areas:
- Estimate how much you can get in compensation
- Answer your questions about your legal options following a motorcycle accident
- Help you communicate with insurance companies
- Advise you about offers from insurance companies so you avoid accepting lowball offers
- Help you fill out the proper paperwork so you don’t miss any deadlines for handling your case
Handling Insurance Negotiations After A Miami Motorcycle Accident
After a motorcycle accident in Miami, you are most likely trying to heal from your injuries, whether at home or in the hospital. The last thing on your mind is dealing with the insurance company and haggling over the compensation you are due.
You should approach insurance negotiations with caution. Contrary to common belief, insurers don’t exist to provide adequate compensation to accident victims. Rather, they make their money off selling policies. They’d like to see you settle for as low as possible.
They may employ a range of common tactics to persuade you into taking a low-ball settlement. These include requesting a recorded statement or reviewing your social media presence. There are a few measures you can take to avoid jeopardizing your claim during the insurance negotiation process:
- Divulge as little information as possible: Insurers know that they can leverage your words against you. During communications, insurers may ask you for specific details about the accident. If this situation occurs, divulge as little as possible. Unintended statements can suggest to insurers that you were partially at fault, or not injured by your motorcycle accident.
- Do not post about your accident on social media: Insurers won’t just review your recorded statements. They may scrutinize your social media presence. After a motorcycle accident, refrain from making posts about your injuries, the accident, or the condition of your vehicle.
Remember, if the at-fault party’s insurer requests that you provide a recorded statement, you don’t have to oblige. You can refuse to comment and point them to your Miami motorcycle accident lawyer instead. Our team is happy to manage communication with insurers on your behalf.
Client Testimonials: We’ve Helped Them, And We Can Help You Too
We are proud to service our clients in the Miami area, including those who have experienced motorcycle accidents. Here’s what just a few of our clients have had to say:
“Very professional and knowledgeable staff. Shire Patel was very understanding and professional during this tough time. Attorneys can sometimes be very hard to reach but at Anidjar & Levine they were always available or they will get right back to you. Would definitely recommend. Thank you!” ~ John
“I wanted to reach out and say thank you for the outstanding service that your firm has provided to my family. My wife couldn’t say enough great things about how she was treated by everyone from your firm. Avery also went above and beyond to make sure she was well taken care of throughout the entirety of her case. I sincerely appreciate everything, especially the professionalism and work ethic that your firm displayed to us.” ~ Michael
What Should I Do After A Motorcycle Accident in Miami?
The most important step you can take after a motorcycle accident in Miami that was not your fault is to seek medical attention. Even if you think you’re okay, some injuries take days to manifest. Common injuries after a motorcycle accident may include:
- Broken bones
- Cuts and scrapes
- Road rash
- Traumatic brain injuries (TBIs)
It’s critical for a doctor to evaluate you and document your injuries following your crash. Medical records can be valuable evidence in motorcycle accident claims. Your next steps should include the following:
- Gather contact information of those involved in the accident and any eyewitnesses
- Contact a lawyer
- Review your insurance policies to better understand how they may apply to your case
Don’t Wait To Get Started On Your Case
We understand that the aftermath of a motorcycle accident in Miami can be complicated. You may feel too overwhelmed to act quickly between the medical bills and injury recovery time. However, it’s imperative that you get started on your case as soon as possible.
Gathering evidence to build a strong motorcycle accident case takes time. You may need the following evidence to establish fault:
- Traffic camera footage
- Images of the accident
- Eyewitness statements
- Expert testimony
- Medical records
This evidence is best accessed as soon as possible after the accident. This way, the events surrounding the accident will be fresh in the minds of witnesses.
Similarly, motorcycle accidents are subject to Florida’s statute of limitations. Florida Statutes § 95.11(3)(a) allows you four years from the date of the accident to file a personal injury lawsuit in civil court. Failure to file your case within this statutory deadline means you may miss your chance to seek compensation.
Our lawyers serving Miami are familiar with the state’s deadlines to file a motorcycle accident case. We can ensure that you meet your deadlines and assist you with getting your documentation in on time.
Contact Our Team At The Law Offices Of Anidjar & Levine Today
While negligent driving is dangerous to everyone, this negligence poses a greater risk to motorcyclists as they are more susceptible to serious injury. At the Law Offices of Anidjar & Levine, we understand the challenges that come with motorcycle accident recovery. In addition to dealing with physical pain, you have to worry about missing work and being able to provide for your family.
Make sure you and your family are well cared for after your accident. Talk to a dedicated team member today about your legal options. Contact us today for a free case evaluation.
We want to put our knowledge, experience, and resources to work for you.SPEAK TO AN ATTORNEY NOW