If you suffered bodily injury when riding your motorcycle, then you need to talk to a Miami motorcycle accident lawyer right away. Most motorcycle accidents involve severe injuries that undoubtedly lead to high medical expenses. A Miami motorcycle accident can cause traumatic brain injuries, spinal cord injuries and broken bones. You may be wondering who will pay for your medical bills, lost wages, and damages while you recover.
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Nunez Law P.L. is a trusted law firm dedicated to representing motorcycle accident victims in Miami-Dade County. We fight hard to
get you the compensation you deserve for your medical bills, lost wages, damaged bike, and pain and suffering. Call (786) 882-2038 now to schedule your free consultation with an experienced motorcycle accident lawyer.
Florida Motorcycle Accident Laws
The statute of limitations for motorcycle accident cases is two (2) years after the accident occurred. However, according to Florida Statute Section 95.11(4)(d), the statute of limitations is two years if the motorcycle accident involved a wrongful death. Florida consistently ranks in the top three states in the US for motorcycle-related fatalities.
Under Florida law, you can recover damages for your personal injuries from the at-fault driver. The state uses a system called comparative negligence to determine fault.
There are laws and regulations that govern motorcycle owners, riders, and operators. All motorcycle operators must wear a helmet if they are under the age of 21. A motorcyclist who is over age 21 has the right to choose not to wear a motorcycle helmet. If so, they must have insurance coverage up to $10,000 if involved in an accident. Personal Injury Protection (PIP) insurance only covers vehicles with four wheels, not motorcycles or motorcycle passengers in Florida.
Common Motorcycle Accident Injuries
Motorcycle crashes can lead to catastrophic injuries that will require long-term or lifelong medical treatment, sometimes costing millions of dollars. Wearing protective gear like eye protection, a helmet, over-the-ankle footwear with nonslip soles, full-fingered gloves, and a sturdy jacket and pants can help prevent common motorcycle injuries.
Road Rash
Road rash is a friction abrasion caused by the skin getting scraped by the asphalt during a motorcycle wreck. While it is one of the most common motorcycle accident injuries, road rash usually isn’t life-threatening. Wearing a sturdy jacket and pants (like leather and jeans), closed-toe shoes or boots, and Kevlar gloves can help protect your skin if you are in an accident.
Traumatic Brain Injuries
A traumatic brain injury (TBI) is caused by a sudden, forceful strike to the head. Helmets can reduce the risk of head injury by 69%. Motorcycle riders should always wear a helmet to reduce their chances of suffering from TBI after a motorcycle crash. The CDC reports that the US could save $1.5 billion in economic costs if all motorcyclists wore helmets.
Spinal Cord Injuries
Motorcycle accidents are much more dangerous than car accidents because in a car accident, the driver or passengers are protected by the exterior of the car. A motorcyclist takes the full force of the impact, though, which can twist and contort their body, tearing the nerves in the spinal cord, and breaking the vertebrae in the spine.
Internal Bleeding
Motorcycle accidents can cause internal bleeding of the spleen, liver, heart, or other internal organs. Severe blunt injury to the leg could cause internal bleeding in the thighs. Symptoms of internal bleeding include pain, swelling, dizziness, and purpling of the skin.
Broken Bones
The sudden deceleration of the body as it is hit by a car or hits a solid object pushes the bones beyond their breaking point. Bone fractures may require extensive medical treatment, which will also yield high medical bills. Learn more about what our Miami motorcycle accident attorneys can do for you by calling us today.
Motorcycle Accident Settlements
A motorcycle accident lawyer helps you get the compensatory damages that you deserve: economic damages and noneconomic damages. Sometimes punitive damages are awarded to the motorcycle driver and are paid for directly by the at-fault driver. Punitive damages are awarded in cases where the defendant’s outrageous behavior is found to be especially harmful and reckless.
Economic Damages
Economic damages in motorcycle accidents traditionally include medical expenses, lost wages, diminished earning capacity, property damage, and other expenses related to your motorcycle accident claim.
Noneconomic Damages
Noneconomic damages compensate victims of motorcycle accidents for their intangible losses like mental anguish, emotional distress, Post-Traumatic Stress Disorder, and physical pain and suffering.
Wrongful Death Suit
If you have lost a loved one in a fatal accident, then you should talk to a motorcycle accident lawyer about recovering damages for the funeral and burial expenses, medical expenses the victim incurred before their untimely death, and the total of the deceased’s wages, bonuses, and benefits. A surviving spouse can file for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.
Common Causes of Miami Motorcycle Accidents
There are different types of Miami motorcycle accidents, and they are all caused by driver negligence such as speeding, changing lanes without signals or not checking blind spots.
Failing to See Motorcycle Drivers
Because motorcycles are smaller in size than other motor vehicles, they appear further away, which makes it difficult for drivers to determine a motorcyclist’s distance and speed. Sometimes motorcycles are traveling in a car’s blindspot, and some motorcycle riders wear clothing that makes it hard for them to be noticed in traffic. Putting high-vis tape or paint on the helmet makes motorcyclists more visible.
White Lining
Only one state has legalized driving between lanes of traffic, also known as “white lining,” named after the white lines on the road. This practice is legal in California, but motorcycle riders in Florida are prohibited from doing so under Florida Statute 316.209 (3).
Drunk Driving
Our motorcycle accident attorneys can help you file a personal injury claim against the drunk driver who caused the accident. Everyone knows that drunk driving is unsafe and illegal, but it is even more dangerous when riding a motorcycle. Alcohol negatively affects the parasympathetic nervous system. This decreases brain activity, and messages travel more slowly. This is why drunk drivers often have slurred speech, slow muscle reactions, memory disruptions, and an inability to think clearly or logically.
Distracted Driving
3,142 people were killed in motor vehicle accidents by distracted drivers in 2020. Whenever a driver takes their hands off the wheel, or their eyes off the road, they put motorcyclists at risk. Distracted, driving involves eating behind the wheel, talking on the phone, reading GPS directions, and responding to text messages or emails. A Miami motorcycle accident lawyer can help you if a driver hits you while distracted behind the wheel.
A Miami Motorcycle Accident Lawyer Builds Your Case
Your motorcycle accident lawyer will work hard to uncover who bears legal and financial responsibility for the motorcycle crash. Any number of parties can be liable for the motorcycle or car accident including:
- The motorcycle rider
- The at-fault driver’s employer
- The motorcycle manufacturer
- The motorcycle mechanic or service center who worked on your bike
It is against Florida law to operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. A motorcyclist could be liable for a Miami motorcycle accident if they were breaking this law at the time of the accident.
Investigation
We conduct a thorough investigation into the cause of your accident. We can subpoena footage from local traffic cameras, businesses, or homes with surveillance cameras that may have captured your motorcycle accident. We review the police report, your medical records, photos from the scene of the accident, and other evidence to establish the facts in your case and build a strong legal strategy for you.
Interview Witnesses
Witness testimony can greatly strengthen your personal injury claim. A witness can be a person who was at the scene of the motorcycle accident or witnessed another person admit fault.
Expert witnesses provide useful testimony and are valuable in many motorcycle accident cases. A medical expert can explain how your motorcycle accident injuries have impacted you and how the injuries sustained will impact your future. An accident reconstruction expert recreates the scene of the motorcycle accident, for example. Their specialized expertise in forensic investigations means that their testimony can be admitted in court to explain the technical aspects of your accident or injuries to a judge or jury.
Negotiating With the Insurance Company
A motorcycle accident attorney protects you from low settlement offers and tricks by the insurance company. When you hire a motorcycle accident attorney with years of experience in negotiating with insurance companies, you are more likely to get a higher settlement.
What to Do After a Motorcycle Accident
You must report the motorcycle accident if there are any injuries or property damage. Call 911 so that the police can arrive to generate an auto accident report and so that you can receive medical treatment from paramedics. Stay at the scene of the accident. Leaving the scene of an accident is a criminal offense and is almost certain to negatively affect your case.
Get the name, address, e-mail address, phone number, and auto insurance information from the other driver. Make sure to also get the contact information for any witnesses or passengers in their vehicle. Do not admit fault, apologize for the accident, or blame the other driver.
Take pictures of where the accident occurred. If you cannot take photos, then have somebody else take them for you. Take a combination of close-up shots and wide shots so that you keep both the details as well as the entire scene. Be sure to also get photos of street signs, traffic, signs, traffic signals, and the posted speed limit.
You should seek medical attention within 24 hours of the accident. Go to the nearest emergency room and tell the doctor that you were involved in a motorcycle accident.
Contact a Miami motorcycle accident lawyer before you contact the insurance company. They have a way of wording questions and twisting information to go against you in your case. Insurance companies are businesses even if they portray themselves as friendly or on your side. Miami personal injury attorney advises you of your rights under state laws so that you are not taken advantage of or get less than you deserve.
Talk to a Personal Injury Lawyer Now
Nunez Law P.L. offers a free consultation, so call now. We recommend that you schedule your free case evaluation within days of your accident so that we can start on your case right away.
Your Miami motorcycle accident attorney will be honest with you about what to expect in the process of filing your personal injury lawsuit. Here are some questions you should ask a motorcycle accident attorney during your free consultation:
- How will you communicate with me about the progress of my motorcycle accident case?
- Will you take my case all the way to trial if necessary?
- Have you taken other motorcycle accident cases that are similar to mine?
- How will I be able to communicate with you with questions regarding my case?
- What is your fee structure?
To learn more about the rights you have under Florida law after your Miami motorcycle accident, call (786) 882-2038 to reach Nunez Law P.L..
