Thousands of people use riding as a form of transportation across Florida. Unfortunately, the same factors that make motorcycle riding enjoyable increase the risk of serious injury.
Miami-Dade County had the highest number of motorcycle crashes in 2020, with 1,339 crashes resulting in 1,234 injuries and 33 fatalities. (Source: Florida Department of Highway Safety and Motor Vehicles)
Luckily, there is still hope after a motorcycle crash, and with the assistance of a Miami motorcycle accident lawyer you can file a personal injury claim against all responsible parties.
If you’ve been involved in a motorcycle accident, it’s important to recognize that it could have a lasting impact on your life. The resulting physical and psychological injuries and fatalities can be costly. But all is not lost; motorcycle accident victims or loved ones who lose a loved one in a motorcycle crash are entitled to compensation, and our motorcycle accident attorneys in Miami can help.
A personal injury lawyer can help you to obtain a settlement to cover your medical expenses, other expenses, lost wages, pain and suffering, and other damages related to the crash. If you were harmed in a motorcycle accident in Miami, Florida, immediately speak with a Miami motorcycle injury attorney from Klotzman Law Firm.
Call us at 954-915-7405 to make a free consultation and discuss your potential injury case.
How Can a Motorcycle Accident Lawyer Help With My Compensation Claim?
Motorcycle accident lawyers at Klotzman Law Firm in Miami will handle your injury claim from start to end. You may rely on your attorney to investigate your claim, gather crucial evidence to support it, and work to get you fairly compensated for your injuries.
You must be aware of your legal rights if you get harmed in a motorbike accident and take action to defend them. A motorcycle accident lawyer can assist with your case in many ways, including but not limited to the following:
– Collecting Crucial Evidence for Your Claim
Gathering evidence at the accident scene is one of the most crucial things to do. If you choose to pursue legal action, you will require images, witness statements, and driver information (s). Our Miami motorcycle accident attorney can investigate what occurred and compile all the necessary information.
We will go above and beyond to locate, examine, and collect photographs, videos, eyewitness testimony, and other forms of proof. We will also review your medical records and consult with your doctors and other experts to put out a compelling argument on your behalf.
– Assessing the Accident Liability
You must demonstrate that one or more people were at fault to receive compensation for the harm a motorcycle accident causes to you. Our motorcycle accident attorney in Miami will review the relevant facts and inform you of the type(s) of claims you can make.
Most motorcycle accident lawsuits target the operator of another vehicle. However, other options might be available to you, depending on the specifics of your circumstance. For instance, you can claim product liability if your motorcycle’s design or one of its components is defective.
The legal team of Miami motorcycle accident lawyers at Klotzman Law Firm can determine who is responsible for your injuries and other losses after identifying who is at fault.
– Calculating Your Claim Damages
Motorcyclists often get severe injuries in collisions. As a result, a motorcycle accident case may net a sizable sum of money. You will likely undervalue the claim if you manage it independently. You can be entitled to financial compensation following a motorcycle accident for:
– All of your current and future medical expenses
– Loss of the capacity to generate income
– Pain and difficulty
Insurance providers are rarely honest with accident victims regarding the value of their motorcycle accident claims. You will require the assistance of an experienced motorcycle accident attorney from Klotzman Law Firm to calculate your claim fair and accurate value.
– Negotiating a Fair Motorcycle Accident Settlement
A motorcycle accident attorney in Miami can represent you in negotiations with the insurance company and assist you in determining how much compensation you may be entitled to for your injuries. Besides, it is risky to attempt to settle a claim dispute on your own.
Insurers often persuade victims that the first offer is the best they can do. Among other tactics, they may ask you to give a recorded statement without your attorney present, only to use it against you. Our Miami motorcycle accident attorneys know such tricks and will typically negotiate a better bargain for you than you can.
– Taking Your Miami Motorcycle Accident Case to Trial
Most motorcycle accident lawsuits are often resolved outside the courtroom. However, there are still cases where negotiations fail, and settling the case through negotiations becomes impossible. Settlement negotiations with insurance companies after a motorcycle accident fall through for several reasons, especially when:
– There is a debate about the accountable party for the motorcycle accident
– Your claim includes considerable losses
– There is a wrongful death claim
When settlement negotiations reach a dead end, filing a lawsuit and even appearing in court may be necessary to obtain the appropriate compensation for the accident claims. If so, consider seeking the assistance of a skilled motorcycle accident attorney near you.
Your attorney will file the necessary paperwork to begin your case. It takes time and effort to grasp the intricacies of litigation, a remarkably specialized area of law. Rest assured that our Miami motorcycle accident attorney will not hesitate to go to trial if that’s what it takes to achieve a fair outcome.
What Are The Most Common Causes Of Motorcycle Accidents?
As observed by our Miami motorcycle accident lawyers, the injuries sustained in motorcycle accidents can be devastating. Fortunately, many of these crashes are preventable. Below are a few examples of some common causes of motorcycle accidents:
Even if you are an expert rider, distracted drivers can pose a threat to your safety on the road. Various distractions, such as listening to music, taking phone calls, or texting, can impair a driver’s ability to see and respond to a motorcyclist. To minimize this risk, motorcyclists should take extra care to ensure they are visible and stay alert for distracted drivers.
Failure to Notice Motorcycles
One of the leading causes of bike crashes is other drivers’ failure to notice them. This is often due to glare or obstruction, and it is critical for motorcyclists to make themselves visible and conspicuous on the road.
Wearing bright clothing, using turn signals, and turning on headlights can all help to increase visibility and prevent accidents.
Driving Under the Influence
Operating a car, truck, or motorcycle while impaired by drugs or alcohol is a severe form of negligence that poses a significant danger to all road users, including motorcyclists. Alcohol is a factor in half of all fatal single-vehicle motorcycle accidents. Due to the additional skill and coordination required to operate a motorcycle, it is particularly difficult to ride safely while under the influence.
While not always a personal issue, faulty motorcycle parts are a common cause of accidents. For example, malfunctioning brakes or mirrors can result in serious accidents. However, with proper maintenance and regular inspections, it is possible to avoid accidents caused by defective parts. Consult your service manual or take your motorcycle to a certified dealer for routine inspections if you are unsure how to maintain it properly.
Unexpected Pedestrians on the Road
Most people have jaywalked at least once in their lives, if not every time they feel it is safe to do so. Yet, it might be risky to stroll in or close to roadways or do so in any other way. An unexpected pedestrian on the road can push the motorcycle off course or off balance as you swerve to avoid them.
Motorcycle Accident Statistics
Florida leads all other states in annual motorcycle accident fatalities. It’s concerning that there have been more deadly motorcycle accidents in Florida over time:
Traffic crash reports from the National Highway Traffic Safety Administration, there were 8,638 motorcycle accidents in Florida, with 593 fatalities. In 2020, there were 8,045 motorcycle accidents, which resulted in 552 fatalities.
In addition to the hundreds of people who lose their lives in motorcycle accidents each year in Florida, 7,700 other persons suffer injuries ranging from mild to severe enough to render them unable to work again.
The National Highway Traffic Safety Administration reports around 5,200 fatal motorcycle accidents nationwide each year. Motorcycle accidents cause approximately 103,000 yearly, which has doubled over the past ten years.
For various factors, Florida has more motorcycle fatalities than other states. First, bikers in Florida are exempt from wearing helmets when riding their bikes. According to statistics on motorcycle accidents, most fatalities in Florida occurred due to motorists failing to wear helmets.
What Are the Motorcycle-Specific Laws in Florida?
Florida’s motorcycle regulations cover many topics, such as bike specifications and traffic laws. Motorcyclists in Florida are obligated to follow specific rules, including the following:
– Headlights: Motorcycle riders must keep their headlights on at all times, even during the day, to ensure they are visible to other drivers.
– Lane Passing and Lane Splitting: According to Florida law, motorcyclists are not allowed to pass other vehicles in the same lane, and lane splitting is also restricted.
– Mandatory Gear: Florida law requires motorcycle riders to wear helmets and eye protection while operating their vehicles, with some exceptions for those over 21 who carry appropriate insurance.
– Headsets: Wearing headphones while operating a motorcycle is prohibited by Florida law, but a Bluetooth device with an earpiece in one ear is permitted.
– Lane Use: Motorcyclists have the right to utilize the entire lane in Florida, and two motorcycles may travel in the same lane, but passing a car while in your lane is not allowed, and riding between lanes and vehicle rows is also illegal.
– Motorcycle Endorsement: In Florida, a driver’s license and a motorcycle endorsement are required to legally operate a motorcycle, particularly those with two or three wheels and an engine of at least 50 ccs.
What Are the Most Common Injuries Seen in Motorcycle Accidents?
Typically, motorbike accidents seriously harm people. Any body part can sustain injuries during a motorcycle collision. According to an NHTSA study, most fatal and permanently incapacitating injuries occur when the front of the motorcycle is struck. Motorcycle riders are more likely to sustain the following injuries:
– Broken Bones: Broken or shattered bones are common damage from motorbike accidents. You can break your femur, forearm, shin, and pelvic bones due to motorbike accidents.
– Road Rash: A road rash results from a motorist colliding and crashing with the road, causing deep cuts and skin scratches. This type of injury can range in severity from minor to severe, necessitating quick medical attention and placing you at risk for life-threatening infections and permanent scarring.
– Head and Brain Injuries: Head, face and neck injuries are probably among the worst injuries to motorcyclists in a collision. The most evident effect of severe trauma is death or lasting body damage possibility. Concussions, brain damage, skull fractures, brain bleeding and swelling, and paralysis are all possible outcomes of head trauma.
– Spinal Cord Injuries: You may become paralyzed if the spinal cord is damaged in an accident. When such severe harm occurs, you may find it hard to secure employment again.
How is Fault Determined In a Miami Motorcycle Accident?
It can be difficult to determine who was at fault in a motorbike collision. You and your attorney must be able to prove that the other party was negligent if you wish to make a personal injury claim. You must demonstrate four things to establish the other parties’ negligence:
– The other party (s) owed you a duty of care
– The other driver failed to follow the proper protocol
– You suffered injuries due to the breach of duty of care
– The breach resulted in your damages
In Florida, fault in personal injury cases, including motorcycle accidents, is determined using the pure comparative negligence rule. Judges and jurors must review all evidence and consider each party’s actions, such as speeding or running red lights, to determine fault. However, such actions do not necessarily indicate that one party is entirely at fault.
Fortunately, even if you share some responsibility, you can still receive compensation under the pure comparative fault rule. For example, if you were 40% at fault and the other driver was 60%, you could recover 60% of the damages.
Nevertheless, it is crucial to consult a skilled and dedicated motorcycle accident attorney to help you pursue the compensation you deserve while defending yourself against shared liability allegations. Klotzman Law Firm is a reputable personal injury firm in Florida that provides competent and knowledgeable lawyers to handle personal injury claims, including motorcycle accidents.
What Type of Compensation Can I Receive for My Motorcycle Accident?
Suppose you are a motorcycle accident victim in Miami, Fort Lauderdale, or anywhere in Florida. In that case, you may be eligible to file a claim to seek compensation for your losses. Here are the three main types of damages for which you can receive compensation:
1. Economic Damages
Economic or special damages reimburse you for any out-of-pocket expenses resulting from the accident. The damages may include:
– Medical care costs
– Motorcycle replacement or repair costs
– Inability to work again
– Loss of irreplaceable or precious items
2. Non-Economic Damages
Non-economic or general damages compensate you for losses that are non-quantified in monetary terms. These damages are occasionally the most crucial aspect of a personal injury claim or lawsuit. These are a few instances of general harm:
– Lowered quality of life
– Pain and suffering
– Scarring or disfigurement
– Emotional distress or mental anguish
– Physical impairment
3. Punitive Damages
Punitive damages are rare and only awarded by a jury in cases of willful misconduct, malice, fraud, wantonness, oppression, or behavior that shows disregard for the consequences. The purpose of these damages is not to compensate you but to hold the wrongdoer accountable and deter them from future wrongdoing.
If you are unsure if your case qualifies for punitive damages, our Miami motorcycle accident attorneys can advise you and help you gather evidence to prove that the person who caused the accident showed a complete disregard for your safety and the safety of other road users.
Why Was My Motorcycle Accident Claim Denied?
Motorcycle riders can find it difficult to obtain a fair settlement from insurance companies after an accident. It is not unusual for insurers to deny claims or attempt to weaken a case and dissuade the rider from pursuing it further. Here are the five common reasons why an insurance company may deny your Miami motorcycle accident claim:
- The policy was canceled or lapsed: If you cancel or miss a payment on your motorcycle insurance policy, your coverage may expire, and the insurance provider can deny your claim until you catch up on the missed payments.
- The at-fault driver was not insured under the policy: If the resulting damages exceed the at-fault driver’s coverage, the insurance company may reject your claim or offer a lowball settlement. Filing a lawsuit can provide access to other sources of compensation for losses and suffering.
- Insurers believe the accident was your fault: Preconceived notions about motorcycle riders can lead insurers or other drivers to assign blame to you – the rider. They may claim that you were driving dangerously or negligent in other ways before the collision.
- They don’t believe you were hurt: If the insurance company has reason to believe that the accident didn’t cause your injury, then the chances are that they won’t honor your claim. It’s crucial to seek medical attention after a crash, even if you don’t feel hurt, as some injuries take time to manifest.
- They don’t think the accident caused your injuries: It is not uncommon for insurance companies to claim that your injuries were pre-existing or intentionally worsened to increase your claim’s value. For this reason, you must provide solid evidence, such as photos of your injuries and medical records, to support your claim that the incident caused your injury.
Given the challenges of filing a motorcycle accident claim in Miami, it’s important to speak with an experienced lawyer soon after the accident. The Miami motorcycle accident lawyers at Klotzman Law Firm are ready to evaluate your case, file your claim, and negotiate with insurance companies to ensure you recover the fairest settlement.
Are There Time Limits to Filing a Claim in Florida?
A statute of limitations specifies how long you have to initiate a lawsuit after getting involved in an accident. Every Floridian seeking to file a lawsuit for a motorcycle accident should understand the Florida statute limitations for motorcycle accident claims. They include:
– Personal injury claims: You have up to four years from the accident date to submit a legal claim for personal injuries.
– Wrongful death claims: The family of a motorcyclist who dies in an accident has up to two years from the accident date to file a wrongful death claim.
– Claims against government entities: You have three years to initiate a claim against the appropriate government agency if poor road conditions or a distracted government driver caused your accident.
– Product liability claims: You have up to four years to file a product liability claim in Florida, such as for defective lighting.
Contact A Miami Motorcycle Accident Lawyer at Klotzman Law Firm For Help With Your Case
Various negative consequences can result from any collision or traffic accident. The surge of adrenaline that occurs after a crash can make it challenging to think clearly and take appropriate safety measures. Besides, compared to regular car drivers, motorcyclists are three times more likely to experience severe injuries in a collision due to their lack of exterior protection.
At Klotzman Law Firm, we have represented motorcycle accident victims in Miami and can help you obtain the compensation you deserve during this difficult time. Don’t be intimidated by insurance companies. We will dedicate our expertise and resources to your case to ensure you receive the best possible outcome. If necessary, we will file a lawsuit if the insurance company is not treating you fairly. We serve seriously injured motorcycle riders throughout Florida and welcome you to schedule a free consultation to discuss your case.
Contact us at 954-915-7405 or online for a 100% free and confidential consultation with our Miami motorcycle accident lawyers.