Trusted Miami Motorcycle Accident Lawyer

If you or a loved one has suffered serious injuries following a motorcycle accident, the Miami motorcycle accident attorney at Klotzman Law Firm can help. Our team is dedicated to helping personal injury victims seek justice and fair compensation for their damages.

Call our office today at 786-823-3635 to schedule a free consultation with our Miami motorcycle accident attorney.

Seeking Compensation With a Motorcycle Accident Lawyer in Miami, FL

In Florida, motorcycle accidents can escalate into intricate personal injury claims. Victims may face biases from insurance companies, law enforcement, and within the justice system, complicating their quest for fair compensation.

A skilled motorcycle accident attorney in Miami is crucial for navigating these challenges. They bring experience and resources to manage your case, focusing on:

• Evidence gathering: Accumulating proof of liability, including witness statements, accident scene reports, and medical records.
• Medical evaluation: Facilitating comprehensive treatment and loss assessment by trusted medical professionals.
• Financial assessment: Consulting with experts to evaluate current and future losses.
• Negotiations: Effectively communicating with insurance companies and opposing legal teams.
• Trial preparation: Preparing your case for court to secure a favorable outcome.

Your motorcycle accident lawyer also plays a vital role in countering biases against motorcyclists, a key factor in winning your motorcycle accident claim. Understanding Florida’s complex legal landscape is essential. Our motorcycle accident attorney is adept at advocating for your rights, and leveling the playing field against well-represented insurance firms.

Why Partner with Klotzman Law Firm?

Clients often select the Klotzman Law Firm for personal injury legal representation because of our positive reputation and strong ties to our community. We are more than just a law firm, we are active members in the Florida communities we represent. Suffering personal injury or the loss of a loved one due to a motorcycle accident is a tragic event. Our law office can provide legal advice and support.

Client Testimonials

“I had an excellent experience with Klotzman law! They were professional, attentive, and truly dedicated to my case. Their expertise led to a successful settlement. I highly recommend them to anyone seeking legal assistance!” – Corey G.

“We can’t thank Scott Klotzman law firm enough. Scott’s professionalism, knowledge and attention to detail put us at ease. He was wonderful at explaining all of our questions and treated our case is if it was his own.” – Ashley L.

“5 stars for a 5 star lawyer – Scott Klotzman is an excellent attorney! I can’t say enough good things about him. He is detailed, thorough, empathetic and exactly the advocate you need in your corner when dealing with your insurance company.” – Sean S.

What Should I Do After a Motorcycle Accident in Miami?

The aftermath of a motorcycle accident can be filled with pain, overwhelming feelings, confusion, and uncertainty. It can be difficult to know what to do first. The following are the initial immediate steps you should take after you or a loved one experiences a motorcycle crash.

• Seek medical attention for any obvious injuries, but seek a healthcare evaluation from a medical provider to rule out any “hidden injuries.”
• Document the accident scene and all vehicles, signage, and skid marks by taking photos and videos of everything relating to the collision.
• Gather witness information, such as contact information and a written account of what they saw.

Additionally, contact a qualified attorney as soon as possible. Insurance companies often try to short-change or outright deny motorcycle accident victims when it comes to compensation. An experienced Florida motorcycle accident lawyer can protect your legal rights.

What Are the Most Common Injuries Seen in Motorcycle Accidents?

Unfortunately, motorcycles don’t have the same kind of protection for the rider that a car does for the occupants. In most cases, the rider’s body receives the full force of the impact. The result could be life-threatening and catastrophic injuries. Some of the common motorcycle injuries include:

• Road rash and lacerations
• Broken bones and fractures
• Hand, knee, elbow, and ankle injuries
• Skull fractures
• Traumatic brain injuries and other types of head injuries
• Spinal cord injuries and paralysis
• Neck and back injuries
• Chest injuries
• Internal organ damage
• Crushing injuries

Immediate medical attention is often necessary to save the life of the rider or prevent the injuries from getting worse. If you’re unable to go to the emergency room following an accident, you should see your doctor as soon as possible. Failure to seek medical attention or delaying too much may give the defendant and their insurer a reason to undervalue or deny your claim.

What Are the Common Causes of Motorcycle Accidents in Miami?

Motorcycle accidents occur for numerous reasons, many of which are related to driver negligence, carelessness, or recklessness. The following are several of the most common causes.

• Distracted driving (e.g., texting, eating, fidgeting with a GPS, or otherwise not paying attention)
• Fatigued driving
• Speeding or excessive speeding
• Aggressive driving or road rage
• Unsafe passing and lane changes
• Running a stop sign or red light
• Failure to yield to the right-of-way
• Unsafe left turns
• Adverse weather conditions
• Hazardous road conditions
• Tailgating
• Driver not seeing the motorcyclist in their blind spot
• Driving under the influence of alcohol or drugs
• Defective parts on the motorcycle

In some cases, a motorcycle crash may have multiple causes. An experienced Florida motorcycle accident attorney can investigate the crash, identify the at-fault party, and pursue an injury or property damage claim.

How is Fault Determined in a Miami, FL Motorcycle Accident?

Motorcyclists in Florida are expected to follow the same traffic laws as other motorists. As such, when a motorcycle rider gets into an accident, their duty of care is handled as in any other negligence case. If the accident is found to have been caused by someone else’s carelessness or negligence, the victim must be able to prove the four elements of negligence as outlined below.

The Defendant Owed Them a Duty of Care

Drivers are expected to behave in a way that is reasonably safe for other road users. In these kinds of cases, conduct is usually compared to that of a reasonable person. This means that an intoxicated driver should not get behind the wheel, and a driver talking on their phone should pull their car over.

The Defendant Breached Their Duty of Care

You have to show that the defendant breached their duty of care towards you by not taking reasonable care while driving. Any driver who breaks traffic rules or engages in any behavior that endangers other road users, such as distracted driving, DUI/DWI, or careless driving, is considered to be in breach of this duty of care.

This Breach Directly Resulted in Injuries and Damages

You must also be able to prove that the other driver’s negligent or reckless actions directly led to your injuries and damages. This might require compelling evidence and expert witnesses to show that your specific injuries were a direct result of the driver’s actions.

You Suffered Damages and Injuries Compensable Under Florida Law

This is probably the easiest element to prove. Your motorcycle accident lawyer will calculate and document the total damages and expected costs of the injuries suffered in the crash to ensure that all damages are accounted for in full.

Comparative Negligence in Florida

Florida is a comparative negligence state, which means that the blame for the accident (liability) is distributed among the responsible parties. The court or a mediator will figure out what percentage of fault each of the parties holds, and then reduce every party’s compensation by this amount.

Under the new modified comparative negligence system in Florida, individuals will be barred from compensation recovery if they are more than 50 percent responsible for causing their own injuries. The percentage of liability or fault you are ascribed to will reduce the amount of any compensation the judge or jury awards you by the same percentage as long as it is under 50 percent.

For instance, if the damages in your motorcycle accident are found to amount to $100,000 and the at-fault driver is found to be 80 percent at fault (and you 20 percent at fault), you would only be eligible to receive $80,000. If you are found to be 50 percent at-fault in you will be barred from receiving any compensation.

If you have any concerns or questions about who can be held liable for your injuries or damages, be sure to contact the Miami, Florida accident lawyer at Klotzman Law Firm today.

How Do I Prove Negligence After a Motorcycle Accident in Florida?

The majority of motorcycle accident claims are based on negligence-based theories. In Florida personal injury cases, it is the burden of the plaintiff to prove negligence after a motorcycle accident. This involves:

• Proving duty of care
• The defendant breached said duty
• Causation, (meaning the breach caused the crash)
• Injuries, property damage, and other losses were the direct result of the crash

It is essential to discuss the case with a skilled Florida accident attorney who is well-versed in Florida insurance and personal injury laws. An attorney will investigate, gather evidence, and build a strong case.

Can I File a Personal Injury Claim for a Loved One’s Wrongful Death?

Yes, if you are an eligible family member, you may file a personal injury claim for wrongful death in Florida if your loved one suffered a fatality. As an eligible beneficiary, you may potentially claim compensation for your losses, including but not limited to:

• Funeral and burial expenses
• Medical bills accumulated from the accident before your loved one’s death
• Pain and suffering
• Loss of future income and benefits
• Loss of household services
• Costs associated with becoming a single parent (e.g., daycare or other costs)
• Loss of companionship

The surviving family members who are eligible to file a wrongful death claim in Florida include spouses, minor children, adult children, parents, dependent family members, and children of unmarried parents. It is important to speak to a Miami attorney before filing a claim because familial relationships are prioritized.

What Type of Compensation Can I Receive for My Motorcycle Accident?

If you get hurt in a motorcycle accident in Miami, FL, you might be eligible for compensation from the at-fault party to cover your losses. As a motorcycle crash plaintiff, you could be eligible for compensation under the following types of damages:

Economic damages

Economic damages are meant to financially compensate the victim for any out-of-pocket expenses incurred from the accident. Some examples of special damages include:

• Medical bills, including past and future medical expenses
• Motorcycle replacement or repair
• Lost income or loss of earning capacity in case the injuries prevent you from working as you used to
• Loss of irreplaceable or priceless items

Non-economic damages

Non-economic damages, also known as general damages, are meant to compensate the victim for any non-monetary losses from the accident. General damages often make up the largest percentage of most injury claims. They include:

• Past and future pain and suffering
• Physical impairment
• Mental anguish and emotional distress
• Lowered quality of life
• Disfigurement and scarring

People who lost a loved one in a motorcycle crash might be eligible for additional damages under the wrongful death statutes, including grief, loss of companionship, loss of personal or household services, as well as funeral and burial expenses.

Punitive damages

Punitive action may sometimes come into play based on the circumstances of your case. The conduct of the responsible party might have been too extreme to call for additional punishment as a way to deter the defendant and members of the public from engaging in such acts in the future.

For instance, a motorist who intentionally strikes a motorcycle and ends up causing serious injury to the rider might be considered to have engaged in conduct that the judge or jurors call for punitive damages.

Can I File an Injury Claim if the Other Driver Was Uninsured?

Many people worry about what to do to pay for their motorcycle accident injuries and other damages if the other driver involved in a motorcycle accident was uninsured.

One thing you can do is pursue compensation through your own insurer if you have uninsured motorist coverage. This is optional but can offer protection against uninsured drivers. If you do have coverage, be sure to file timely so you do not inadvertently miss any deadlines.

Another option is to pursue compensation through legal channels. This could involve taking legal action against your insurance company if they deny your claim or suing the at-fault driver.

How Do Insurance Companies Handle Motorcycle Accident Claims?

Keep in mind, insurers will rarely offer a fair settlement. Furthermore, many often deny a claim as a first course of action, especially for motorcyclists. Always remember, insurance companies are not looking out for your best interests, they are more concerned with paying out as little as possible and often try to blame the accident victim so they can avoid financial responsibility.

With that being said, insurance companies typically follow the same general process for claims.

• Individuals file a claim
• Insurance companies will have a representative call to discuss accident details (these are often recorded conversations)
• Send an adjuster to evaluate damages and injuries
• Calculate and assign a value to any losses (not usually correct or even fair)

Working with an experienced Miami motorcycle attorney who knows how to advocate and negotiate is the ideal way to overcome the hurdles insurance companies will place in your way. Unfortunately, insurers are notorious for offering low settlement offers to injured parties and taking advantage of people who do not have legal representation.

Why Was My Motorcycle Accident Claim Denied?

When involved in a motorcycle accident due to another’s negligence, it’s reasonable to expect compensation from the at-fault driver’s insurance company. However, claims are not always straightforward, and denials can occur, even in seemingly strong cases.

Being aware of the strategies used by insurance companies to deny motorcycle accident claims is crucial. This knowledge empowers you to effectively contest denials and pursue the compensation you’re entitled to. Key reasons for claim denials include:

Negative Bias

Many people tend to stereotype motorcycle riders as reckless. Although they might rarely admit this, it could be an underlying reason why your claim was denied. You might have to fight harder for a fair settlement.

Delayed Medical Treatment

If you didn’t seek immediate medical attention following the accident, it could be a reason for the insurer to deny your claim. This is especially true if you didn’t get examined by a doctor within 48 hours of the collision.

Pre-Existing Conditions

If your medical records show that you had suffered injuries similar to those suffered in the crash, the insurance company could deny your claim. However, in most cases, it’s not a legitimate reason to deny a claim.

Liability Issues

The insurance company might claim that you were the negligent party responsible for the crash. You might have to present additional evidence to prove otherwise. Even if you’re found partly to blame for the accident, you’re still entitled to compensation under Florida negligence laws.

Inadequate Coverage

The insurance company might deny your claim for reasons associated with the other driver’s insurance policy. They might claim that:

• The insurance policy had lapsed at the time of the accident due to factors such as non-payment of premiums.
• The driver responsible for the accident was excluded from coverage under the policy
• The insurance policy undertaken by the negligent driver is insufficient to fully compensate you.

In case your claim is denied for any of these reasons, you should seek the help of an experienced motorcycle accident lawyer to review your policy and establish if the insurance company is actually telling the truth. You should then seek other ways to get the compensation, such as using your own motorcycle insurance policy.

Are There Time Limits to Filing a Claim in Florida?

In every state, you have to file your motorcycle accident claim in court within a given timeframe for it to be valid. This is referred to as the statute of limitations. In Florida, the statute of limitations for personal injury cases, including motorcycle accident claims, is two years from the time of the accident.

If you fail to meet this deadline, the court will likely dismiss your case. In some cases, the judge might be willing to extend this deadline, such as if the plaintiff is a minor, or in case the injuries didn’t manifest until a few weeks after the crash.

It’s also worth noting the 14-day rule that can affect your ability to obtain compensation under your personal injury protection (PIP) insurance policy. It says that you have to seek medical attention within 14 days of the accident. Failure to meet this deadline might result in your PIP provider denying your claim.

Do I Need a Personal Injury Attorney for My Motorcycle Accident Claim?

Technically, you do not need a personal injury attorney, but having one by your side is highly beneficial for motorcycle accident cases (or any other type of personal injury). Your attorney will navigate the legal complexities, gather evidence, evaluate injuries and property damage, identify at-fault parties, negotiate with insurance companies, and advocate on your behalf to secure the best possible outcome.

Injured in a Motorcycle Crash? Our Motorcycle Accident Lawyers Can Help.

If you or a loved one was injured in a motorcycle or car accident caused by the reckless behavior of another motorist in Miami, FL, consider seeking legal assistance as soon as possible. At Klotzman Law Firm, our Miami motorcycle accident lawyer has extensive legal experience handling these kinds of claims, and is ready to get to work immediately.

Let our Miami motorcycle accident lawyer investigate what happened, establish exactly who is liable, and work to secure full compensation for your losses. We’ll guide you through the legal process and help you understand your rights and options every step of the way.

We work on a contingency fee basis, so you don’t have to pay us anything upfront to access our services. We collect our fee from any settlement we obtain on your behalf. So, you have nothing to lose when you enlist our services.

Whenever you need an experienced Miami motorcycle accident attorney, feel free to contact us online or call us—our phone number is 786-823-3635 to schedule a no-obligation free case evaluation. You can also visit our Miami office or request our motorcycle accident lawyer to come to a convenient location.