Miami Motorcycle Accident Lawyer

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Do you need a Miami Motorcycle Accident Lawyer?

At Berke Law Firm, our Miami Motorcycle Accident Attorneys have experience handling all types of motorcycle accident cases. We can help you navigate the legal process and recover the compensation you deserve.

For over 30 years, our team has been fighting for the rights of motorcycle accident victims and their families. We understand the complex laws and regulations that apply to motorcycle accidents.

Common Injuries in Motorcycle Crashes

After you have been in an accident, you may be worried about your health and how to pay your bills if you are forced out of work due to injuries. According to the National Highway Traffic Safety Administration, 5,014 motorcyclists died in 2019. A motorcycle accident can leave you with different types of injuries and trauma. You may consider getting legal help to file a claim to recover compensation for your losses.

The following are some common injuries that people sustain in motorcycle accidents: 

  •   Extremity injuries
  •   Spinal Injury
  •   Brain injury
  •   Neck injuries
  •   Fractures
  •   Broken bones
  •   Muscle damage
  •   Leg injuries
  •   Thorax injuries

Even a minor accident can be a life-altering experience. Motorcyclists are often at a higher risk of injury and death because of the unprotected nature of motorcycles. Riders should consider taking a rider safety course to reduce their risk of fatal accidents.

If you sustain injuries due to someone else’s negligence, you may be entitled to receive compensation. You can consult with an experienced Miami motorcycle accident lawyer to discuss your legal options.

Steps to take after a Motorcycle Crash

After you have been in an accident, there are certain steps you should take to protect your legal rights. The following are some important things to do if you have been involved in a motorcycle accident:

Get medical attention– Even if you think your injuries are minor, it is important to get checked out by a medical professional as soon as possible. If you wait too long to get medical attention, the insurance company may try to argue that your injuries are not related to the accident.

Gather evidence– It is important to gather evidence from the scene of the accident. This can include taking pictures and videos of the damage to your motorcycle and any visible injuries you have sustained.

File a police report– You should always file a police report after an accident. The police report can be used as evidence in your case.

Talk to witnesses- If there are any witnesses to the accident, you should get their contact information. They may be able to provide valuable information that can help your case.

Get legal help– An experienced motorcycle accident lawyer can help you navigate the legal process and recover the maximum compensation you may be entitled to.

Do not give a statement to the insurance company– The insurance company is not your friend. The insurance adjuster may try to get you to say something that could damage your case. You should never give a statement to the insurance company without first consulting with an experienced Miami Injury attorney.

Florida Motorcycle Laws

Miami Motorcycle Accident AttorneyEvery motorcyclist should be well-equipped with knowledge of motorcycle laws in Florida. These laws cover a range of requirements, including helmet use, motorcycle operation, and traffic laws. Getting compensation may be difficult if you have violated a traffic law. Therefore, it is important to be aware of rules and regulations when operating a motorcycle in Florida.

Daytime headlights are required by Florida law for motorcyclists, even during daylight hours. If failure to use a headlight leads to injuries, the motorcyclist may be found negligent.

Motorcyclists in Florida have the right to use a traffic lane in the same manner as other vehicles. They should not, however, ride between lanes of traffic. These are the rules to remember while driving on the streets in Florida. Violation of any laws could lead to hefty penalties, accidents, and injuries.

Riders of motorcycles under the age of 21 must wear helmets in Florida. Even if you are a tourist, you must ensure that you are following these rules. After 21, you do not have to wear a helmet, but must carry a minimum of $10,000 in medical insurance. Everyone, regardless of age or law, should consider wearing a helmet while riding a motorcycle to prevent the risk of serious head injury.

Motorcyclists should also never wear any type of listening device while they are operating the bike. Not a headset or headphones while they are operating a motorcycle in Florida, with the exception of hearing aids and other devices used for the purpose of improving hearing.

Motorcycle drivers must wear eye protection while riding the motorcycle. A horn is also required. The horn can reduce the risk of potential accidents.

To learn all these laws and regulations, you may undergo a motorcycle safety course before getting a license. It helps to reduce the number of accidents on the road. The course can also teach you how to properly operate a motorcycle and follow traffic laws.

Common Losses and Motorcycle Accident Costs

The outcome of a motorcycle crash can be catastrophic and every accident is unique. The damage of an accident varies and will depend on the exact circumstances. However, there are some common losses that people often suffer as a result of a motorcycle accident.

Here are some examples of the losses that one may incur in a motor vehicle accident:

Medical expenses from injuries – A person may experience different types of injuries related to an accident. The cost of these injuries and the necessary treatment may vary and depend on the severity of the injuries and the types of treatment required. This includes hospitalization bills, surgeries, rehabilitative care, and any other medical treatment required as a result of the accident. Having to pay for ongoing treatment can be difficult for an individual, especially if their injuries have put them out of work.

Lost wages from missed work – This can include lost wages from being unable to work as well as lost future earnings if you are unable to return to work or have to take a lower paying job. Recovery can take time, and the person may have no source of income for that period. Those who suffer severe brain injury may be unable to earn an income ever again. They may require ongoing support. Lost wages and income are damages that impact many motorcycle accident victims.

Property damage – This can refer to any damage done to the motorcycle or any other personal property. The cost of repairs or replacement may be significant, especially if the motorcycle is totaled. Even if you have insurance, the deductible may be high. It can be difficult to afford the repairs, especially if you are unable to work.

Pain and suffering – This non-economic damage accounts for the physical pain and emotional anguish suffered as a result of the accident. It can be difficult to put a value on this type of damage, but an experienced attorney will know how to calculate a fair amount.

Loss of consortium – This type of damage is available to the spouse of the victim and refers to the loss of companionship, love, affection, and sexual relations.

Punitive damages – These types of damages may be available in certain cases where the actions of the at-fault driver were particularly egregious. These damages are designed to punish the wrongdoer and deter future misconduct.

An Miami Auto accident lawyer who has extensive experience representing victims of motorcycle accidents will be familiar with the types of damages that may be available and will fight to get you the compensation you need and deserve.

Getting Compensation for a Motorcycle Accident in Miami

Motorcycle accidents can be dangerous and lead to life-threatening injuries. Many motorcyclists consider riding as a passion and a way of life. Those who do not ride might consider motorcyclists as careless. 

Most motorcyclists do not intend to actually risk their lives; they simply love the thrill of and freedom of riding a motorcycle on the open road. Accidents can happen to anyone, and nobody expects to be in one.

Auto accidents can occur at any time to anyone, in spite of every precaution. People must ensure they are adequately protected when riding a motorcycle. A motorcyclist and a passenger car driver can both be injured if they collide with one another.

Getting compensation for such injuries might be difficult. Your lawyer will investigate the accident to prove that another driver was at fault. You may be able to get compensation for medical bills, lost wages, and pain and suffering. You should never have to worry about how you will pay your medical bills or provide for yourself and your family after an accident. You have enough on your plate trying to recover from injuries.

Insurance companies are not always fair when it comes to motorcycle accidents. You need an experienced lawyer to ensure you receive the maximum compensation possible. Your lawyer will also negotiate with the insurance company on your behalf to get you a fair settlement. You should not have to bear the burden of someone else’s negligence.

Insurance requirements for motorcyclists in Florida

Florida is one of a dozen or so states that have implemented a no-fault insurance system. In a no-fault state, each driver’s own insurance company pays for their medical bills and lost wages, regardless of who caused the accident.

All drivers in Florida are required to have a minimum amount of auto insurance. The state of Florida requires all drivers to have $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL). However, these limits do not take into account the severity of injuries that can occur in motorcycle accidents. Motorcyclists should consider carrying more than the state minimums for insurance.

If you are in an accident and the other driver does not have enough insurance to cover your injuries, you might have to pay out of pocket for your medical bills and other expenses. Underinsured motorist coverage can help protect you in these situations. UIM Coverage will pay for your injuries up to the limits of your policy if the other driver does not have enough insurance to cover the cost of your injuries.

You might also want to consider carrying uninsured motorist coverage (UM). This type of coverage will pay for your injuries up to the limits of your policy if the other driver does not have any insurance at all.

How can a Miami Motorcycle Accident attorney help you?

It can be uncertain whether you have a case and what type of compensation you might be entitled to after a motorcycle accident. An experienced Miami motorcycle accident lawyer will evaluate your case and help you understand your options.

Your lawyer will also investigate the accident, collect evidence, and speak to witnesses on your behalf. Your lawyer will handle all the paperwork and negotiations with the insurance companies. You should not have to worry about anything other than your recovery.

In some cases, an accident can lead to severe damages and even result in death. When you lose your loved one, an attorney can help the surviving members file a wrongful death claim. 

This type of claim can help you recover compensation for end-of-life expenses, lost income, and the pain and suffering of losing a loved one. You should not have to go through this process alone. A lawyer can help you get the appropriate settlements, so you can focus on your grieving process.

If you are involved in a motorcycle accident in Miami, it is important to seek legal assistance as soon as possible. The lawyers at our firm can help you navigate the legal process and ensure that you receive the compensation you deserve. 

Let us put our experience to work for you. Call Berke Law Firm, PA at (239) 549-6689 to schedule your free case consultation.