Aventura Motorcycle Accident Lawyer | Motorcycle Injury Attorneys in Aventura, FL
Aventura is known for its upscale neighborhoods, scenic routes along Biscayne Boulevard, and proximity to the Intracoastal Waterway. But despite its beauty and convenience, motorcyclists in Aventura face serious dangers on the road. With heavy traffic, distracted drivers, and narrow intersections, accidents involving motorcycles are not uncommon, and they often result in devastating injuries.
At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we understand the risks riders face and the legal complexities that follow a crash. Our team has extensive experience handling motorcycle injury and wrongful death cases throughout South Florida, including Aventura. If you or a loved one has been injured in a motorcycle accident, we are here to help you understand your legal options and fight for the compensation you deserve.
📞 Call 305-638-4143 or complete our online contact form for a free consultation.
Florida Motorcycle Laws Riders in Aventura Should Know
Understanding state and local laws is crucial after a motorcycle crash. These laws can impact both liability and your ability to recover compensation.
1. Florida’s Statute of Limitations for Motorcycle Accident Claims
Under Florida law, injured victims typically have two years from the date of the motorcycle accident to file a personal injury lawsuit. If the crash resulted in a fatality, the statute of limitations for a wrongful death claim is also two years from the date of death. Waiting too long will forfeit your right to compensation.
2. Helmet Laws in Florida
Florida law does not require helmets for riders over the age of 21 if they carry at least $10,000 in medical insurance coverage. However, failing to wear a helmet may still impact your injury claim, especially if you suffered a head or facial injury that could have been prevented by a helmet. The defense may argue that if you were wearing a helmet, your injuries would have been prevented. In order to combat this argument, you will need an experienced attorney that can retain the right experts to prove whether the helmet would have been effective.
3. Comparative Negligence
Florida follows a modified comparative negligence rule. If you are found to be partially at fault for the crash, your compensation may be reduced by your percentage of fault. If you are found to be more than 50 percent at fault, you may not recover damages at all.
Common Causes of Motorcycle Accidents in Aventura
Motorcycle crashes are often caused by the negligence of other drivers. Common contributing factors include:
- Drivers failing to yield during left turns or lane changes
- Distracted driving due to cell phone use or in-car systems
- Speeding in congested areas like Biscayne Blvd or Ives Dairy Road
- Opening car doors into the path of oncoming motorcycles
- Sudden stops or rear-end collisions in heavy traffic
- Poor visibility at night or during storms
- Road hazards such as uneven pavement or loose gravel
Our legal team conducts in-depth investigations to identify the cause of the crash and determine who may be held legally responsible.
Helmet Defects
In some accidents, motorcycle riders suffer head injuries even when wearing a helmet. In those cases, it is important to consult an attorney to determine if there is some type of defect with the helmet that contributed to the injury. This is especially important when the driver that causes the accident has minimal insurance. In those cases, pursuing the helmet manufacturer may be your only choice to obtain any meaningful recovery.
Common Injuries in Motorcycle Accidents
Motorcyclists lack the physical protection that car drivers have. Even at lower speeds, crashes can result in severe, life-altering injuries, including:
- Traumatic Brain Injuries (TBIs): Even with a helmet, riders can suffer concussions or brain damage during impact.
- Spinal Cord Injuries: These may result in partial or full paralysis, requiring lifelong care and rehabilitation.
- Broken Bones and Fractures: Especially in the arms, legs, ribs, and collarbone due to impact or being thrown from the bike.
- Road Rash and Skin Abrasions: Sliding across pavement can cause serious wounds that may require skin grafts.
- Internal Organ Damage: Blunt force trauma can injure the lungs, liver, kidneys, or spleen.
- Facial Injuries and Dental Trauma: Particularly common in riders not wearing full-face helmets.
- Amputations: In some high-impact crashes, limbs may be severed or so damaged they require amputation.
Who Can Be Held Liable for a Motorcycle Accident?
Determining fault in a motorcycle accident involves a careful review of all evidence. Potentially liable parties may include:
- The at-fault driver who hit the motorcycle
- A business or employer if the driver was operating a work vehicle
- A municipality if unsafe road conditions or poor signage contributed to the crash
- A manufacturer if a defective motorcycle part or tire failed
- A bar or restaurant in DUI cases involving over-serving a drunk driver
We thoroughly examine all possibilities to ensure that no responsible party is overlooked.
What Damages Can You Recover?
If you were injured in a motorcycle crash in Aventura, you may be entitled to recover both economic and non-economic damages:
Economic Damages:
- Past and future medical expenses
- Lost income and loss of future earning capacity
- Motorcycle repair or replacement costs
- Out-of-pocket expenses
Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent disability
In the event of a fatal crash, the family may pursue a wrongful death claim, which can also include funeral expenses, loss of companionship, and financial support.
Free Consultation With an Aventura Motorcycle Accident Lawyer
After a serious motorcycle accident, you need a legal team that understands your injuries, your rights, and the uphill battle riders often face when dealing with insurance companies. At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we provide strategic, compassionate, and aggressive representation to victims and their families.
We proudly serve clients in Aventura, North Miami Beach, Sunny Isles, Hallandale Beach, and across Miami-Dade County.
Let us help you protect your future and fight for the compensation you deserve. Call 305-638-4143 or contact us online to schedule your free case evaluation.