Miami Motorcycle Accident Lawyer

A motorcycle accident can lead to devastating injuries and accompanying medical costs. The victim of a motorcycle crash may incur significant bills associated with a long recovery and an inability to work. If you or someone you love suffered harm in a motorcycle crash, contact our lawyers today to schedule a free initial consultation. Our Miami motorcycle accident attorneys work to help families seek full and fair compensation for their material and immaterial losses.

We offer free consultations. If you are unable to visit our office, we will gladly visit you in your home or your hospital room or hop on a zoom call. Contact us online or by calling (305) 638-4143.

Table of Contents

• Common Causes of Miami Motorcycle Accidents
• Common Motorcycle Accident Injuries
• Who is Liable in a Motorcycle Accident in Florida?
• Motorcycle Accident Statistics & Risk Factors
• Fatal Motorcycle Accidents in Miami, FL
• Do You Need a Motorcycle Accident Lawyer?
• Free Motorcycle Accident Attorney Consultation

Common Causes of Miami Motorcycle Accidents

Motorcycle accidents are far more likely to result in a fatality compared with car accidents. Some of the most common causes include:

• Head-on collisions: The majority of motorcycle accidents involve a car striking a motorcycle in the front. Unfortunately, many motorists simply do not pay close enough attention to motorcyclists, which is a form of negligence that is often fatal.
• Cars making left turns: Motorists often misjudge the speed of a motorcyclist, a mistake that can prove devastating. A car may turn into a motorcycle when it is traveling straight through an intersection or passing the car on the left in a faster lane.
• Accidents in town: Finally, motorcyclists may be vulnerable to accidents when traveling in town. Motorists may open their car doors into a passing motorcyclist, for example.

The injuries a victim sustains in a motorcycle accident are often severe. Traumatic brain injuries, road rash, and fractures are common afflictions that require extensive medical treatment and feature a long road to recovery.

Common Motorcycle Accident Injuries

In the event of a motorcycle accident, the injuries sustained are frequently severe. The lack of protective barriers exposes motorcyclists to a higher risk of harm, as an impact with the road or another vehicle can result in a range of injuries. According to the National Highway Traffic Safety Administration, motorcyclists are approximately 28 times more likely to lose their lives in an accident compared to occupants of passenger vehicles. Additionally, they are significantly more prone to suffering serious injuries.

Some common injuries include:

• Broken bones
• Skull fractures
• Traumatic brain injuries
• Spinal cord injuries
• Burn injuries
• Internal injuries
• Lacerations
• Scarring and disfigurement
• Paralysis
• Amputation

In serious motorcycle accidents, the injuries sustained can be catastrophic and lead to permanent consequences. Survivors may endure a lifetime of challenges, coping with long-term injuries such as brain damage, paralysis, and physical scars. The emotional and psychological toll of a collision can also be significant. Flanagan & Bodenheimer understands the lasting impact of these accidents and is committed to helping victims seek justice and fair compensation.

Who Is Liable in a Motorcycle Crash?

Liability in a motorcycle accident functions the same way as the liability in a car accident. Florida is one of a handful of states to observe a no-fault insurance system, so in some cases, an injured motorcyclist may file a claim with his or her own insurance company, regardless of who is at fault. However, since injuries sustained in a motorcycle accident are more likely to be severe, motorcyclists can often step outside the no-fault system and file a traditional claim for damages.

Motorists are often at fault for motorcycle accidents simply because they are not as careful around motorcyclists as other cars. A motorcyclist can easily fit into a blind spot and it can be more difficult to judge their speed. This makes motorcyclists more vulnerable to injury.

Other parties that may be liable for a motorcycle accident include:

• Parties Responsible for Road Maintenance: Government entities responsible for designing and maintaining roads may be held liable if their negligence contributes to a motorcycle accident. If a road has not been adequately maintained or if there are hazards like potholes, uneven surfaces, or debris, the entity responsible for road maintenance may be held liable. Our Miami motorcycle accident lawyers conduct a thorough investigations to determine whether these factors played a role in the accident.
• Motorcycle Manufacturers: In some cases, motorcycle accidents result from defects in the motorcycle itself or its components. Manufacturers, distributors, or retailers may be held liable if a defect in the motorcycle contributed to the accident. Flanagan & Bodenheimer works with experts to assess whether a design flaw or manufacturing defect played a role in the crash.

Motorcycle Accident Statistics & Risk Factors

In the year 2020, there were a staggering 82,528 motorcycle riders who experienced injuries within the United States. 5,579 motorcyclists were killed in fatal traffic accidents that same year. Motorcycle accidents account for 14% of all traffic facilities. Approximately 36% of motorcycle accidents resulting in fatalities implicated riders without a valid motorcycle license. The month of August marked the most dangerous period for motorcyclists, contributing to 14% of the total fatal motorcycle collisions throughout the year.

Motorcycle accidents are fraught with complexities, and certain factors can significantly increase the odds of fatalities:

• Not Wearing a Helmet: 2,143 motorcycle accident fatalities happened when riders were not wearing a helmet.
• Driving Too Fast: 34% of fatal motorcycle accidents involve a motorist traveling at excess speed.
• Drunk Driving: 27% of deadly motorcycle accidents were alcohol-involved crashes. 40% of alcohol-impaired motorcycle crash deaths occur during the evening hours.
• Peak Hours: During weekends, the most common timeframe for motorcycle fatalities is between 6:00 PM and 9:00 PM. During weekdays, the most common timeframe for motorcycle fatalities is between 3:00 pm and 6:00 pm.

Fatal Motorcycle Accidents in Miami, Florida

In the aftermath of a fatal motorcycle accident, grieving families are left to cope with immense loss. Various factors can contribute to deadly motorcycle accidents, including reckless driving, impaired riding, and the failure of other motorists to yield. If you lost a loved one in a motorcycle accident in Florida, you may be able to file a wrongful death claim to recover funeral costs, loss of income, and other expenses.

A wrongful death claim is a legal action filed by the surviving family members or representatives of a person who has died due to the negligence, recklessness, or intentional misconduct of another party. In the state of Florida, the right to file a wrongful death claim is reserved for specific individuals, typically close relatives of the deceased. Eligible parties may include:

• Spouse
• Children
• Parents
• Other Dependents

Navigating the Wrongful Death Claim Process After a Motorcycle Crash

• Consulting with an Attorney: Contacting an experienced attorney is the first step to filing a wrongful death claim. An attorney that specializes in these types of cases will be able to guide you through the entire legal process.
• Investigation and Gathering Evidence: The legal team will conduct a thorough investigation into the circumstances of the motorcycle accident, collecting evidence to establish liability. This may involve examining police reports, eyewitness testimonies, and expert opinions.
• Identifying Damages: The attorney will work with the family to identify and quantify the damages incurred, including medical expenses, funeral costs, lost income, and the emotional suffering of surviving family members.
• Filing the Claim: Once the investigation is complete and damages are identified, the attorney will file the wrongful death claim within the specified time frame, adhering to Florida’s statute of limitations.
• Negotiation or Litigation: The legal team will engage in negotiations with the responsible party’s insurance company to secure a fair settlement. If a settlement cannot be reached, they will be prepared to take the case to court and advocate for the family in litigation.

What Damages Can You Recover After a Motorcycle Accident in Miami?

The aftermath of a motorcycle accident is often overwhelming, with victims and their families facing physical, emotional, and financial challenges. When you file a personal injury claim after a motorcycle accident, you may be able to obtain compensation for:

• Medical Expenses: This includes hospital bills, surgeries, rehabilitation, prescription medications, and any other necessary medical care. Our Miami motorcycle accident lawyers work diligently to ensure that all current and future medical expenses are considered in the claim.
• Lost Wages & Future Earnings: Motorcycle accidents often result in injuries that may lead to temporary or permanent disability, impacting the victim’s ability to work. Recoverable damages include compensation for lost wages and potential future earnings, considering factors such as career trajectory, skills, and earning capacity.
• Pain and Suffering: Beyond economic losses, victims may experience physical and emotional pain and suffering. Non-economic damages, including compensation for pain, emotional distress, and diminished quality of life, are pursued to address the intangible hardships endured by the victim.

Frequently Asked Questions

How long do I have to file a motorcycle accident claim in Florida?

Florida law typically gives you two years from the date of the accident to file a personal injury claim. For wrongful death cases, the deadline is also generally two years. However, it’s best to speak with an attorney as soon as possible to preserve evidence and avoid delays.

What if the other driver fled the scene or was uninsured?

You may still have options. If you carry uninsured/underinsured motorist (UM/UIM) coverage, it may cover your injuries. Our attorneys can also investigate whether other parties, such as road maintenance crews or product manufacturers, share liability.

Can I still file a claim if I was partially at fault for the accident?

Yes. Under Florida’s modified comparative negligence rule, you can still recover damages if you were 50% or less at fault for the accident. However, your compensation will be reduced by your percentage of fault.

Do I need an attorney after a motorcycle accident?

Yes. Motorcycle accident cases often involve serious injuries, complex liability issues, and aggressive insurance tactics. An experienced attorney can investigate your case, handle negotiations, and fight for maximum compensation on your behalf.

Will I have to go to court to resolve my case?

Not necessarily. Many motorcycle accident cases settle out of court through negotiations with insurance companies. However, if a fair settlement cannot be reached, our firm is fully prepared to take your case to trial to seek justice.

How much does it cost to hire a motorcycle accident lawyer?

We work on a contingency fee basis, which means:

• You pay nothing upfront
• We only get paid if we recover compensation for you
• If there’s no recovery, you owe us nothing

Why Do You Need a Motorcycle Accident Lawyer?

Insurance Negotiations

Most people assume they can handle accident cases on their own because of Florida’s no-fault system. The severity of motorcycle accidents means many victims can file claims against an at-fault driver. This process requires the guidance of an attorney.

Insurance companies often try to take advantage of victims and their families by pressuring them into a low-ball settlement. Insurers tend to take claims more seriously and offer fairer settlement amounts with a motorcycle accident attorney involved.

An attorney is a victim’s best chance at receiving maximum compensation for a victim’s material and immaterial losses. Our Miami motorcycle accident lawyers will help you seek the compensation you need to cover medical bills, lost wages, and other related expenses.

Establishing Liability

Establishing liability is a key aspect of any motorcycle accident claim. Whether it’s proving the negligence of another driver, a defective motorcycle part, or poor road maintenance, Flanagan & Bodenheimer’s legal team conducts thorough investigations to determine who is responsible for the accident. This process is essential for securing fair compensation for your injuries and losses.

Personalized Attention

Our law firm strategically maintains a small caseload in order to ensure every client receives the personalized attention they deserve, including direct access to a motorcycle accident attorney when necessary.

Ready For Trial

While many personal injury cases are settled out of court, some may proceed to trial. Flanagan & Bodenheimer’s team of skilled litigators are prepared to represent your case in court if necessary.

Contact A Miami Motorcycle Accident Attorney Today

If you or someone you love recently suffered damages in a motorcycle accident, contact the personal injury lawyers at Flanagan & Bodenheimer Personal Injury & Wrongful Death Law Firm. Our team of lawyers is dedicated to serving the residents of South Florida across a wide range of neighborhoods and communities.

While our main offices are located in Miami, FL and Hollywood, FL we offer our services to clients throughout all of Florida. This includes Fort Lauderdale, Boca Raton, West Palm Beach, Kendall, Homestead, Brickell, Miami Beach, Aventura, Hialeah, Miami Gardens, Pembroke Pines, and other areas. Our law firm focuses exclusively on personal injury and wrongful death cases, including:

• car accidents
• truck accidents
• medical malpractice
• product liability
• premises liability
• brain injuries
• spinal cord injuries
• birth injuries
• cerebral palsy
• electrocution accidents
• mesothelioma & asbestos cases

Contact our Miami motorcycle accident lawyers today at 305-638-4143 for a free case evaluation.