Miami Motorcycle Accident Lawyers
Representing Injured Motorcyclists in Miami, FL
Miami is a dangerous place to ride motorcycles. Data from the Florida Department of Highway Safety & Motor Vehicles (FLHSMV) revealed that in 2020 alone, there were 903 recorded motorcycle collisions and 50 fatalities in Miami.
If you were struck by a car while riding a motorcycle, you’re not alone, and you do have options. You shouldn’t have to pay for the costs of injuries that were caused by a careless driver’s negligence. However, insurance companies will typically attempt to either deny your claim or pay you much less than what you deserve, which is where our Miami motorcycle accident injury lawyers at The Florida Law Group come in. We advocate for you to pursue the full damages you are entitled to under the law.
Common Causes of Motorcycle Accidents
Motorcyclists are vulnerable on the road due to their lack of protection and visibility. While riders can take precautions, many motorcycle accidents are caused by other drivers’ negligence. Common causes include:
- Driver inattention: Many drivers simply don’t see motorcycles due to their smaller size. Left-turn accidents are especially common when a driver misjudges a motorcycle’s speed or fails to yield the right of way.
- Speeding and reckless driving: Excessive speed reduces a driver’s ability to react in time and increases the severity of crashes.
- Impaired driving: Drivers under the influence of alcohol or drugs pose a major threat to all road users, especially motorcyclists.
- Unsafe lane changes: Drivers often fail to check blind spots before switching lanes, leading to collisions with motorcycles.
- Road hazards: Potholes, uneven pavement, debris, or poor signage can be dangerous for motorcycles, which lack the stability of cars.
- Dooring accidents: In urban areas like Miami, riders are at risk when parked car occupants open doors into their path without checking for oncoming traffic.
Understanding the cause of your motorcycle accident is critical for building a strong injury claim. At The Florida Law Group, we investigate every case thoroughly to determine fault and liability.
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Florida Motorcycle Laws
Motorcyclists in Miami are subject to both state traffic laws and motorcycle-specific regulations. Key Florida motorcycle laws include:
- Helmet requirements: Riders under 21 must wear a helmet. Those over 21 can ride without a helmet only if they carry at least $10,000 in medical insurance coverage.
- Licensing: Florida law requires a motorcycle endorsement on your driver’s license, which can be obtained through a Basic Rider Course.
- Insurance: Unlike other vehicle owners, motorcyclists are not required to carry Personal Injury Protection (PIP). However, liability coverage is still highly recommended.
- Lane splitting: Florida law prohibits lane splitting—motorcycles must stay in a single lane and may not ride between lanes of traffic.
- Eye protection: If your motorcycle doesn’t have a windshield, you must wear eye protection while riding.
Failure to comply with these laws can impact your injury claim, but it does not necessarily bar you from recovering damages. Speak with a knowledgeable Miami motorcycle accident lawyer at } to understand your legal standing.
Compensation from a Motorcycle Crash
Motorcycle crashes often result in serious injuries, including road rash, broken bones, spinal cord injuries, traumatic brain injuries, and more. Victims may face long recovery times, costly medical bills, and permanent disabilities. If someone else’s negligence caused your crash, you may be entitled to compensation for:
- Medical expenses (past, present, and future)
- Lost wages and loss of future earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Loss of enjoyment of life
- Wrongful death (in fatal accidents)
To fully understand the value of your case, it is important to look beyond immediate bills and consider long-term needs such as follow-up surgeries, rehabilitation, mobility aids, or modifications to your home or vehicle. Our team can work with your doctors and other professionals to document the full impact of the crash, which is especially important if you were treated at major Miami facilities like Jackson Memorial Hospital or Ryder Trauma Center after a high-speed collision.
How Insurance Companies Treat Injured Motorcyclists
Insurance companies are not on your side after a crash. In fact, motorcyclists often face unfair bias from insurers who stereotype riders as reckless or aggressive. This can result in:
- Lowball settlement offers: Insurers may undervalue your injuries or damages in an attempt to settle quickly and cheaply.
- Disputed liability: The insurance company might try to shift blame onto you to reduce or deny your claim.
- Delays or denials: Adjusters often drag out claims, hoping you’ll give up or accept less than you deserve.
Working with a skilled Miami motorcycle accident attorney can help level the playing field. Our team at The Florida Law Group handles all communications and negotiations with the insurance company so you can focus on your recovery.
When you have legal representation, the insurer knows that someone is carefully tracking deadlines, preserving evidence, and preparing your claim as if it may go to court in Miami-Dade County. We can gather police reports, camera footage, and witness statements from the crash scene and use them to push back when an adjuster tries to minimize what you went through or blame you for choosing to ride a motorcycle.
Motorcycle Accident FAQs
What should I do after a motorcycle accident in Miami?
Seek medical attention immediately, even if you feel okay. Then, report the accident to the police, collect contact information from witnesses, and document the scene if possible. Contact a motorcycle accident lawyer as soon as possible to protect your rights.
After your initial medical treatment, you should also notify your own insurance company, but avoid giving a recorded statement to any insurer until you have spoken with an attorney. A local Miami motorcycle accident attorney can guide you on how to handle calls from adjusters, help you preserve important evidence like helmet damage or riding gear, and advise you on where to obtain key records from local law enforcement agencies.
Can I recover damages if I wasn’t wearing a helmet?
Yes. While helmet use can impact your injury claim, especially in head injury cases, it does not prevent you from seeking compensation. Florida follows a comparative negligence system, meaning your damages may be reduced but not eliminated.
An attorney can work with medical professionals to separate which injuries were likely caused by the crash itself versus any increased risk from not wearing a helmet. For many riders injured on neighborhood streets or at lower speeds in areas like Little Havana or Miami Beach, non-use of a helmet may have little impact on claims involving broken bones, soft-tissue injuries, or damage to shoulders and knees.
How long do I have to file a motorcycle accident claim in Florida?
Under Florida law, you typically have two years from the date of the accident to file a personal injury lawsuit. This deadline can vary depending on the circumstances, so it’s best to consult an attorney promptly.
Waiting too long can make it harder to locate witnesses, obtain traffic camera footage from busy corridors such as US-1 or the Palmetto Expressway, or track down key medical records. A motorcycle accident lawyer can step in quickly to preserve this information, calculate your deadlines, and advise you on whether any exceptions might shorten or extend the time you have to take legal action.
Do I need a lawyer for a minor motorcycle accident?
Even in what appears to be a “minor” crash, injuries may worsen over time. A lawyer can help you evaluate the full value of your claim and ensure you don’t accept a low offer from the insurance company.
Riders involved in rear-end collisions or low-speed crashes in Miami traffic sometimes discover weeks later that they have more serious neck, back, or joint problems than they first realized. By speaking with a Miami motorcycle accident lawyer early, you can get guidance on follow-up care, how to track your symptoms, and how to avoid making statements that could undermine your claim if your condition gets worse.
What if the at-fault driver doesn’t have insurance?
You may be able to pursue compensation through your own uninsured/underinsured motorist (UM/UIM) coverage. If you don’t have this coverage, other legal options may be available depending on the facts of your case.
In some situations, we may investigate whether other parties share responsibility, such as a negligent employer if the driver was working at the time of the crash or a bar that overserved an intoxicated driver under Florida’s dram shop laws. An attorney can review the circumstances of your Miami wreck, your existing policies, and any possible third-party claims to identify every potential source of recovery.
Call a Miami Motorcycle Accident Lawyer Today
Even if you believe you may have been partially at fault for the accident, you don’t have the full picture – it takes a legal investigation to determine what factors contributed to the crash and how much you can seek in an injury lawsuit. We have over four decades of combined experience on our team, and we can tell you whether or not you may have a case. We’ve been serving injured accident victims in Florida since 1984, but in 2021, we opened an office in Miami to offer accessible representation to injured residents. Call Miami motorcycle accident injury lawyers now to schedule a free consult and get started taking legal action.
