Miami Injury & Accident Lawyer

Miami Motorcycle Accident Lawyer

Motorcycle Accidents – A Brief Overview

With the weather, vistas, and scenic roads and bridges, driving a motorcycle around Miami can be an enjoyable experience, but with the high number of motor vehicle related accidents that occur in and around Miami-Dade County, also a dangerous one. If you or a loved one have been involved in a motorcycle accident in Miami and have suffered damages, injury or wrongful death, you may be entitled to receive compensation for medical expenses and receive the relief you deserve. A Miami motorcycle accident lawyer can help you navigate the complex legal process and claim damages for the cost of your medical bills if you’ve been wrongfully injured on the road.

Common Injuries Related to Motorcycle Accidents

Some common injuries that occur as a result of motorcycle accidents include:

  • Burn Injuries
  • Traumatic brain injuries (TBIs)
  • Neck and Back injuries
  • Broken and fractured bones
  • Disfigurement
  • Wrongful death

Common Causes of Motorcycle Accidents

According to 2014 fatal crash data, you are 27 times more likely to have a fatality in a motorcycle incident than you are in other types of motor vehicles and six times as likely to be injured. The leading cause of motorcycle accidents in Miami are caused by negligence that leads to injury and/or death. For example:

  • Driving while intoxicated (DUI)
  • Failure of car and truck drivers to notice or detect motorcyclist
  • Failure to recognize and yield the right of way
  • Cutting off or swerving in front of motorcyclists
  • Driving over or under the speed limit

What to do after a Motorcycle Accident?

Stay safe: get out of traffic or away from things like a car or motorcycle that is leaking gasoline or is on fire, damaged buildings or road debris.

  • Call the police and get medical attention: Even if you are not severely injured you may have injuries that appear later, and it is better to get checked out by health professionals if you or someone else has been in a motorcycle accident.
  • Get evidence: take pictures and video of your motorcycle, other vehicles involved in the accident, skid marks on the road and any injuries you or others might have sustained.
  • Exchange information: such as name, driver’s license, insurance and contact information with any other people involved in the accident, as well as any witnesses to what happened.
  • Do not leave: until you’ve exchanged information and/or police have arrived.
  • Call your Insurance company: as soon as you can and provide them with: names of the people involved in the accident, general information on the crash and the names and contact information of any witnesses. Also, if you have been injured or your vehicle sustained damage, let them know you will provide that information when you have been examined by a doctor and taken the vehicle to a mechanic.
  • Contact a lawyer: given the complex nature of motorcycle accidents, your best opportunity to obtain compensation would be to hire a Miami motorcycle lawyer to help you take all the right steps in your case and not get taken advantage of by other parties.

Florida Law:

Liability and Comparative Negligence

While some people may be under the impression that motorcycle accidents are primarily stand-alone incidents, it’s an incorrect assumption, as 58% are multi-vehicle accidents. Motorcycle accidents fall under the umbrella of negligence law, and to win a motorcycle accident lawsuit, your lawyer must prove that the accident was caused by the other party’s negligence that resulted in your injuries and loss, as every driver on the road has a duty towards others and can be held liable if they are found negligent or lack reasonable care. This can mean speeding, driving while intoxicated, or simply driving while distracted. If it causes an injury you may be able to sue for damages.

Florida operates under the comparative negligence principle. This means that the insurers or the courts will determine the proportion of responsibility for the accident and weigh the damages accordingly. For example, if you were hit by a drunk driver but you were lane splitting (driving between two lanes, which is illegal in Florida) the fault may be split 50% each way and the drunk driver would only be liable for 50% of the damages. Another example would be a motorcycle driver not wearing a helmet. It may be found, that even if the accident was entirely the other party’s fault for the accident, that the resulting damages were exacerbated by the fact that the motorcycle operator wasn’t wearing safety equipment.

Compensation

You may be entitled to both economic and non-economic damages as compensation for the injuries you sustained.

Economic Damages would include:

  • Medical Bills
  • Loss of income and potential earning capacity
  • Damage to property
  • Future medical expenses
  • Other costs

Examples of Non-Economic Damages:

  • Pain and suffering
  • Loss of a relationship
  • Inconvenience
  • Emotional and mental anguish
  • Diminished work capacity and quality for life
  • Scarring
  • Disability
  • Loss of enjoyment of life

Statute of Limitations

The state of Florida allows plaintiffs to file motorcycle accident lawsuits within 2 years of the accident if it involves a wrongful death, or four years for injuries. There are additional deadlines where the responsible party is a government entity. After that, it will not be possible to file a lawsuit, so contact an attorney immediately following an accident and before the deadline to recover damages.

Finding a Motorcycle Accident Lawyer in the Miami area

Motorcycle accidents can be harrowing experiences in and of themselves, further complicated by insurance companies and lawsuits. Whether you’ve been injured in an accident or a loved one has died, it’s in your best interest to contact an experienced and professional motorcycle accident lawyer. A good motorcycle accident lawyer will be prepared for negotiations with insurance companies, and if those fail, ready to go to trial. At the Law Offices of Jugo & Murphy, our motorcycle accident attorneys won’t settle for less than full compensation and will go above and beyond for our clients.

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