Motorcycle Accidents

Miami is one of the most dangerous places in the country for those who like to ride motorcycles. The roads in Miami are overcrowded with angry drivers and this can often lend itself to create instances where motorcyclists can be at risk. If you or someone you love has been in a motorcycle accident in South Florida due to another person’s negligence, you should contact a Miami motorcycle accident lawyer for assistance.

The Miami motorcycle accident attorneys at Suarez & Montero have been protecting injured motorcycle victims for over 19 years in South Florida. Over the past two decades, we have handled countless motorcycle accident cases and our attorneys bring a wealth of experience to the table. Our record of settlements and case results speak volumes. The Miami motorcycle accident attorneys at Suarez & Montero will work hard to determine the cause of your motorcycle accident and establish a strong case against the at fault party. When you hire our firm, your case will receive the care and attention it deserves. At Suarez & Montero, our goal is to maximize your compensation and seek justice for injured victims.

In the state of Florida, motorcycle laws dealing with everything from insurance limits, helmets to lane usage are put into place for protection and safety of riders. Below is a breakdown of some of the most important laws and regulations that relate to motorcycle accidents in Florida.

Motorcycle Insurance:

Florida is a No-Fault state. Pursuant to Fla. Stat. § 768.81 Comparative Fault, the percentage of plaintiff’s damages attributable to the plaintiff’s negligent conduct should be used to reduce the damages the plaintiff can recover. The jury is to consider both the plaintiff’s negligence in operating the motorcycle and the failure to wear a helmet when calculating the percentage of fault. This all means that an injured motorcyclist may seek compensation from the at-fault party through a personal injury lawsuit. Because motorcycles are not subject to PIP insurance restrictions, injured riders are not restricted in the damages they may seek for their injuries. For example, an injured motorcyclist who brings a claim against an at-fault party does not have to prove his or her injuries are permanent to recover damages for pain and suffering and loss of enjoyment of life.

Daytime Headlights:

In Florida, motorcycle riders must have their daytime headlights on at all times when they are operating their motorcycle.

Helmets:

In a case involving a motorcycle accident, one of the first issues to be determined whether or not the rider was wearing a helmet at the time of the accident. Florida law states that you must wear a helmet if you are under the age of 21. If you are over the age of 21, you must wear a helmet if you don’t carry at least $10,000 in medical coverage in case of an accident. It is important to keep in mind that failure to wear a helmet may negatively impact your right to obtain compensation for your injuries after a motorcycle accident.

Motorcycle accidents are often critical because the motorcyclist is exposed without the safety of a regular car which has a chassis and outer body. Sadly, most motorcycle accidents lead to serious injuries. It doesn’t matter whether you ride a Yamaha, Ducati, BMW, Harley-Davidson, or a Honda, all riders can sustain serious injuries if involved in a motorcycle accident. According to the National Highway Traffic Safety Administration (NHTSA), 13 out of every 100,000 cars get involved in a fatal accident, versus 72 per every 100,000 motorcycles. Data also shows that Florida is leading the nation in motorcycle accident fatalities. Even though only seven percent of all drivers are bikers, one in every five deaths sustained in a highway crash involves a motorcycle driver. Moreover, about 80% of all motorcycle collisions result in a severe or fatal injury, with 94% of victims being Florida residents.

The risk of a motorcycle accident injury in South Florida is huge. Even when riders take all necessary precautions, they still face significant threats, especially in high traffic areas. There are several factors that can lead to motorcycle accidents. Some of the most common types of motorcycle accidents involve drivers who are distracted while driving. Below is a list of some of the most common causes of motorcycle accidents in South Florida:

Overtaking and Passing: Under Florida law, motorcycle riders should not overtake and pass in the same lane occupied by the vehicle being overtaken. This can often lead to motorcycle accidents.

Operating a motorcycle between lanes of traffic: Motorcycle riders in Florida are not supposed to operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.

Other frequently cited causes of bicycle accidents include:

Common Motorcycle Injuries Include Serious or Catastrophic Injuries Including:

Spinal Cord Injuries:

Spinal cord injuries often affect victims for the rest of their lives. When the nerves of the spinal cord are damaged, it can be difficult or even impossible for the brain to communicate with the rest of the body. As a result, spinal cord injuries can result in loss of range of motion, numbness, pain, sensations of pins and needles, and even paralysis below the point of injury.

Burn Injuries:

Serious burns can happen in a wide variety of trucking accidents. In serious cases, victims can be left with disfiguring injuries and permanent scarring that can significantly affect their appearance and physical ability.

Soft Tissue Injuries:

Soft tissue injuries encompass a wide variety of injuries, including sprains, strains, lacerations, and contusions. While these injuries are often minor, they can also be extremely serious and may even require emergency medical treatment such as surgery to correct. Soft-tissue injuries, such as muscle strain and damage to ligaments, may qualify as serious injuries if they result in significant limitation of a body function, permanent loss of use of a body organ, or permanent consequential limitation of a body function or system.

Fractures and broken bones:

Broken and fractured legs, ribs, arms, ankles, and wrists are fairly common in trucking accidents. Severity ranges from simple breaks that require a cast to serious breaks or compound fractures that may require surgery to repair.

If you want to know what to do after a motorcycle accident, there are some critical steps to build a better claim. The moments after a motorcycle accident are critical and can impact your future legal actions and rights. Here are the most important steps you should take immediately following a motorcycle accident. We understand how distressing it can be to be involved in a motorcycle accident. However, trying to make wise choices immediately after the accident will have a positive effect on your case.

Move out of traffic and away from further danger. The most important thing you can do after being in a motorcycle accident is to move yourself out of harm’s way.

Call 911. A police report is one of the most useful documents a motorcycle accident attorney can have when working on your case. Unless you are receiving necessary medical attention, you should wait for the police to arrive on the site.

Collect Contact Information from everyone. Once everyone is safely out of the roadway, exchange information with anyone else involved in the crash. Get the name, address, phone number, insurance information, and license numbers for all drivers. Take a photo of the vehicles, and write down the license plate numbers, car make and models, and a description of any vehicles involved in the accident.

Take detailed notes. Documenting the scene may be difficult if you were seriously injured, but try to take notice of important information about the accident. This includes where, when, and how. Specifically, try to take note of the location of the accident, road conditions, speed limits, weather, lighting, the direction of travel any vehicles involved.

Talk to witnesses. If anyone witnessed the accident, get their contact information and encourage them to speak with the appropriate authorities.

Alert Your Insurance Company. Provide all of the information you collected from witnesses and people involved in the accident. Much like filing a police report, contacting your insurer helps document the crash, so it can be reviewed later.

If you’re involved in an insurance claim or a personal injury lawsuit, you’re probably wondering how much your case might be worth. There are too many unique factors in any given motorcycle accident to accurately predict the outcome in terms of a dollar figure. “Valuing” a case means coming up with a best guess at what a jury might award the person suing (the plaintiff), and also guessing what the person being sued (the defendant) would be willing to pay. It also means figuring out what the plaintiff would ultimately be willing to accept to settle the case before trial. That’s a lot to keep track of. But the two biggest factors in valuing the case are the extent of the plaintiff’s damages and how significant the resulting injuries are.

Our law firm provides aggressive and effective legal representation for clients seriously injured in motorcycle accidents throughout Miami, Fort Lauderdale, Palm Beach, and other areas of South Florida. Motorcycle accidents often pose complex factual, legal and financial issues. Liability is often contested because many people tend to perceive that motorcycles are dangerous. However, most of these drivers are just as careful as other drivers on the road. In a motorcycle accident, injuries vary from either serious to catastrophic and in some cases may be fatal. Therefore, a prompt investigation to preserve all evidence and uncover all sources of legal and financial responsibility is especially important. That’s why you need to contact an experienced motorcycle accident lawyer in Miami for help.

If you or someone you love was injured in a motorcycle accident, you may have a right to seek compensation for your losses. The Law Offices of Suarez & Montero Motorcycle Accident Attorneys is a personal injury law firm with locations in Miami and Broward. A motorcycle accident claim can seek funds that cover medical expenses, lost income and other damages. The motorcycle accident attorneys at Suarez & Montero can help those of you who would like to pursue a motorcycle accident claim. To discuss how we can assist you, call us or contact us online. We encourage you to learn more about and the successes our attorneys have had on behalf of individuals and families who have suffered serious personal injury in accidents involving motorcycles. Call us today at (305)631-1911 to schedule a free consultation. We’ll review your case and help you understand your legal options.