Motorcycle Accident Attorney in Miami
Miami motorcycle accidents can be extremely dangerous and deadly. Motorcyclists are not as protected as the drivers of cars or trucks and, therefore, can sustain catastrophic injury following a crash. When a motorcycle is in an accident with another vehicle on the road, the other river often claims that they never even saw the motorcycle. In reality, the driver never even looked.
Motorcycle accidents in Miami, Florida have become a common occurrence. Furthermore, the stringent rules and regulations along with dishonest insurance carriers make it difficult to recover the compensation of injured motorcyclists.
This is where a motorcycle accident lawyers Miami can help you or your loved ones in handling your claims. You can contact the motorcycle accident legal specialists from Wolf and Pravato to seek the justice and compensation you deserve.
If you need help, book a free consultation with us today at (833) 704-4878. Our expert motorcycle accident lawyers Miami would be happy to assist you.
What Causes Motorcycle Accidents in Miami?
Motorcycle accidents can occur due to several reasons. Usually, any kind of negligent act from the driver or the other person can result in an accident. It includes
- Swerving in front of a cyclist
- Cutting off motorcyclists at intersections
- Failing to follow posted speed limits
- Failing to yield when appropriate
- Failing to leave sufficient room between vehicles
- Failure to see a motorcyclist changing or entering lanes
- Neglecting to pay appropriate attention to other drivers
- Driving under the influence
In Florida, failure to yield or recognize motorcyclists in traffic results in the number one reason for motorcycle accidents. This can also be caused by motorcycle drivers who do not pay attention to the traffic laws and exercise poor care when making turns at intersections. Usually, left-turn accidents are commonly caused by drivers who
- Misjudge the motorcyclist’s speed or distance
- Fail to see the motorcyclist
- Panic and stop in the motorcyclist’s path
- Rely on the judgment of another driver, who also fails to see the motorcyclist
What are the Common Motorcycle Accident Injuries?
Motorcycle accident attorneys Miami comes across a variety of cases where motorcyclists due to little protection from the elements or other vehicles put their lives at risk. These life-threatening injuries include
- Bone fractures
- Severe head trauma
- Spinal cord injuries
- Neck injuries
- Brain damage
- Disfigurement
- Loss of limbs
- Paralysis
- Death
How a Miami Motorcycle Accident Lawyer Can Help You?
A motorcycle accident lawyer Miami can help you in handling your claims against insurance companies. The attorney reviewing your medical bills, property damages, and other losses can ask for compensation from the insurance company.
If you have been involved in a motorcycle accident, you might need an urgent legal resource. Recovering compensation following a crash without an attorney by your side can become difficult.
An attorney can explain your options for pursuing compensation for your losses which could even be compounded by circumstances as medical malpractice. The attorney will collect all the relevant information and evidence to support your compensation claim. To help to build your case, your attorney will
- Collect scene and police reports
- Gather witness statements
- Photograph the scene
- Investigate the other motorist’s driving history
- Reconstruct the accident scene
- Recreate the accident
- Review medical records
- Consult experts
- Contact insurance companies on your behalf
What Wolf and Pravato Can Provide?
At Wolf and Pravato, the motorcycle accident lawyers are well-versed with the Florida laws which differ from those of car accidents. The lawyers in our team hold extensive experience in dealing with insurance companies and suggest the right way. Also, we collaborate with top experts including medical experts to devise a strong claim.
Until now, our attorneys have maintained a successful track record of results in technology recovering compensation for injured motorcyclists. Our attorneys can help you with
Motorcycle Accident Injury Claims
If the motorcyclist is not at fault, he or she will be able to seek damages from the negligent party in causing the crash. Although motorcyclists are not covered by PIP insurance, they are also not bound by the restrictions.
Motor vehicle accident claims involve PIP insurance which requires the injured party to pass an “injury threshold” to pursue compensation from the negligent party and do not allow for the recovery of pain and suffering damages. In this case, motorcyclists do not have to pass by the injury threshold for seeking compensatory damages including medical costs, lost wages, or pain, and suffering.
Negotiation
After an accident, your motorcycle accident lawyer Miami will contact the insurance company of the negligent party for a settlement for costs resulting in the damage. The motorcycle accident attorney will present the information including evidence and photographs of the accident to recover compensation for your expenses. If the insurance company denies or fails to pursue negotiation, the attorney will pursue legal action against the negligent party.
Negligence
The lawsuits related to motorcycle accidents are categorized under personal injury which is based on the theory of negligence. In such a scenario, your attorney will prove that the other driver in the accident was at fault due to any reason. To prove this point, your attorney will conduct a thorough investigation and collect evidence about the incident including whether the drivers followed traffic laws or paid attention to the surroundings.
Product Liability
If in some circumstances, any defect in another person’s vehicle led to the accident, you may be able to file a lawsuit against the manufacturer of the car or its parts to recover compensation for your injuries.
In this situation, the attorney will investigate the vehicle and determine whether it had any defects before the accident. The attorney will work along with a forensic expert to determine if:
- The defective motorcycle or part was “unreasonably dangerous”
- The motorcycle was being operated as intended
- The motorcycle’s performance had not changed since its initial purchase
For instance, you can file a product liability case for defective tires, brakes, accelerators, and defective fuel systems.
Wrongful death
If you have lost any loved one in a motorcycle accident, you may have to recover compensation through a wrongful death lawsuit. An attorney can help the family of the deceased to prove the negligence of the other driver in causing the death of the victim.
What Should You Do After a Motorcycle Accident?
To recover your losses and help the attorney, you should follow these steps after being involved in a motorcycle accident:
- Ensure you and the other driver involved in the accident are safe and sound. If not, contact the emergency services and get immediate medical assistance.
- Assess whether the other driver was obeying the rules of the state and federal motor carrier safety regulations or not.
- Move on to identifying the individuals except for the driver that can be responsible for the accident such as truck owner, manufacturer, etc.
- Focus on determining a lawsuit’s appropriate jurisdiction.
- Manage communications with insurance authorities.
- Collect evidence, expert testimony, and build a strong case.
Wolf & Pravato Can Protect Your Rights After Your Miami Motorcycle Accident
Riding a motorcycle requires much more skill than driving a car, so it is important a motorcyclist receives proper training. Unfortunately, juries tend to hold bias toward motorcyclists, unjustly claiming that they are more prone to high-risk behavior simply by choosing to ride a motorcycle. Motorcyclists need to follow the rules of the road explicitly in order to protect themselves in the event of an accident.
There are many factors that need to be examined in order to determine liability in a motorcycle accident. The court will look at whether or not the people involved were obeying traffic rules, the conditions of the vehicles after the accident, past histories of reckless driving, witness testimony, physical evidence and whether or not the motorcyclist was wearing a helmet.
Our personal injury lawyer Miami has the resources to work with expert accident reconstructionists in order to determine what caused your motorcycle accident and who can be held liable for damages. We will also review footage from traffic cameras and check to see if security cameras from nearby buildings were able to capture your accident. Our motorcycle accident lawyer in Miami can also obtain police reports and any other documentation pertaining to your accident.
You Don’t Need to Suffer Financial Hardship Due to a Negligent Driver in Miami
After a motorcycle accident caused by the negligence of another, you may be able to receive damages. You may be able to recover damages for medical expenses, lost wages, property damage and more. The amount of recovery will depend on the nature of your crash, so it is vital that you gather the evidence required to prove your claim.
Contact Our Miami Motorcycle Accident Lawyer
Wolf and Pravato with its team of qualified and experienced attorneys will help you in recovering compensation from a motorcycle accident. Our dedicated team of lawyers deals with a variety of cases and pursue compensation for the same.
Whether at the negotiating table or in the courtroom, the experienced Florida motorcycle accident lawyers from Wolf & Pravato will fight for you. Contact the Florida personal injury lawsuit at Law Offices of Wolf & Pravato today – 1-954-633-8270.
Motorcycle Accident FAQs
1. What happens if you hit someone on a motorcycle in Miami?
As Florida is a no-fault state, the injured party can first file a claim with their insurance company before pursuing the insurance of another driver. As a Florida driver, you will be required to carry PIP insurance. If your insurance does not cover the cost of the motorcyclist damages, they can take you to court.
In this regard, a lawyer can guide you through the legal process and present your case before a judge.
2. Are motorcycles prone to an accident?
Motorcycle accidents are more frequent than other types of accidents and are more likely to result in serious injury or death. Motorcycles account for just 3% of all registered vehicles on the road with about 9 million registered motorcycles in the United States.
3. Who is at fault in most motorcycle accidents in Miami?
In a recent motorcycle safety study, researchers found that passenger vehicles are more likely to cause accidents in two-thirds of multi-vehicle collisions. The reason being that passenger vehicles often violate the right of way of the motorcyclist and cause them to crash or swerve in another direction. Although, the motorcyclist might be helmeted yet exposure of motorcycle riders to fatality is quite high.
Drivers are legally and ethically obligated to respect the rights of motorcyclists. If you or a loved one was severely harmed in a motorcycle accident, our team at Wolf and Pravato can help you.
4. Can you survive a motorcycle crash?
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) estimates more than 9,000 motorcycle accidents, including about 500 fatalities, occurred on Florida roads. The survivors of the accidents used one or more precautions to ensure their safety.
So, it all boils down to the level of safety you ensure. However, even the safest bikers can still die in a motorcycle crash caused by motor vehicle drivers. As you can not control the other drivers, you can, however, take some precautions yourself to increase your chances of survival.
5. What kills you in a motorcycle crash?
Usually, a fatal crash involving the use of alcohol or a crash at the intersection, or not ensuring driving safety can result in death in a motorcycle crash.
When bikers die through no fault of their own, Florida law allows certain people to sue to recover compensation for their loved one’s death through Florida’s Wrongful Death Act. You might need the assistance of a qualified Miami motorcycle accident attorney to fight for your rights.
