Motorcycle Accidents Lawyer in South Florida
Don’t let insurance companies minimize your claim.
Our experienced South Florida motorcycle accident attorneys will fight for the justice and compensation you deserve.
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Motorcyclists have a right to the roads as much as any other driver in Florida, and they should be compensated if that right has been infringed by another person’s negligent use of the road. The Florida Department of Highway Safety and Motor Vehicles reports that 9,384 individuals were involved in Florida motorcycle crashes in 2012, and 425 motorcyclists were killed.
We proudly represent clients throughout Florida, including Miami, Fort Lauderdale, West Palm Beach, Orlando, and surrounding communities. Whether you are dealing with a minor crash or a devastating collision, our team has the experience and resources to protect your rights.
Fast Legal Answers for Motorcycle Accidents in Florida
Can I sue if I was hit without wearing a helmet?
In Florida, helmets are not required for riders over the age of 21, who obtain an insurance policy containing medical coverage for at least $10,000. Eye protection is required for all motorcyclists operating a motorcycle in the state. However, a lack of either requirement does not automatically preclude an individual from pursuing damages in a personal injury lawsuit if there is evidence of a defendant’s negligence. In order to prevail in a claim of negligence, the injured rider would need to show that the defendant’s actions had breached the duty of reasonable care, and that action was a proximate cause of the victim’s injuries.
Can I still receive compensation if I am partly to blame for my own injuries?
Yes. Florida is a pure comparative fault state, which means that damages awards are offset by each party’s degree of culpability. For instance, even if you were found 40 percent responsible for your own injuries, another negligent party may still be responsible for 60 percent of the costs arising from the crash.
My spouse died in a motorcycle accident. What are my legal options?
Under Florida’s Wrongful Death Act, spouses, as well as children, parents, or other dependent relatives, may pursue a wrongful death claim against a negligent party to seek compensation for medical costs, burial or funeral expenses, lost future wages, and loss of companionship. Family members have two years from the date of a loved one’s death in which to file a claim, making timing important in these situations.
Do I need a motorcycle accident lawyer after a Miami crash?
It is always advisable to consult an attorney if you think that you may have injuries that will require costs greater than your insurance will cover.
Most accidents involving motorcycles are caused by a motorist who failed to see the motorcycle or failed to take appropriate precautions to drive safely. Our legal team will carefully investigate the accident to find evidence showing the motorist was negligent. For instance, eyewitness reports may show that the driver was intoxicated, distracted or asleep at the wheel. We’ll look for skid marks – or the lack of same – to see whether the driver hit the brakes before impact. We’ll also look for evidence that the other vehicle may have been driving recklessly or breaking traffic laws, which again can show failure to appropriately share the road.
What if I wasn't wearing a helmet and crashed my motorcycle?
Helmets are mandatory in Florida, so you’ll almost certainly be ticketed for breaking the law. However, your failure to wear a helmet doesn’t negate your right to sue for damages. If it can be shown that your decision to not wear a helmet caused some of your injuries, your claim may be reduced based on the principle of comparative negligence – for instance, if a jury finds that you were 20 percent responsible because you weren’t wearing a helmet, you’ll only receive 80 percent of your award. If you suffered injuries on parts of your body other than your head, your failure to wear a helmet should be irrelevant.
Who Can File A Motorcycle Accident Claim?
Anyone injured in a motorcycle accident caused by someone else’s negligence can typically file a claim. This includes motorcycle operators, passengers, and sometimes pedestrians or bicyclists involved in the same crash. We also help families pursue wrongful death claims if a loved one was killed due to a reckless or negligent driver. Our responsibility is to examine the facts, prove liability, and fight for the full value of your medical bills, lost income, pain, and suffering.
Who will pay my hospital bills after a bike crash?
Getting compensation for your medical costs after a bike wreck can be complicated, but we work hard to make sure our clients get the economic compensation they need. Depending on the type of insurance you carry, your bills may be paid by your health insurer, your motorcycle insurer or another driver’s insurance company. When necessary, our firm litigates against insurers in court and brings claims against negligent drivers
Should I see a doctor after my motorcycle accident?
Yes. Even if you feel fine, you could have a serious internal injury due to your motorcycle accident. If you don’t have a doctor examine you, your injury could get worse or even turn fatal, in certain circumstances. Having an official medical record of your injuries can also often be very helpful when trying to obtain financial compensation for your accident. Insurance companies often refer to medical records when determining how much to compensate motorcycle crash injury victims.
Should I talk to the other driver’s attorney after my motorcycle crash?
No. Anything you say to the other driver’s attorney can be used against you when trying to obtain the financial compensation you need and deserve for your motorcycle crash. Attorneys know this. That’s why they’ll likely ask you trick questions designed to make you say something they can use to blame your accident on you. We know the games they play and know how to deal with other lawyers. Allow us to be your voice for justice.
What can I be compensated for after my motorcycle accident?
In general, you should be financially compensated for any expenses related to your motorcycle accident, including:
- Emergency medical care after your accident
- Follow-up medical care
- Surgical procedures associated with your accident
- Physical therapy
- In-home nursing care
- Modifications to your home, if you have a permanent disability due to your accident
- Lost income, if you cannot work during your recovery
- Lost future income, if you cannot return to work after your accident
Can I file a claim with my own insurance company after a motorcycle accident?
You may, depending on the type of insurance you have. While motorcycle insurance is technically not required in Florida, you must have proof of financial responsibility if you are involved in an accident. For most motorcyclists, that means an insurance policy with at least $10,000 in bodily injury liability coverage per person and $20,000 per accident, and $10,000 in property damage liability coverage per accident. It is also recommended that motorcyclists carry at least $10,000 in medical insurance coverage, as well as UM/UIM coverage if they are injured in an accident caused by a driver with no insurance or not enough.
Why Hire The Law Offices of Robert Dixon in FL
- Decades of Experience: Our attorneys have decades of combined experience handling Florida personal injury cases.
- Client-Focused Advocacy: We are dedicated to protecting accident victims and their families at every step.
- No Win, No Fee: You don’t pay unless we successfully recover compensation for you.
- Proven Results: We have a strong track record of successful settlements and verdicts.
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