Motorcycle Accident Lawyer Serving Miami
The Magic City, Miami, is one of the best cities to visit in Florida, if not the entire United States. The huge city earned the title of the Magic City precisely for this reason; it grew so rapidly in the 1940s that it was nothing short of a miracle to those who frequented it after a while.
The city of Miami is the county seat of Florida-Dade County and is the financial, economic, and cultural center of Florida. Covering an area of 256 sq. miles and hosting a population of about 500,000, Miami holds the position of the 6th most densely populated cities in the US.
Among the large population are many celebrities and stars in the Hollywood film industry. The streets of Miami are a spectacle; posh, luxury cars, and exorbitant, fancy motorcycles can be seen on every street and every freeway.
On top of the large population, Miami attracts some of the highest tourist traffic, both locally and internationally. Miami boasts of some of the best beaches in Florida, and when you combine that with the general fun vibe that the city is popular for, Miami is crowded with tourists all year long, especially in the winters.
With so many people and vehicles out and about at every hour of the day, unfortunate accidents do frequently occur in Miami, with vehicular crashes being one of the most popular reasons cited for injury-related visits to the ER.
Motorcycle accidents in Miami can cause severe injuries to the victims. If you have been involved in a motorcycle accident due to the carelessness of another, you may be eligible to pursue damages for the losses you bear as a consequence of the accident.
Frankl Kominsky Injury Lawyers offer a free consultation. We will review the circumstances of your claim, and offer guidance as to your legal options.Motorcycle Accidents and Injury Claims
Common causes for motorcycle accidents in Miami result from the following:Distracted Drivers
Many motorcycle accidents are caused by distracted drivers, be it the motorcyclist themselves or the driver of the opposite vehicle. There is no room for distraction on the road; one moment of eyes off the road or mind on something else could have grave consequences for all parties involved in an accident. Distracted driving can involve texting while driving, talking on the phone, or having fun with the passengers of the car.Failure to Comply With Traffic Laws
Traffic rules are in place to protect us, and failure in following them never ends well. When motorcyclists or drivers ignore speed limits, traffic signals, and general rules of the road, crashes are inevitable. Sticking to the reserved sides of the road, staying well within speed limits, and following every rule in the book are good practices and minimize the chances of road accidents to a large degree.Hit & Run Motorcycle Crashes
Hit and run road accidents happen with every vehicle. Many motorcyclists, speeding along the road, escape in fear of consequences.mIf you have been involved in a motorcycle accident, stay put until the law enforcement officials arrive.Motorcycle Accidents Involving Company Vehicles and Commercial Trucks
Many times, commercial vehicles and trucks get involved with accidents with motorcycles. Due to their large sizes, they have a bigger blind spot and can often not spot vehicles as small as motorcycles. They also may be in a hurry to make deliveries and consignments on a deadline. If the accident involves a motorcycle and company vehicles, the employer of the driver may also be held liable.Defective Motorcycle Part
Sometimes, the motorcycle accident is not the motorcyclist's fault at all. Instead, it is the motorcycle manufacturer who is to blame for the faulty or defective motorcycle part that caused the accident. Strict liability will apply, and the manufacturer may likewise be held responsible for the accident.Most Common Causes for Motorcycle Accidents in Miami
- Failing to follow posted speed limits
- Failing to leave sufficient room between vehicles
- Failure to see a motorcyclist changing or entering lanes
- Driving under the influence
- Fail to see the motorcyclist
- Swerving in front of a cyclist
- Cutting off motorcyclists at intersections
- Misjudge the motorcyclist's speed or distance
- Neglecting to pay appropriate attention to other drivers
- Panic and stop in the motorcyclist's path
- Rely on the judgment of another driver, who also fails to see the motorcyclist
Speeding is one of the leading causes of all sorts of accidents. It can be especially dangerous with motorcycles, as the small but powerful vehicles are capable of reaching great speeds. Because of the failure to comply with the speed limits and the added fact of their smaller size, they can be hard to spot by other drivers on the road, leading to crashes.
Speed limits are always encouraged so people can spot vehicles in time to take necessary action to prevent collisions, but fast vehicles ignore the limits, and thus, bear the consequences.
Motorcyclists, in their confidence to get through small spaces because of their compact size, squeeze between larger vehicles, and between lanes hoping to make it past.
A little swerve from either driver then results in a serious accidents that can leave both parties gravely injured. Safe distances from other vehicles on the roads are specified and encouraged so everybody can slow down in time, and see vehicles approaching.
Motorcycles are possibly the smallest vehicles on roads and can be easily missed by big vehicle drivers, such as trucks and buses. Many times, when a motorcyclist changes or enters a new lane, albeit with every precaution on his part, it can be missed by the drivers of bigger vehicles.
Large vehicles also have a bigger blind spot that can prevent them from seeing the motorcyclists in time.
Driving while intoxicated or under the influence of drugs is an offense that could earn you jail time, but despite that, the number of DUI drivers are plenty on the road. In a city like Miami, which is famous for its nightlife and parties, many motorcycle accidents are caused by drunk drivers. Under the influence, the drivers misjudge distances, have headaches, blurry vision, and compromised judgements.
You must never get behind the wheel after drinking, as you are putting the lives of everyone, including yourself, in danger. A fun night of drinking can very well become the worst night of your or someone else's life.
Due to the small size of the vehicle, many drivers fail to see the motorcycle on the road and thus fail to stop and brake in time. This problem is more common for drivers in larger vehicles. Drivers can also fail to notice motorcycles when the motorcyclists are speeding, or when the drivers are distracted and have their attention divided.
Other common causes of motorcycles accidents with faults from either party include:
- Bone fractures and dislocations
- Severe head injury
- Spinal cord injuries:
- Injury to the neck or back:
- Traumatic Brain Injury:
If the victim gets stuck underneath a heavy motorcycle or gets thrown off their vehicle at an angle and with force, there is a high possibility of bones breaking. While incredibly agonizing, most fractures do recuperate with time; however, in some instances surgery may be required
In a severe accident, there are chances of the victim experiencing severe head injuries. The wounds may be awful enough to damage the brain, which will warrant medical procedures to correct. The cost of these medical procedures is extremely high, as is the healing time.
Injuries to the spinal cord influence everything from physical development to tangible capacities. Spinal cord wounds are extreme and may even bring about lasting inability and various medical procedures, alongside long stretches of non-intrusive, physical therapy.
Neck wounds are normal in practically all vehicular collisions. The "whiplash" from the effect of colliding with another vehicle or from slowing down suddenly when a motorcyclist appears in your path can cause severe injuries.
Some head injuries can be more severe than they seem on the outside. If there is an occurrence of injury to the head, the brain may also be affected. An intensive clinical examination is critical as cerebrum harm can cause temporary or perpetual handicap if not treated immediately.
Some limbs or facial features may be scarred because of the accident. Some deep cuts across your chest and legs or scars to your face may be companions for life.
If you are fortunate, you may escape with only a couple of cuts, wounds, and scars. In any case, you should have a complete medical examination.Miami Motorcycle Accidents: Determining Fault
Florida's Statute of Limitation states that the victim of a motorcycle accident resulting from negligence has only 2 years from the time of the accident to file a lawsuit against the at-fault party. If a fatality is involved, the time limit to file a wrongful death lawsuit is 2 years from the date of death. If this time limit is exceeded, the Statute of Limitations expires, the court will likely dismiss your lawsuit.
Consult with a dedicated motorcycle accident attorney for guidance on how to proceed with your accident claim.What Damages Can I Pursue in my Motorcycle Accident Claim
If you are involved in a motorcycle accident and opt to file a motorcycle accident claim, the damages you may be entitled to pursue include:Medical Expenses
Your injuries from the motorcycle accident may be severe and need immediate medical attention. This includes the emergency room, doctor visits, physical therapy, diagnostic testing, prescription medication and physical therapy.Current and future lost wages
You may miss work due to the severity of your injuries and time spent at doctor appointments. In the time it takes you to recover, there will likely be no steady stream of income. It is possible that due to your injuries, you might never again be able to work in the same capacity or earn the same amount. The compensatory damages should make up for the current, and future wages lost to provide financial security to the victim.Repair or replacement of your vehicle
You have the right to ask for monetary compensation to get your vehicle repaired, and if it is beyond repair, then to get the fair market value of your car.Pain and Suffering
The injuries you bear may cause you considerable anguish, suffering and the loss of the enjoyment of life. The suffering may not just be physical; there may also be emotional trauma attached to the accident.Loss of Consortium
Your spouse may be able to pursue damages based on the loss of emotional support and services of their injured spouse.
Consult with an experienced motorcycle accident attorney. We can assist in pursuing the compensation you deserve.What to Do After a Motorcycle Accident
Though being involved in an accident is a traumatic incident, you are advised to do the following:
Scene of the Crash
- Never Leave the Scene
- Get Medical Help
- Report the Accident to the Police
- Eyewitness statements
- Pictures from the scene of the accident
- Other documentation of your injuries
Never leave the scene of the accident. You are required by law to remain until the law enforcement officers arrive.
If you have been injured, you will be examined by paramedics at the spot or transported to the nearest hospital. Tell the doctors about any pain or injury you have sustained so they can provide appropriate treatment.
Hospitals in Miami you can visit include the University of Miami Hospital and South Miami Hospital, among others.
Report the incident at the nearest Miami Police Department or call 911. Make sure to get the identification number of the crash report so you can pick it up later to use it in court.
Speak to the people who witnessed the accident. Be sure to collect their contact information including their name, address and phone number.
Take pictures of the scene of the accident and the vehicles involved. You can also take photos of your injuries.
Keep a journal of your injuries and note down how the injuries heal, how much time they are taking, and how they are interfering with your daily life.
After the Crash
- Collect Medical Records
- Speak to a Motorcycle Accident Lawyer
Collect receipts of your medical and hospital bills and discharge papers from the
emergency room or hospital. Make copies and compile them.
If you or a loved one has sustained injuries in a motorcycle crash, speak to an experienced motorcycle accident attorney for guidance on how to proceed with your claim.
The at-fault party's insurance company may contact you for a recorded statement. It is advisable not to provide a recorded statement or sign any documents without speaking to an experienced personal injury attorney first.Discuss Your Negligence Claim with an Attorney
If you have been harmed because of someone else’s carelessness, there is no substitute for having dedicated legal representation on your side. At Frankl Kominsky Injury Lawyers, we are committed to helping injured victims. Our firm has over 40 years of combined experience handling accident and injury cases, and we know what it takes to try and prove a negligence claim. You can expect the utmost respect and professionalism from our licensed attorneys and legal staff.
Frankl Kominsky offers a free consultation or free case reviews, reach out to Frankl Kominsky for any questions, appointments, or case evaluations by filling out the free case evaluation form. Or, you can simply call their office at 786-800-8000.Motorcycle FAQs What is the Likelihood of You Dying in a Motorcycle Accident?
There is estimated to be 37% more chances of you dying in a motorcycle accident, as compared to a car crash, according to the US Department of Transportation's National Highway Traffic Safety Administration (NHTSA). Taking protective measures when riding motorbikes could increase the likelihood of survival.How can a Motorcyclist Avoid an Accident?
These are just some of the measures that motorcyclists can take to ensure their own safety and of those on the road.
- Wear protective helmets and eyewear to make sure that vision is uncompromised by wind or debris.
- Follow the traffic rules and speed limits
- Don't try to drive between active traffic and parked cars
- Make sure the motorcycle is properly maintained and serviced
- Don't swerve in front of bigger vehicles
There is no evidence as such to suggest that bigger or heavier motorcycles are safer. On the contrary, they could potentially be more dangerous, because their ability to swerve and move out of the way quickly is decreased due to increased size and weight.