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Being thrown from your bike on SR 836 or Biscayne Boulevard is terrifying, and the days that follow bring a new kind of stress as bills arrive and insurers start calling. Frankl Kominsky Injury Lawyers represents riders hurt across Miami-Dade County. When you need a Miami motorcycle accident lawyer, we offer a free consultation 24/7, and you pay no attorney fees unless we recover money for you.
Our firm has recovered over $250 million for injured clients, and we bring that same push to every rider's claim. Call 561-800-8000 to speak with our team about your crash.
Hablamos Español: Help for Miami Riders in Your Language
Our firm serves Miami riders in English, Spanish, and Creole, so you never have to explain your injuries or your claim through a family member or a translation app. Staff members fluent in Spanish and Creole work alongside our lawyers, and our full Spanish-language website lets families read about their rights at home.
Language matters in an injury case, because recorded statements, medical histories, and settlement papers all carry legal weight. A misunderstanding at any step may cost you money.
Our bilingual team helps Miami riders with steps such as:
- Explaining what happened in a first consultation, in the language you think in
- Reviewing what an insurance adjuster asked and what you said
- Gathering medical records and bills from Miami-Dade providers
- Walking through settlement terms line by line before you sign
You understand each decision before you make it, and your family stays informed along the way.
What Happens in the First Weeks After a Miami Motorcycle Crash?
The first weeks after a Miami motorcycle crash set the course of your claim, from the police report to your first conversations with insurers. Knowing what comes next takes some of the uncertainty out of the process.
Here is what a typical timeline looks like:
- The day of the crash: The Miami Police Department, the Miami-Dade Sheriff's Office, or the Florida Highway Patrol responds, depending on where the crash happened.
- Within 10 days: The investigating officer files a long-form crash report for crashes involving injuries, as required by section 316.066 of the Florida Statutes.
- The first 60 days: The report stays confidential except to the people involved, their lawyers, and their insurers, who may request it through the Florida Crash Portal.
- The first few weeks: Adjusters from the other driver's insurer contact you, often asking for a recorded statement.
- Throughout: You receive medical treatment, and we gather records, bills, and evidence to document your losses.
What you say and sign in those first weeks often shapes the rest of your claim. Early legal help keeps evidence from slipping away and keeps adjusters from setting the terms before you know what your injuries will cost.
How Does Florida Law Treat Injured Motorcyclists?
Florida law gives injured riders the right to seek compensation from negligent drivers, but several rules apply differently to motorcyclists than to car occupants. Three of them shape nearly every Miami motorcycle claim.
No PIP Coverage for Motorcycles
Florida's no-fault system covers vehicles with four or more wheels, so motorcycles fall outside it under section 627.732. That means a rider's early medical bills come from the at-fault driver's insurance, the rider's own optional coverage, or health insurance rather than PIP benefits.
The Two-Year Deadline
Most Miami riders have two years from the date of the crash to file a negligence lawsuit under section 95.11(5)(a). Claims against government agencies and wrongful death claims have their own timing rules, so confirm your deadline as early as possible.
Shared Fault and the 51% Bar
Under section 768.81(6), a rider's compensation drops by their percentage of fault, and a rider found more than 50% at fault recovers nothing. For example, a rider with $300,000 in damages who is found 10% at fault for riding near a driver's blind spot recovers $270,000.
Insurers know how much these percentages matter, which is why they look hard for ways to blame the rider.
Which Motorcycle Crashes Do We Handle in Miami?
Most Miami motorcycle crashes involve a driver who failed to account for a rider, and each scenario raises its own liability questions. Identifying the right scenario early points us toward the evidence that proves it.
Rear-End Crashes in Stop-and-Go Traffic
A rider stopped at a light on Coral Way or Flagler Street has almost nothing between them and a distracted driver behind them. Under Florida case law, a driver who rear-ends another vehicle generally faces a rebuttable presumption of negligence, which puts the burden on that driver to explain what happened.
Turning and Merging Crashes
Drivers who turn across a rider's path or merge on SR 836 or I-95 without checking mirrors cause many of the serious crashes we see. These cases often depend on video, witness accounts, and the angle of damage on the motorcycle.
Car Door Collisions
A parked driver who swings open a door into a passing rider may be liable for the crash, because Florida law prohibits opening a vehicle door until it is reasonably safe and does not interfere with moving traffic under section 316.2005.
Road Hazards and Construction Zones
Potholes, uneven pavement, and debris pose a far greater danger to motorcycles than to cars. A claim against a government agency or contractor responsible for the road follows separate written notice rules and damage caps, so these cases call for early action.
What Evidence Proves a Miami-Dade Motorcycle Case?
Strong evidence keeps a Miami-Dade motorcycle case focused on what the driver did wrong. Some of the most useful proof disappears quickly, so we act fast to secure it.
| Type of evidence | Why it matters | How long it may last |
|---|---|---|
| Traffic and business surveillance video | Shows the moments before impact | Often recorded over within days or weeks |
| Your motorcycle and helmet | Damage patterns show the angle and force of impact | Until repaired, salvaged, or thrown away |
| Crash report and body camera footage | Records officer observations and statements | Kept by the agency, but access requests take time |
| Witness statements | Independent accounts of the driver's actions | Memories fade quickly |
| Phone and vehicle data | May show distraction or speed | Subject to carrier retention limits |
| Medical records | Connect your injuries to the crash | Kept long term, but gaps in treatment hurt claims |
Gaps in medical treatment are one of the most common reasons insurers lower offers. Following your doctors' recommendations protects both your health and your claim.
Riders Face Bias From Insurers, and We Push Back
Insurance bias against motorcyclists is real, and the strongest answer to it is evidence. Knowing how that bias works helps you avoid feeding it.
How the Bias Shows Up
Many adjusters assume a motorcyclist was speeding or weaving before they read the crash report. That bias shows up in low offers, slow responses, and questions designed to get you to admit some share of fault.
How We Respond
We answer those tactics with evidence and with experience in trial courts. Attorney Steven Frankl describes the firm's commitment this way: "There'll always be a person on the back end that they'll be able to talk to, not get in this round robin." When an insurer pushes back, you hear from your lawyer, not an automated system.
Which Court Hears a Miami Motorcycle Lawsuit?
Most motorcycle claims settle, but Miami lawsuits seeking more than $50,000 go to circuit court in Florida's 11th Judicial Circuit. Civil cases in Miami-Dade are now heard at the Osvaldo N. Soto Miami-Dade Justice Center, located at 20 NW First Avenue in downtown Miami.
Mediation Before Trial
Florida courts frequently send civil cases to mediation, a structured settlement meeting with a neutral mediator, before trial. Many Miami-Dade motorcycle cases resolve at that stage, and preparing your case for trial from the start gives you leverage when you sit down at the table.
Results We Have Recovered for Injured Clients
Our lawyers have recovered compensation for clients facing serious injuries, long recoveries, and insurers that refused to pay fair value. Recent results include:
- $3,600,000 for a brain injury, hand fracture, and multiple lacerations
- $1,260,000 for a brain injury, skull fracture, and hand fracture
- $1,000,000 for facial injuries, a hand fracture, a facial fracture, and spine injuries
- $250,000 for road rash, arm injuries, a foot injury, and a cervical injury
Each of these results reflects the evidence and injuries in that claim, and past results do not predict the outcome of a future case.
What Miami Riders Gain With Frankl Kominsky
Miami riders choose Frankl Kominsky Injury Lawyers because we combine a statewide injury practice with personal attention and the language skills Miami families need. Our nearest office is in Pompano Beach, and we offer consultations by phone so you may start your claim without traveling.
What sets our firm apart for Miami riders:
- Staff fluent in Spanish and Creole
- Over 2,000 verified client reviews
- 60+ years of combined injury law experience
- A BBB A+ rating
- Steven Frankl's recognition from Super Lawyers and the National Trial Lawyers Top 40 Under 40
Our motto is Never Settle For Less®, and it guides how we handle every offer an insurer puts on the table. Call 561-800-8000 for a free consultation in English, Spanish, or Creole.
FAQs: Miami Motorcycle Accidents
What if the driver says they never saw my motorcycle?
A driver's claim that they never saw your motorcycle does not excuse the crash under Florida law. Drivers must look for and yield to all vehicles, including motorcycles, and a driver who turns or changes lanes without seeing an approaching rider often failed to look carefully.
Does a motorcycle accident claim cover my damaged bike and riding gear?
Yes, a Miami motorcycle accident claim may include the cost to repair or replace your motorcycle, helmet, jacket, gloves, boots, and other gear damaged in the crash. Keep damaged gear as evidence and save receipts or photos showing what you paid for aftermarket parts and accessories.
Who pays if an uninsured driver hit my motorcycle in Miami?
If the at-fault driver had no insurance, your own uninsured motorist (UM) coverage may pay for your injuries if you carry it on your motorcycle policy. Florida does not require drivers to carry bodily injury liability coverage, so many Miami drivers have little or no coverage for a rider's injuries.
How long does a Miami motorcycle accident case take?
A Miami motorcycle accident case may resolve in several months if fault is clear and your treatment is complete, or take a year or more if the insurer disputes the claim. Cases that go into litigation in Miami-Dade often take longer because of discovery, mediation, and court calendars.
Does riding without a helmet affect a motorcycle injury claim in Florida?
Riding without a helmet does not bar a motorcycle injury claim in Florida, and riders over 21 may legally ride without one if they carry at least $10,000 in medical benefits under section 316.211. Insurers may still argue that a helmet might have reduced a head injury, which may reduce only the portion of damages tied to that injury.
Get a Free Consultation in English, Spanish, or Creole
A serious motorcycle crash can take months or years to recover from. Surgeries, missed work, and a bike you may never ride the same way again all belong in your claim, not just the bills from the first week. Insurers rarely volunteer that full picture.
Frankl Kominsky Injury Lawyers builds Miami motorcycle claims around the whole cost of the crash, from future medical care to lost earning capacity. We secure the evidence early, keep you informed at every step, and prepare each case for trial so the insurer takes it seriously.
Call 561-800-8000 for a free consultation with a Miami motorcycle accident lawyer, available 24/7 in English, Spanish, or Creole.
