Miami motorcycle accident lawyers
The lawyers and staff at Bernstein & Maryanoff, Injury Attorneys, have the resources and experience to help you pursue the maximum compensation for your injuries or loss in a motorcycle crash. With a principal office in Miami, numerous other offices across Florida, and the willingness to make house calls, our attorneys will be there when you need them.
Our Proven Results Speak for Themselves
Since 1983, Jack G. Bernstein has fought for injury victims seeking compensation. He’s involved in every personal injury case handled by the experienced attorneys at his law firm, providing expert oversight for the personal injury lawyers at Bernstein & Maryanoff, and helping to ensure clients recover the maximum compensation available.
$3 million settlement
Wrongful death in motor vehicle accident.
$3 million settlement
Secured for a client with neck injuries in car accident.
$2.76 million Settlement
Wrongful death in motor vehicle accident.
$2.25 settlement
secured for a client with paralyzed in medical malpractice.
$2 million settlement
secured for a client with brain injury in medical malpractice.
$1.75 million Settlement
Secured for a client with burns and dystrophy in slip and fall accident.
In a motorcycle or moped crash, the rider does not have the protection of a metal vehicle surrounding them, nor safety devices such as an airbag or padded dash. As a result, motorcyclists are 28 times more likely to die per mile traveled than car occupants, according to 2023 NHTSA data. In that same year, 6,335 motorcycle riders were killed nationally, accounting for 15% of all traffic fatalities. Proper legal representation after any motorcycle accident is not optional; it is necessary.
Under Florida law, a motorcycle is excluded from the no-fault insurance law. This means that the driver of a motor vehicle that hits a motorcycle does not have the defenses available under the auto no-fault law. In many motorcycle accidents, the victim can recover money damages from the at-fault driver without having to prove that they are permanently injured. The only question is how much money the victim should be awarded for their injury or loss.
Why choose Bernstein & Maryanoff for your motorcycle accident case?
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What sets us apart |
Details |
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$500 million+ recovered |
We have secured over $500 million in favorable settlements and successful verdicts for motorcycle accident victims and other personal injury clients. |
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Personal involvement in your case |
You have a dedicated lawyer and legal team handling your motorcycle accident case, readily available to answer your questions. |
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Double board-certified trial lawyers |
Our Miami motorcycle accident attorneys have trial experience, are board-certified, and practice in at least two areas of personal injury law. |
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Proven strategy against insurance companies |
We understand the tactics insurance companies use to reduce or deny motorcycle accident claims and counter them effectively. |
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Expert network |
We work with accident reconstruction specialists, medical professionals, and financial experts who can strengthen your claim. |
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No fees unless we win |
We never charge any legal fees upfront and only collect once we recover compensation for you through a settlement or verdict. |
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Thousands of cases won across South Florida |
We have secured favorable verdicts for thousands of personal injury victims in the greater Miami area. |
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Local courtroom experience |
We are familiar with Miami’s legal landscape, court procedures, and the judges who preside over motorcycle crash cases in South Florida. |
Common motorcycle accident injuries and severity
Motorcycle accident victims are exposed to the full force of impact in a crash. Without the structural protection of a passenger vehicle, injured motorcyclists often suffer from a range of severe injuries. Below is a breakdown of the most common types, grouped by severity.
Severe and life-threatening injuries
- Head injuries (concussions, traumatic brain injury): Some of the most serious injuries that can lead to permanent impairments. According to the NHTSA 2023 Motorcycles Fact Sheet, 51% of motorcyclists killed in states without universal helmet laws were not wearing helmets, showing how a motorcycle helmet directly affects survival outcomes.
- Spinal cord injuries (paralysis, herniated discs): The force of impact can cause trauma to the back, which can be very severe and life-altering. Spinal cord injuries may result in partial or full paralysis.
- Internal organ damage: Blunt force and penetrating trauma can damage internal organs, and could be life-threatening and severe. Internal injuries from motorcycle crashes often require emergency surgery.
- Wrongful death: Death can occur at the time of the motorcycle accident or due to complications from injuries sustained in the crash.
Moderate injuries
- Broken bones (fractures): The force of impact fractures and breaks bones, some of which can be severe and lead to complications or surgery.
- Road rash (skin abrasions and lacerations): One of the most common motorcycle injuries from sliding across the ground, ranging from minor to deep abrasions. Severe road rash can require skin grafts.
- Burns: Burns can range from mild to severe from coming into contact with exhaust pipes and hot engine parts.
- Facial injuries: Permanent scarring, disfigurement, broken teeth, punctured retinas, jawbone, and nose fractures can occur in motorcycle accidents.
- Chest injuries: Impacts from the crash can cause broken ribs, punctured lungs, and other chest trauma.
- Amputations or loss of limbs: Often resulting from catastrophic injury or being crushed during the motorcycle crash.
Other injuries
- Soft tissue injuries: These are typically less severe and include strains, sprains, bruising, and tears to tendons, ligaments, and muscles.
- Neck injuries: Neck injuries range from whiplash to more severe damage to the throat, airway, and spinal cord.
- Psychological trauma: PTSD, anxiety, and depression can occur based on the severity of the motorcycle accident and resulting injuries.
Common causes of motorcycle accidents in Miami
Most motorcycle accidents in Miami happen because of another driver’s careless or reckless behavior. Understanding these causes can help you identify who is at fault and strengthen your motorcycle accident case. Common causes include:
- Distracted driving: Drivers texting, talking on the phone, or otherwise not paying attention are a leading cause of motor vehicle accidents involving motorcycles.
- Unsafe lane changes: Drivers who fail to check blind spots before changing lanes often cut off motorcycle riders, causing collisions.
- Aggressive driving and speeding: Reckless drivers who speed, tailgate, or weave through traffic put motorcycle riders at serious risk. Learn more about reckless driving accidents.
- Left-turn collisions: Vehicles turning left at intersections frequently fail to see oncoming motorcycles, resulting in head-on collisions.
- Drunk driving: Impaired drivers have slower reaction times and impaired judgment. See our drunk driving accident page for more information.
- Failure to yield: Negligent drivers who do not yield the right of way to motorcycle drivers at intersections, merge points, and highway on-ramps.
- Poor road conditions: Potholes, uneven surfaces, loose gravel, and lack of proper signage affect motorcycle stability far more than they affect passenger vehicles.
What To Do After a Motorcycle Accident
- 1. Get medical attention: Call 911 and seek immediate medical attention. Even when you feel fine, a medical professional should evaluate you for internal injuries or delayed symptoms. Keep records of all medical treatment.
- 2. Report the incident: Under Florida Statutes § 316.066, all accidents involving injuries and property damage over $500 must be reported immediately. Failure to file a police report can hurt your motorcycle accident claim later.
- 3. Document the event: Take pictures and videos of the accident scene, vehicle damage, your injuries, and road conditions. Gather contact details from any witnesses, and exchange information with the other driver. Traffic camera footage, if available, can also support your case.
- 4. Avoid making statements: Only report the facts when speaking with the police. Never admit fault or make a formal statement until you have consulted with a Miami motorcycle accident attorney.
- 5. Do not speak to the insurance company alone: Insurance companies use tactics to reduce or deny your claim. Protect your rights by having an experienced motorcycle accident lawyer in Miami present to advise you during any conversations with insurance adjusters.
- 6. Keep all medical and expense records: For an accurate personal injury claim, all medical expenses, medical records, medical bills, lost wages, and other losses must be documented and kept organized.7. Contact a personal injury lawyer: As soon as you can, arrange a free consultation with a personal injury lawyer. We can meet with you at your home or the hospital.
How a Motorcycle Accident Lawyer Can Help You
Some of the ways our motorcycle accident attorneys in Miami, FL help you include:
- You heal, we handle everything: After your initial consultation, we take over and manage your motorcycle accident case, allowing you to focus on healing and recovery.
- We communicate with all parties: We let the at-fault party, their defense attorneys, and the insurance company know we are representing your interests.
- We investigate and prove fault: We take any documentation and evidence you have gathered, including police reports, eyewitness accounts, and medical records, and also perform our own detailed investigation to build a strong case.
- We calculate all your damages: We account for your current and future losses, including medical bills, lost wages, future earning capacity, and impacts to your livelihood when evaluating your claim.
- We negotiate with insurers for you: We handle all negotiations with insurers, adjusters, and their lawyers to pursue a fair settlement.
- We will go to court if needed: If we cannot reach a favorable settlement, we are fully prepared to aggressively litigate your motorcycle accident case at trial.
Types of Compensation You Can Claim
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Damage type |
What it covers |
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Economic damages |
Actual financial losses you experience: medical expenses, prescriptions, physical therapy, mobility aids, mental health treatment, travel costs, lost wages, loss of earning capacity, property damage, and any future financial impacts due to your injuries. |
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Non-economic damages |
Intangible losses without a fixed dollar value: pain, suffering, mental anguish, emotional distress, loss of enjoyment, loss of consortium, scarring, disfigurement, and inconvenience. |
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Punitive damages |
In rare cases, when the at-fault party’s actions are grossly malicious, reckless, or intentional (gross negligence), they can be held accountable through punitive damages. These damages are meant as a punishment and deterrent. |
Learn more about compensatory damages in Florida and non-economic damages under Florida law.
Florida Motorcycle Laws and How They Affect Claims
Florida motorcycle laws allow the injured party to seek compensation using an “at-fault” system, which differs from the state’s “no-fault” system for car accidents.
No PIP coverage
Motorcyclists do not have PIP coverage to pay their medical expenses, allowing them to file directly against the at-fault party. According to the FLHSMV 2023 Annual Traffic Crash Facts Report, Florida recorded 9,548 motorcycle crashes in 2023, resulting in 621 fatalities and 2,113 incapacitating driver injuries. These numbers show how severe Florida motorcycle injuries typically are and why direct fault-based claims matter.
Lower burden of proof
As long as a motorcyclist is injured, they can claim damages for their injuries against the responsible party. Unlike car accidents under the no-fault system, injured motorcyclists do not need to meet a permanent injury threshold before filing a personal injury lawsuit.
Helmet laws and impact on claims
If a motorcyclist qualifies for the state’s helmet exemption, they must carry at least $10,000 in medical benefits. Florida’s partial helmet law carries added weight given that the state recorded 578 motorcycle fatalities and 9,420 crashes in 2024, the highest motorcycle death rate in the nation for three consecutive years, according to the FLHSMV Crash Dashboard. Wearing proper safety equipment and protective gear, including a motorcycle helmet, can also affect how the insurance company evaluates your claim.
Uninsured motorist coverage for motorcycle riders
Florida has a high rate of uninsured drivers. If the at-fault driver does not carry insurance, uninsured motorist coverage on your own motorcycle policy can help pay your medical bills and lost wages. Motorcycle riders should review their policies with their insurer or consult our law firm about options for suing an uninsured driver for damages.
Proving Negligence and Liability
Because motorcyclists face a fatality risk 28 times higher per mile traveled than passenger car occupants, according to 2023 NHTSA data, establishing the four elements of negligence in a Miami motorcycle accident claim is critical to securing full compensation:
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Element |
What it means in a motorcycle accident case |
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Duty of care |
The responsible party had a duty of care to act in a reasonable manner to prevent harm. For example, they had a duty of care to follow traffic laws and operate their motor vehicle safely. |
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Breach of duty |
The at-fault person failed to act reasonably and caused injuries to another. For instance, they were speeding, ran a red light, or made an unsafe lane change. |
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Causation |
The defendant’s actions were the direct cause of the accident and resulting injuries. The motorcycle crash and injuries were a result of the defendant’s breach of duty. |
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Damages |
The plaintiff must prove they experienced actual losses and injuries due to driver negligence. There must be quantifiable losses, such as medical expenses, medical bills, and lost wages. |
Common Evidence Used To Prove Liability
- Police reports
- Medical records and medical bills
- Pictures and videos from the accident scene
- Eyewitness accounts and witness statements
- Traffic camera footage
- Expert testimony (accident reconstruction, medical professionals)
Wrongful death claims in motorcycle accidents
When a motorcycle accident results in a fatality, surviving family members may have the right to file a wrongful death claim. Florida law allows spouses, children, parents, and other dependents to seek justice and recover compensation for their loss, including funeral expenses, lost financial support, and loss of companionship. The statute of limitations for wrongful death in Florida is two years from the date of death, so family members should contact an attorney as soon as possible.death claims in motorcycle accidents
Contact Our Motorcycle Injury Attorneys for Expert Advice
Being injured in a motorcycle accident in Miami can have long-lasting impacts on your life and livelihood. Before speaking to the insurance company, find out your legal rights and the value of your claim by requesting a free consultation and case evaluation at Bernstein & Maryanoff, with one of our Miami motorcycle accident lawyers. You can also contact us directly to schedule your free case evaluation.
Results you can trust
With a proven track record, extensive experience, and a passion for justice, the personal injury attorneys at Bernstein & Maryanoff, Injury Attorneys, are committed to protecting your rights. View our verdicts and settlements.
NO FEES UNLESS WE WIN
Protecting Your Rights Since 1983
For more insight into your case, contact our team for a free consultation today.
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Jack G. Bernstein has been practicing law since 1983 and it shows. His expertise in personal injury has gained him recognition in Miami and across the state of Florida. The unique strategy that led to his success rests on his passion for protecting his clients’ rights and genuine concern for those in need.
Our Miami Law Firm Location
Address:
9415 Sunset Drive
Suite 226
Miami, Florida 33173