Miami Motorcycle Accidents 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.

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 Us?

• $500 million+ recovered for injury victims: We have secured over $500 million in favorable settlements and successful verdicts for our clients. 
• Personal involvement in your case: You have a dedicated lawyer and legal team handling your case, readily available.
• Double board-certified trial lawyers: Our motorcycle accident lawyers in Miami have trial experience, are board-certified, and specialize in at least two areas of personal injury law. 
• Proven strategy against insurance companies: We understand the tactics insurance companies use to achieve successful results.
• Expert network that strengthens your claim: We have access to the legal resources to further strengthen your claim for a positive outcome.
• No fees unless we win: We never charge any legal fees upfront, and only collect once we win your case.
• Thousands of cases won across South Florida: We have secured favorable verdicts for thousands of victims in the greater Miami area. 
• Local experience: We are familiar with Miami’s legal landscape, court procedures, and unique laws.

Common Motorcycle Accident Injuries and Severity

• Road rash (skin abrasions and lacerations): One of the most common motorcycle injuries from sliding across the ground, which can range from minor to deep abrasions. 
• Broken bones (fractures): The force of impact fractures and breaks bones, some of which can be severe and lead to complications or surgery. 
• Head injuries (concussions, traumatic brain injury): Some of the most serious injuries that can lead to permanent impairments.
• Spinal cord injuries (paralysis, herniated discs): The force of impact can cause trauma to the back, which can be very severe and life-altering. 
• Internal organ damage: Blunt force and penetrating trauma can damage internal organs, and could be life-threatening and severe.
• Facial injuries: Permanent scarring, disfigurement, broken teeth, punctured retinas, jawbones, and noses can occur with motorcycle accidents. 
• Burns: Burns can range from mild to severe from coming into contact with exhaust pipes and hot engine parts. 
• Soft tissue injuries: These are typically less severe and include strains, sprains, bruising, and tears to tendons, ligaments, and muscles.
• Chest injuries: Impacts from the crash can cause injuries to the ribs and lungs.
• Amputations or loss of limbs: Often resulting from severe injury or being severed from being crushed during the crash.
• Psychological trauma: PTSD, anxiety, and depression can occur based on the severity of the other injuries. 
• Neck injuries: Neck injuries range from whiplash to more severe damage to the throat, airway, and spinal cord. 
• Wrongful death: Death can occur at the time of the accident or due to complications from injuries.

What To Do After a Motorcycle Accident

• Step 1 – Get medical attention: Call 911 and request immediate medical care, even when someone feels fine, to ensure there are no internal injuries.
• Step 2 – Report the incident: Florida law requires all accidents involving injuries and property damage over $500 to be reported immediately.  
• Step 3 – Document the event: Take pictures and videos, gather contact details from any witnesses, and exchange information with the other driver. 
• Step 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. 
• Step 5 – Do not speak to the insurance company alone: Insurance companies use tactics to reduce or deny your claim. Ensure you protect your rights by having a motorcycle accident lawyer in Miami present to advise you. 
• Step 6 – Keep all medical and expense records: For an accurate claim, all medical expenses, medical reports, lost wages, and other losses must be documented and kept.
• Step 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, too. 

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 case, allowing you to focus on healing and recovery.
• We communicate with all parties: We let the at-fault party and insurance companies know we are representing your interests. 
• We investigate and prove fault: We will take any documentation and evidence you have gathered, 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, and impacts to your livelihood when evaluating your claim to ensure you receive the compensation you deserve. 
• We negotiate with insurers for you: We handle all negotiations with the insurance company, adjusters, and their lawyers, so you don’t have to worry about their tactics. 
• We will go to court if needed: If we cannot reach a favorable settlement, we are fully prepared to aggressively litigate your case at trial.

Types of Compensation You Can Claim

• Economic damages: Actual financial losses you experience, such as 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. 
• Non-economic damages: Intangible losses without an actual dollar value that occur, such as pain, suffering, mental anguish, emotional distress, loss of enjoyment, loss of consortium, scarring, disfigurement, and inconvenience. 
• Punitive damages: In rare cases, when the at-fault party’s actions are grossly malicious, reckless, or intentional, they can be held accountable through punitive damages. These damages are meant as a punishment and a deterrent to others. 

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. 

• No PIP coverage: Motorcyclists do not have PIP coverage to pay their medical expenses, allowing them to file against the at-fault party.
• Lower burden of proof: As long as a motorcyclist is injured, they can claim damages for their injuries against the responsible party.
• 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. 

Proving Negligence and Liability

The key elements to proving negligence and liability in Miami are:

• 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.
• Breach of duty: The at-fault person failed to act reasonably and caused injuries to another. For instance, they were speeding or ran a red light.
• Causation: The defendant’s actions were the direct result of the accident and resulting injuries. The accident and injuries were a result of the defendant’s breach of duty. 
• Damages: The plaintiff must prove they experienced actual losses and injuries due to the other person’s negligence. There must be quantifiable losses, such as medical expenses and lost wages. 

Common Evidence Used To Prove Liability

• Police report
• Medical records
• Pictures and videos
• Witness statements
• Expert testimony

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 motorcycle accident injury lawyers.

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