Fighting for justice and compensation after a motorcycle accident in Miami
Motorcycle accidents can be catastrophic and often deadly, given the lack of protection offered by a motorcycle for the rider. This means injured motorcyclists may be dealing with significant trauma and financial stress at a time when they should be focusing on recovering from their injuries.
If this sounds familiar, you can rest assured that Redondo Law is here to fight for your rights and help you through this trying time.
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Mike Redondo is an experienced motorcycle accident lawyer in Miami who can investigate your accident and gather the evidence you need to recover compensation for medical bills, lost income, pain and suffering, property damage, and more.
Reach out to Redondo Law today for a free consultation to learn more about your rights and get started with your claim.
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Choosing Redondo Law means you’ll be working with a compassionate and reliable team that puts your needs first:
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Benefit from years of experience handling crashes and collision cases in Miami, Florida, knowing you’re in capable hands.
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Enjoy peace of mind, knowing we have a track record of winning cases and securing the maximum compensation for you.
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How many motorcycle accidents are there in Miami?
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), in 2022, there were 9,252 motorcycle accidents in Florida, resulting in 7,949 injuries and 598 fatalities. Of those crashes, 1,197 occurred in Miami-Dade County, accounting for almost 13% of total motorcycle crashes in the entire state.
What’s the most common cause of motorcycle accidents?
One of the most common causes of motorcycle accidents is a car making a left turn in front of an oncoming motorcycle. In these scenarios, the car driver often misjudges the motorcycle’s speed or fails to see it all together.
According to the National Highway Traffic Safety Administration (NHTSA), approximately 1 in 3 motorcycle crashes involving another vehicle happen when motorists turn into the path of the motorcycle.
Below are some other common causes of motorcycle accidents on Miami roads:
- Speeding. When a driver is speeding, they have less time to react to obstacles, including motorcycles, and their stopping distance is significantly increased. This makes it more likely for them to collide with a motorcycle, especially in situations requiring sudden braking or quick maneuvers.
- Distracted driving. Drivers who are texting, talking on the phone, or otherwise not paying full attention to the road pose a significant risk to motorcyclists. Motorcycles are smaller and less visible than cars, requiring a driver’s full attention to notice and react appropriately. A distracted driver can easily overlook a motorcyclist, leading to dangerous situations or accidents.
- Driving while under the influence. Alcohol and certain drugs impair a driver’s ability to operate their vehicle safely, affecting their judgment, coordination, and reaction times. Drunk drivers are much more likely to cause accidents, including those involving motorcycles. The erratic behavior and poor decision-making associated with drunk driving put motorcyclists at particular risk.
- Blind spots. Motorcycles can easily fit into a truck’s or car’s blind spots, especially if the driver is not diligently checking them or using their mirrors effectively. When a driver fails to check their blind spots before changing lanes or making turns, they can collide with a motorcycle, often with devastating consequences.
- Failing to yield right-of-way. This occurs when a driver does not allow a motorcyclist the right-of-way when it’s legally required, such as at intersections, during lane changes, or when merging onto highways. This type of negligence can result in dangerous collisions that could have been easily avoided by following basic traffic rules. Motorcyclists are particularly vulnerable in these situations due to their smaller size and lack of protective barriers.
- Aggressive driving or road rage. Some drivers may act aggressively around motorcyclists, tailgating, cutting them off, or even attempting to run them off the road. Aggressive driving can be particularly dangerous for motorcyclists, who have less protection and stability than cars.
- Poor road conditions. Potholes, wet surfaces or uneven roadways can present significant hazards for motorcyclists because, unlike cars, they only have 2 wheels, making them less stable and more susceptible to accidents caused by poor road conditions.
- Vehicle defects. Sometimes an accident is caused by a mechanical failure in the motorcycle or another vehicle. Brake failure, tire blowouts and engine problems can all lead to severe accidents.
- Lane splitting. Though this is often more applicable to the actions of the motorcyclist, lane splitting can confuse car drivers who aren’t expecting a motorcycle to pass between lanes of slow-moving or stopped traffic.
Did you know?
More than 80% of motorcycle crashes result in injuries or fatalities for motorcycle riders.
What are common motorcycle accident injuries?
Motorcycle accidents often result in severe injuries to the motorcyclist and any passengers. The lack of protection and vulnerability of motorcycle riders may lead to these and other serious injuries.
Road rash
Road rash is a skin abrasion that occurs when a motorcyclist slides across the surface of the road during a fall or collision. The friction between the skin and the road surface causes layers of skin to be scraped away, resulting in painful wounds that can range from mild scrapes to severe, deep abrasions.
Motorcyclists are particularly susceptible to road rash if they are not wearing protective clothing, such as helmets, leather jackets and pants, that can shield against the abrasive force of the road.
Traumatic brain injuries (TBI)
Because of the nature of motorcycle accidents, with riders frequently being forcefully thrown to the ground, traumatic brain injuries may occur as a result of violent trauma to the head.
TBIs occur as a result of the head receiving a sudden blow or shock, and they can occur even if a motorcyclist was wearing a helmet at the time of the accident. These injuries can be very serious and sometimes fatal.
Burns
Burns during a motorcycle accident are often caused by the ignition of a ruptured gas tank. Depending on the nature of the accident, these burns can be severe and may require skin grafting.
Facial injuries
Motorcyclists involved in accidents may suffer from facial injuries such as broken noses and jaws, in addition to permanent disfigurement.
Neck and spinal cord injuries
Spine and neck injuries may occur in accidents, causing damage to spinal discs and possibly the spinal cord itself. Many of these injuries result in paralysis, while even less severe injuries may result in chronic pain for victims.
Broken bones
Broken bones, especially broken arms or legs, are common in motorcycle accidents. Riders may suffer fractures if they hit the pavement or if their motorcycle falls on top of them.
Internal injuries
The possibility of suffering an internal injury is higher for a motorcyclist, given the lack of protection. These injuries may not be immediately apparent after an accident but can include damage to vital organs and bleeding.
Internal injuries are usually caused by blunt force trauma, such as the impact of a rider colliding with the ground, or they may be caused by debris or wreckage piercing the body. If left untreated, these injuries can quickly become fatal.
What’s the average payout for a motorcycle accident in Florida?
Compensation for a motorcycle accident can vary dramatically based on a variety of factors, including the severity of the injuries, the circumstances of the accident, whether the injured party was partially at fault, and more.
Some minor injury cases may settle for a few thousand dollars, while severe or catastrophic injuries, especially those involving permanent disability or wrongful death, can result in settlements or judgments worth hundreds of thousands or even millions of dollars.
To understand how much your case may be worth, it’s advisable to consult a personal injury attorney who specializes in motorcycle accidents and is familiar with the legal landscape in Florida. They can provide you with an informed estimate based on the specific details of your case.
Is there a limit on pain and suffering compensation in Florida?
In Florida, there is no set amount or formula that dictates how much you can receive for pain and suffering in a motorcycle accident case. Each case is unique, and the amount you may be awarded will depend on factors such as the severity of your injuries and their impact on your quality of life.
Importantly, Florida law does not place a cap on non-economic damages like pain and suffering in motorcycle accident cases.
Without a cap, the award for non-economic damages is left to the discretion of the judge or jury, who will consider the evidence presented, including medical records, expert testimony and personal accounts, to arrive at a figure they consider fair and reasonable.
Consulting with an experienced motorcycle accident attorney can help you better understand what you might expect in terms of compensation for pain and suffering based on the particulars of your case.
What should I do after a motorcycle accident to protect my rights?
If you get into a motorcycle accident in Miami caused by someone else’s negligence, it’s essential to take the appropriate steps to limit your liability and protect your rights.
Be aware that even if the accident was partly your fault, you may still be entitled to compensation as long as you were 50% or less responsible. However, your compensation will be reduced according to your percentage of fault, so it’s crucial not to apologize to the other driver or accept any responsibility in the immediate aftermath.
Here are some key steps to take after a motorcycle accident:
- Check for injuries. First and foremost, assess your own condition and that of anyone else involved. Seek immediate medical attention if necessary.
- Move to safety. If possible, move yourself and your motorcycle out of the flow of traffic to a safe location. Use hazard lights or flares to alert oncoming vehicles.
- Call authorities. Dial 911 to report the accident. Having a police report can be invaluable when you file a claim.
- Gather information. Collect the contact and insurance information from other drivers involved, and note the license plate numbers of the vehicles.
- Take photos. Document the scene with photos or videos, capturing vehicle positions, road conditions and visible injuries.
- Speak to witnesses. If there are any witnesses, get their contact information and a brief statement if possible.
- Choose your words carefully. When talking to police or insurance adjusters, stick to the facts and avoid making statements that could be interpreted as admitting fault.
- Seek medical attention. Even if you feel fine, some injuries may not be immediately apparent, so it’s best to err on the side of caution. Additionally, a medical evaluation can provide important documentation of your injuries if you want to pursue a personal injury lawsuit.
- Document everything. Keep records of all medical bills, repair invoices, and any other expenses related to the accident. Also, document your physical and emotional state following the accident.
- Consult an attorney. Before speaking to an insurance company about settlements, consult with a personal injury attorney experienced in motorcycle accidents to understand your rights and the value of your claim.
Taking these steps can be critical in establishing fault, documenting your damages, and ultimately securing fair compensation for your injuries.
Do I need an attorney when I’m injured in a motorcycle accident?
Yes. Hiring an attorney after a motorcycle accident is crucial for several reasons.
One significant factor is the existence of “motorcycle bias,” a preconceived notion many people, including jurors and insurance adjusters, have that motorcyclists are inherently riskier or more reckless than car drivers. This bias can affect the outcome of your case, potentially reducing the compensation you receive. An experienced attorney can help counter this bias by presenting evidence that portrays the facts of the case impartially.
Additionally, injuries from motorcycle accidents often require extensive medical care, ranging from emergency treatment and surgeries to long-term rehabilitation. The costs can be overwhelming, and it’s vital to have legal guidance to ensure you claim all the damages you are entitled to, including current and future medical bills, lost wages, and more.
An attorney can also handle the negotiations with insurance companies, which typically aim to minimize payouts, to ensure you receive a fair settlement that adequately covers your medical costs and other damages.
FAQs
After a motorcycle accident, you may be entitled to economic damages, which include medical expenses, lost wages and property damage. Non-economic damages like pain and suffering, emotional distress and loss of enjoyment of life may also be compensable. In rare cases, punitive damages may be awarded if intentional or extreme negligence is involved.
To prove negligence, you must show that the other party had a duty of care toward you (which is generally a given when driving), they breached that duty, and the breach directly caused your injuries. Evidence can range from police reports and witness testimonies to traffic camera footage and expert analysis.
The duration of a motorcycle accident lawsuit in Miami can vary widely, depending on factors like the complexity of the case, the willingness of both parties to settle, and court schedules. In general, it could take anywhere from a few months to several years.
In Florida, the statute of limitations is 2 years from the date of the accident to file a personal injury lawsuit. Missing this deadline usually means you lose your right to sue for damages.
While you can technically file a claim on your own, hiring an attorney is strongly recommended. Motorcycle accidents often result in severe injuries that require extensive medical care, and an experienced attorney can help you secure the compensation you deserve.
Additionally, there’s a prevalent bias against motorcyclists that can affect your case, and a skilled attorney can help counteract this bias to ensure a fair outcome.
Injured in a motorcycle accident in Miami? Contact Redondo Law for help with your claim.
Mike Redondo and the team at Redondo Law have over a decade of experience handling personal injury claims involving motorcycle accidents in Miami. We’ll investigate the details of your accident, gather evidence to limit your liability, and zealously pursue your claim while you focus on recovering from your injuries.
Contact Redondo Law today using the form below to schedule a free, comprehensive consultation so we can help you get the justice and compensation you deserve.
References
Crash Dashboard. (n.d.). Florida Department of Highway Safety and Motor Vehicles. https://www.flhsmv.gov/traffic-crash-reports/crash-dashboard/
(2021). Nhtsa.gov. https://one.nhtsa.gov/people/injury/pedbimot/motorcycle/safebike/anatomy.html