Miami Motorcycle Accident Lawyer
Any time a person puts the key in the ignition and foot on the gas, there is a risk for injury. This is especially true when that individual is operating a motorcycle. Accidents involving motorcycles are among the most horrific, and they usually result in large-scale injuries and even death.The types of injuries that are associated with motorcycle crashes have a high cost of recovery that most people are not fiscally prepared for at the time of the accident.
After sustaining injuries from a motorcycle crash, your sole focus should be on healing and recovery. It is best to let a skilled Miami motorcycle accident lawyer deal with the insurance companies and other drivers involved in the crash. The Law Offices of Prosper Shaked has the resources and experience to effectively litigate your case and get you the compensation you need and deserve.
Common Causes of Motorcycle Accidents in Miami, Florida
Because they are so much smaller than cars and take up less space on the road, motorcycles are often disregarded by other drivers. This is especially true in Miami where motorcyclists face the dangers of inexperienced, unlicensed and distracted drivers behind the wheels of larger vehicle. This lack of awareness of motorcycles can lead to very severe injuries and fatalities. Some of the most common factors that cause motorcycle crashes are listed below:
- Cars making left turns in front of the motorcycle
- Illegal substances
- Prescription drugs
- Inclement weather conditions
- Car doors opened in front of a motorcycle
- Unsafe lane changes
- Sudden stops
- Other drivers not acknowledging their blind spot
- Debris on roadways
- Head on collisions
- Stationary objects
When an individual is involved in a motorcycle collision, the risk for serious injuries is high. Nothing stands between a motorcycle and another vehicle or a motorcycle and the road when a crash occurs. Motorcycle riders do not have the same protections and safeguards that people who drive cars and trucks have. Common injuries sustained in motorcycle crashes are as follows:
- Head and neck injuries
- Broken bones
- Cuts and lacerations
- Spinal cord injuries
- Brain injuries
- Road rash
- Chest injuries
- Diminished sensation in legs and arms
Who is at Fault for a Motorcycle Accident in Miami?
After suffering injuries from a motorcycle accident, it is important to find out who or what caused the crash. It is best to consult with an experienced motorcycle accident attorney who will properly investigate the crash and find all the responsible parties.
- Driver of the other vehicle – The driver of the vehicle that crashed into the motorcycle is often to blame for the accident.
- Motorcycle manufacturer – The motorcycle may contain a defective part that caused the motorcycle to crash. This is often the case with smaller custom motorcycles and “choppers” that are not subjected to rigorous safety inspections.
- Motorcycle mechanic – If the mechanic serviced your bike in a negligent manner that left it unsafe to ride.
- The motorcycle driver – Florida is a pure comparative negligence state. This means that your recovery as the motorcycle driver may be limited by how much your own negligence contributed to the crash. Unfortunately, jurors in Miami often find that the motorcycle driver is partially at fault. For example, if you sue the other driver and a jury determines that you were 25% at fault, your damages will be reduced by 25%.
Getting Compensation for Motorcycle Injuries
Unfortunately, many people, including insurance companies, have biased views and stereotypes that they hold against motorcycle riders. This can make the process of receiving compensation for injuries more difficult because insurance companies have a tendency to place blame on the motorcycle rider even if that person was not the cause of the crash. Insurance companies will claim that a motorcycle rider had pre-existing injuries or that the rider’s recklessness and speed was the cause of the crash. This is done in an effort reduce or eliminate damages owed to the injured rider. Victims often become vulnerable to persuasive insurance claims adjustors and even to the individuals responsible for the crash. This is why it is so important to retain a motorcycle accident attorney right away to handle cases like these.
There are two types of compensation that a motorcycle crash victim may receive: compensatory and punitive. Compensatory damages are divided into two subcategories: monetary and nonmonetary. Some examples of monetary damages are:
- Present and future lost earnings
- Present and future medical expenses
- Vocational rehabilitation
- Property damages
- Household services
- Wrongful death damages
A victim may collect nonmonetary damages as well, although they are more difficult to calculate. Examples of nonmonetary damages include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment
- Loss of consortium
Punitive damages are not awarded as frequently as compensatory damages. The goal of punitive damage is to make an example out of a defendant so as to deter people from committing similar acts in the future. They are awarded when a court finds that a defendant’s actions were particularly outrageous and egregious. Many states put a cap on the amount of punitive damages that may be awarded in a personal injury cause of action. In the State of Florida, an injured party can collect up to the greater of three times the amount of compensatory damages awarded or $500,000.
Statute of Limitations for Motorcycle Accidents in Miami, FL
Following a motorcycle crash, it is crucial that the injured rider be aware of the statute of limitations for filing a lawsuit against the person who hit them and as well as filing any other third party claim. The State of Florida has a four year statute of limitations for filing claims for injuries sustained in car/motorcycle accidents. This means that an injured person has four years from the date of the accident to file in court. If a family wants to file a wrongful death suit for a family member who was killed in a motorcycle collision, the statute of limitations is reduced to two years from the date of the victim’s death.
Miami Motorcycle Accident Lawyer Offering Free Consultations
The sheer trauma of experiencing a motorcycle crash and the injuries that result is understatedly overwhelming. It is easy for someone who is trying to heal physically and emotionally to let insurance paperwork, medical bills, and the opportunity to file a lawsuit slip through the cracks. Hiring an experienced Miami motorcycle accident and injury attorney is a vital step in receiving compensation for both physical and emotional injuries.
If you or a loved one have experienced severe injuries from a motorcycle collision, call an experienced personal injury attorney today. The Law Offices of Prosper Shaked handles cases like yours not only with tenacity and drive, but also with compassion and sensitivity. Your success is the firm’s success, and the ultimate goal is to get you back on your feet again. For a free and confidential consultation, call Prosper Shaked at (305) 690-0244.