The pleasant weather and frequent sunshine in Miami, Florida create the perfect environment for motorcycle enthusiasts. People ride their motorcycles more often in Florida than in any other state in the country. Unfortunately, when there are more motorcycle riders on the road, the chances of accidents are pretty high.
As per the National Highway Safety Administration, Miami-Dade County had the highest reported number of motorcycle accidents in 2019, resulting in 298 fatalities and leaving many more riders with severe injuries.
If you have been in a motorcycle accident, you may be entitled to recover compensation for any injuries or damages you suffered. You’ll need an experienced Miami motorcycle accident lawyer by your side to make sure you get the justice you deserve. Contact the team at Kaire & Heffernan to learn how we can help you.
Are you wondering why the Miami area has such a high number of motorcycle accidents? Well, there are quite a few reasons why Miami reports numerous road accidents involving motorcycles every year.
If you or a loved one has been in a motorcycle accident in Miami, Doral, Kendall, Hialeah, or any of the nearby communities, this article is for you. We have compiled some common causes of motorcycle accidents, common injuries motorcycle riders suffer, how to seek compensation for any damages, and more valuable information.
8 Common Causes of Motorcycle Accidents in Florida
The most common reason why motorcycle crashes happen is that motorcyclists (riders) and car drivers fail to make the right judgment in a situation. Moreover, poor road conditions, speeding, and improper lane changing also cause many accidents in the city.
Here are some top reasons for motorcycle accident cases in Miami.
One of the most common factors that cause motorcycle accidents in Miami, Florida, is speeding. Going extremely fast means not being able to stop or swerve to avoid hitting something, having less time to react to a situation, and causing a greater impact when crashing. This is true for all vehicles on the road.
When a motorcycle is cruising at a high speed, the rider has less control. When a car driver is driving too fast, they cause greater damage.
Motorcycle accidents caused due to over-speeding can lead to severe and, in some cases, life-threatening injuries.
Did a speeding motorcycle hit you while you were walking across the road? Were you hit by a speeding car while riding your motorcycle? Hire the best motorcycle accident attorneys with Kaire & Heffernan law firm, and get the fair compensation you deserve.
Drunk Driving or Riding a Motorcycle Under the Influence
Alcohol is a factor in about 29% of the accidents involving motorcycles and resulting in fatality. The consumption of other dangerous substances also contributes to numerous motorcycle crashes each year.
Intoxicated drivers have extremely slow reaction times, poor or blurry vision, no awareness of speed or surroundings, and other debilitating issues.
Whether a motorcycle rider is hit by another driver who is under the influence of intoxicating substances or the rider themself has consumed substances, the crash could cause major injury or fatality.
Lane splitting – riding a motorcycle on the line between cars on a multilane road or highway – is illegal in 49 states, including Florida. Therefore, riding motorcycles between cars is illegal in Miami and all other cities.
Cars driving at faster speeds can mean the driver does not see the motorcycle splitting the lane and gets too close to them or hits them when changing lanes.
Other causes of motorcycle accidents due to dangerous lane changes include not giving turn signals and not checking the rear-view mirrors and blindspots properly.
There are several factors behind distracted driving that can cause a motorcycle accident, like texting while driving or talking to a passenger. Injuries caused by a distracted driving crash can vary from minor to fatal, depending on the speed of the car and motorcycle and the severity of the collision.
Motorcycle riders not properly watching for pedestrians and bicycle riders can also cause accidents.
Did a speeding car hit you on your motorcycle and injure you badly? Do you want to make a claim and get compensation for the medical bills, loss of wages, emotional anguish, or other injuries you have suffered? Our Miami motorcycle accident attorneys are here to help. Contact Kaire & Heffernan to discuss your case and file a lawsuit against the driver or other parties potentially liable for the crash.
Safe Roads USA says Miami, FL has some of the worst traffic in the nation. The roads remain jam-packed from sunrise to sundown. Motorcycle riders, however, try to make their way through the traffic, and turn corners at too high a speed.
There are many sharp turns in the towns and cities of Southern Florida. Taking these turns at higher speeds frequently causes accidents because the riders spin or slide through the curve.
Major accidents can happen with vehicles coming from the opposite direction of the turn.
Poor Road Surface Conditions
Unlike cars, bikers often lose control when riding on roads in poor condition caused by potholes, gravel, oil spills, improper lighting, and more. The severity of a crash depends on factors like speed and the rider’s ability to control the motorcycle. However, injuries can be severe, and an accident can even lead to fatality.
Did you or any other rider you know meet with an accident due to poor road conditions? It would be smart to discuss the case with a Miami motorcycle accident attorney. The dedicated lawyers at Kaire & Heffernan can help determine if the government or other entity is responsible for the poor road conditions. However, natural calamities can also be the reason for a damaged road that causes accidents. Our attorneys will evaluate your case from every angle to help you take steps in the right direction. You might be able to claim medical bills and fair compensation.
Failure to be Seen
One major cause of motorcycle accidents in Miami is failure to be seen. Sometimes, other motorists fail to see the motorcycles or aren’t aware of the presence of motorcycles around their vehicles. This alone causes more than 50% of motorcycle accidents.
Additional Factors Leading to Motorcycle Accidents in Miami include:
Many motorcyclists often meet with accidents caused by their own inattentiveness. Failure to spot a car or not knowing the blind spots of a turn can make the rider vulnerable.
Lack of Training
A majority of motorcyclists involved in any type of crash lack formal motorcycle training. Inexperienced motorcyclists that don’t complete all necessary training courses lack the ability to control their vehicles at high speeds and on bad roads. They don’t know instinctively how to react to an unexpected bump in the road or how to course correct after hitting a slippery patch. They might not even know all the rules of the road that keep them and others safe.
Hazards on the Roadway
Apart from a lot of vehicles, you’ll find debris, potholes, puddles, and even rough pavements on the motorways of Miami. Not maintaining a safe speed and keeping an eye on the road for such dangers can lead to serious accidents injuring motorcyclists, pedestrians, and other drivers.
Lack of Information about the Laws
The beaches of Miami make it a fantastic tourist destination and bring in hundreds of thousands of visitors every year. Tourists who rent cars, motorcycles, and scooters often don’t know much about the laws and cause chaos on the roads, which will eventually lead to an accident.
It’s not just the tourists, however. Plenty of residents don’t know the rules of the road and make dangerous maneuvers that cause motorcycle accidents.
Common Injuries Incurred in a Motorcycle Accident
A motorcycle rider is entirely exposed. The lack of protection means the chances of fatal injuries are high. Moreover, most motorcyclists don’t even wear proper riding gear, increasing the risk of fatalities and life-threatening injuries.
We evaluated the data to learn the frequent types of injuries motorcyclists suffer due to accidents and compiled a list for your information:
Arm and Leg Injuries
The most common injuries motorcyclists suffer from are arm and leg injuries. These injuries often occur when the rider tries to protect themselves when tossed off the vehicle. Common leg and arm injuries include sprains, torn ligaments and muscles, and fractures.
Arm and leg injuries may or may not require surgeries, rehabilitation, and physiotherapy, depending on the severity and details of the case. Severe accidents can lead to amputation or the limbs losing their natural functioning permanently, leaving the rider with disabilities.
Have you suffered any injuries due to a motorcycle accident caused by someone else’s negligence? Our attorneys can help you pursue a motorcycle accident claim and recover compensation from the other party. Call us today at 305-376-7860 for a free consultation with a Miami motorcycle accident lawyer.
Neck and Head Injuries
Under Florida law, riders over 21 years of age with insurance that has at least $10,000 in medical benefits may choose not to wear a helmet. However, individuals under 21 must wear proper headgear when riding a two-wheeler. All motorcyclists must wear protective eyewear.
In worst-case scenarios, the head and neck injuries incurred from motorcycle accidents can have serious consequences like concussions, traumatic brain injuries, and fatalities.
Motorcyclists have little to no protection so the chances of injuries are high. Plus, the traditional riding gear does not protect most body organs and the rider may end up with multiple fractures on their limbs and torso if they meet with an accident.
Fractures can result from hitting the ground or colliding with another vehicle or road structure like barriers and railings.
Fractures can take weeks or even months to heal properly and you may have to take time off of work. If you have experienced a loss of wages and have overwhelming medical bills, you can claim compensation with the help of an attorney.
At Kaire & Heffernan, our experienced Miami motorcycle accident lawyers know everything about motorcycle accident laws and court proceedings. We can help you get a settlement from the liable party or their insurance company. Reach out to discuss your case with us.
Spinal Cord and Back Injuries
Other severe injuries that most motorcyclists and people involved in motorcycle crashes suffer are back and spinal cord injuries. Often, these injuries are life-changing because of the potential for loss of motor skills and paralysis.
Loss of employment and anticipated future medical expenses can be factors when awarding settlements in such cases.
Some other injuries caused by motorcycle accidents include:
- Degloving injury
- Chest injury
- Internal bleeding
- Organ damage
Damages Available to Motorcycle Accident Victims in Miami
Being involved in a motorcycle accident can be overwhelming while the medical bills from a physical injury can be costly including extensive treatment and extended nursing care or physical therapy. The time it takes to heal might even mean lost wages as well. And permanent damage could mean a loss of future employment and income. On top of all of that, the victim might also have to pay for repairs to their vehicle or motorcycle.
Here are some damages available to victims of motorcycle accidents in Miami:
- Medical expenses
- Nursing care
- Lost wages
- Property damages
- Emotional trauma
- Pain and suffering
- Reduced earning capacity
- And more
You will need guidance from an expert attorney to get these damages. A Miami motorcycle accident lawyer can help prove that you suffered from injuries due to the other party’s negligence and that you deserve compensation for any damages you suffered.
Were You in a Motorcycle Crash? Here’s What to Do Next
Many motorcycle accident victims don’t know what to do in their situation. Here are the steps you should take immediately after an accident. Depending on the severity of the accident, you may have to delay some steps.
Seek Medical Attention
The first thing you should do is get medical assistance. Even if you are not severely injured in the accident, you should get medical treatment at the scene, at the hospital, or from your primary care doctor soon after the incident. Delaying treatment can have severe consequences and may increase the risk of fatality.
Make sure to gather all diagnosis and treatment records, as you can present them as evidence when asking for claims. Also, keep copies of bills and other expenses related to the treatment, such as the ambulance charges.
Report the Accident to the Authorities
The involved parties are required to report the accident immediately to the authorities; leaving the scene of an accident without informing any uniformed department can have legal consequences under Florida law.
Get a copy of the accident reports and any citations, as it will help the attorneys understand the situation better and can be evidence used to support your case.
Take Photographs and Document Everything
If you are not too injured and able to take photographs of the scene, try to take as many photos as you can. The pictures should show the positions of the vehicles, the conditions of the road, the signage in the area, any property damage to the vehicles, and the injuries you suffered.
You should also talk to any potential witnesses and collect their names and contact information. Accounts from direct witnesses will strengthen your case.
Hire an Experienced Motorcycle Accident Attorney
Hiring an attorney is one of the most important steps. You need a lawyer that understands the complexities and consequences of motorcycle accidents and can help you settle the case in your favor. An attorney will assist you in gathering evidence, filing a claim, building a case, negotiating a settlement, arguing in court, and getting fair compensation.
Contact Kaire & Heffernan if you’ve suffered any type of damage due to a motorcycle accident in Miami or the surrounding area. Have your case evaluated for free!
Statute of Limitations for Miami Motorcycle Accidents
It is crucial to act quickly after you’ve been involved in a motorcycle accident in Miami. Unfortunately, severe injuries may not leave victims in a state to report or record their statements in a timely manner.
Florida law requires you to file a lawsuit within four years from the accident date to be eligible for compensation.
Any lawsuit or charge for a claim filed after four years will be dismissed based on the expiration of the statute of limitations.
You can make sure that the claim is filed on time by contacting a professional attorney seasoned in motorcycle accidents in South Florida.
How Can a Motorcycle Accident Attorney Help You with Your Motorcycle Crash Claim
Appointing an experienced attorney is imperative for handling your motorcycle accident claims for many reasons. It’s critical to develop the right legal approach in order to get the compensation you deserve. Here are some ways how a lawyer helps in representing motorcycle accident victims in Miami.
Identifying the Potential or Direct Parties Liable for Your Damages
Not every motorcycle crash that happens in Miami is caused by reckless driving or negligence of the other driver. Sometimes accidents happen due to bad road conditions and other hazards.
An experienced attorney will help you find the direct and potential parties liable for your damages. For example, suppose a victim meets with an accident due to improper lighting on the road. In that case, the lawyer will help identify the agency or company responsible for maintaining and operating the street lights to help them get compensation.
Helping You with Filing the Insurance Claim
Filing an insurance claim is complicated, even in a no-fault state like Florida. The victim is required to make the policy claims, personal injury protection (PIP) claims, and then claims that involve the third party’s insurance.
However, no-fault does not apply to motorcycles and other two-wheelers so the process is slightly different from filing an insurance claim for a car accident.
Negotiating a Settlement in Your Favor
The attorneys working for the insurance company probably negotiate hundreds of settlements every week. They are there to negotiate for the insurance company’s benefit and not in your favor. You need a dedicated and experienced attorney who can fight for your rights.
Your attorney will be responsible for getting a reasonable settlement that compensates for the damages you suffered from the motorcycle accident. They are your advocate and they’ll do their best to get the fair compensation and other benefits you deserve.
Filing and Litigating a Lawsuit
If things don’t go well in the negotiation phase, you can file a personal injury lawsuit against the liable parties and their insurance company with the help of an attorney. Our motorcycle accident lawyers in Miami will present your case in the best manner and fight to get you fair compensation.
Kaire & Heffernan: Experienced Motorcycle Accident Lawyer, Miami, FL
If you or a loved one has been injured in a motorcycle accident, speak to a proven Miami motorcycle accident lawyer today.
Accidents involving motorcycles can be catastrophic, resulting in serious injuries to the rider and costly property damage. Most people are not financially prepared to manage these types of expenses and often suffer huge financial losses as a result.
When you sustain motorcycle accident injuries, you should focus on seeking medical attention as soon as possible to ensure proper diagnosis and treatment. It is best to let a professional deal with the insurance companies and other drivers involved in the crash.
The personal injury law firm of Kaire & Heffernan understands that you may face overwhelming challenges when dealing with the aftermath of a motorcycle accident. Our attorneys are well-versed with the complexities involved in such cases and can help you with everything from negotiating a settlement with the insurance company to filing a lawsuit and litigating your case in court.
We’re prepared to fight for the compensation you need to recover medical bills, lost wages, pain and suffering, and more.