Miami-Dade County Bike Injury Attorneys Gerson & Schwartz, P.A. Home
South Miami Motorcycle Accident Lawyer
If you were injured or your loved one was killed in a motorcycle crash in South Miami, you should speak with a motorcycle accident lawyer in South Miami as soon as possible. At Gerson & Schwartz P.A., we know how popular motorcycles are in the area. Miami-Dade County enjoys warm, sunny weather so often that riders often have the opportunity to hit the open road. We know many individuals who commute to and from work on motorcycles and who go for long rides on holidays and weekends. If you or your loved one choose to ride motorcycles in Florida, you should be able to do so safely. Unfortunately, many vehicle drivers are inconsiderate and careless when it comes to sharing the road.
Cars, trucks, vans, and SUVs often put riders in danger and cause crashes. After being hurt or losing a loved one in such a situation, you should contact a South Miami motorcycle accident lawyer at our firm to discuss your legal options, including pursuing compensation through a personal injury or wrongful death claim. To talk with one of our attorneys at Gerson & Schwartz P.A., you can contact our Miami-Dade County office at (305) 371-6000.
Motorcycle Laws in FloridaFlorida has numerous laws regarding motorcycles, including the necessary equipment required on a motorcycle, when a motorcycle may carry a passenger, licensing, and safety equipment. To begin with, if you or a relative wish to operate a motorcycle, you must obtain a Motorcycle Only license or a Motorcycle Endorsement on their driver’s license. To do this, you must take and pass a Basic Rider Course through the Florida Rider Training Program. If you wish to use a three-wheel motorcycle, you must complete the Sidecar/Trike Evaluation Program. If you pass, then you will receive an “S” restriction on your license, which indicates you may only operate a three-wheeled motorcycle.
Another important Florida motorcycle law is in regard to helmets. They are not always required. If you are 21 years old and have an insurance policy that covers at least $10,000 in medical benefits, then you do not have to wear a helmet. If you are 20 years old or younger, you must wear a helmet. If you lack a proper insurance policy, you must wear a helmet at any age.
Whether or not you or your loved one were abiding by all Florida motorcycle laws at the time of the accident may be important. If the other person claims you or your relative were also negligent, this could affect your claim for compensation. If you expect to be fully or partially blamed for the accident, or you know you were violating a Florida law, call one of our South Miami motorcycle accident attorneys right away.
Finding Out Who Is At-Fault and Liable for the Motorcycle AccidentOne of the reasons it is important to hire an experienced attorney following a motorcycle accident is to have a professional conduct an in-depth review of what happened. At Gerson & Schwartz P.A., we will gather a variety of evidence to determine what caused your accident. Some of the most common causes of motorcycle crashes include:
- Excessive speed
- Following too closely
- Failure to yield the right of way
- Failure to keep in proper lane
- Improper passing
- Improper left and right turns
- Improper changing lanes
- Improper backing up
- Running a stop sign or red light
- Intoxicated driving
- Distracted driving
- Fatigued driving
The second, important step one of our motorcycle accident lawyers in South Miami will take is to determine liability. We will find out what happened and who was directly at fault. However, that driver may not be the party liable for compensating you. The most common example of this is when you or a loved one are in an accident that was caused by an employee who was working at the time. When an employee who is on duty causes a crash, their employer may be liable for their actions.
Pursuing Compensation Through a Personal Injury or Wrongful Death ClaimIf you were injured in a motorcycle accident and the crash was another person’s fault, then you may seek full and fair compensation through a personal injury claim. In many situations, pursuing your claim requires filing a personal injury lawsuit in your local court. However, very few personal injury cases go to trial. Your attorney will negotiate with the other driver’s insurer, if they have one, in order to obtain you an appropriate settlement. At Gerson & Schwartz P.A., we will fight for you to obtain compensation that covers your:
- Medical costs
- Lost income
- Property damage
- Pain and suffering
- Emotional distress
- Disfigurement
- Disability
If your loved one was killed in a motorcycle accident, then your family should speak with one of our motorcycle accident attorneys in South Miami regarding a wrongful death claim. Under Florida law, the personal representative of your loved one’s estate may file a wrongful death lawsuit on behalf of you and your relative’s other surviving family members. The personal representative can pursue compensation for:
- Medical costs
- Funeral and burial expenses
- Loss of decedent’s income
- Loss of decedent’s benefits, like health insurance
- Loss of decedent’s parental training and guidance
- Loss of decedent’s society and companionship
- Surviving family member’s grief and suffering
Following a motorcycle accident in which you suffer injuries, or your parent, spouse, or child was killed, the best thing you can do for yourself is to speak with an experienced motorcycle attorney. At Gerson & Schwartz P.A., we understand how difficult this situation is for you. You and your family are trying to pull together and move forward in life. We want to pursue the compensation that will help you do that. Give us a call at (877) 475-2905 to schedule a free consultation.
