There are people who look forward to driving their motorcycle in the summer sun all year long. For people who live in Miami, they can drive their bikes all year long. They love to take advantage of this. Being out on the open road can be awesome. That is, until you get into a Miami motorcycle accident. When this happens, you need to call a motorcycle accident lawyer in Miami.
Motorcycle accidents are very dangerous. The victims have nothing to protect them but a plastic helmet. They can be thrown from the bike and tossed several feet down the road. They end up with burns and lacerations. Some even end up with broken necks and traumatic brain injuries.
Some people think that all motorcycle drivers are reckless. Drivers complain that motorcycle riders drive way too fast and weave in and out of traffic. This is true for some riders. However, most do try to be careful. They deserve the same care and caution as any other driver.
If you get in a motorcycle accident, you need a motorcycle accident lawyer in Miami.
- 1 There is a Bias Against Motorcycle Riders
- 2 How Does Your Florida Motorcycle Accident Lawyer Prove Your Case?
- 3 Why Do You Need a Police Report After Your Motorcycle Accident?
- 4 What Kind of Injuries are Caused by Motorcycle Accidents?
- 5 What Kind of Damages Will Your Attorney Demand?
- 6 Call a Florida Motorcycle Accident Lawyer Today to Schedule Your Free Initial Consultation
There is a Bias Against Motorcycle Riders
Most people have a certain bias against motorcycle riders. We see them weaving in and out of traffic. Nothing can be more infuriating than when a motorcycle rides down the shoulder of the road to avoid bumper to bumper traffic.
But the truth is. Most motorcycle drivers aren’t reckless. They’re just as safe as other drivers. They just prefer to ride on a bike. This doesn’t make them targets for accidents.
The issue is, car drivers have a hard time seeing motorcycles on the road. They’re smaller and seem to come out of nowhere. This makes it even more important that drivers pay more attention to the road in front of them and behind them.
Miami highway patrol officers experience more than their share of motorcycle crashes. Sadly, usually by the time the police get there, the damage has already been done. Motorcycle riders suffer very serious injuries. Some don’t survive the impact.
It has gotten to the point where law enforcement agencies all over Florida are using special public service announcement to promote motorcycle safety. We’re constantly reminded to keep an eye out for bikers. This is because they are at a disadvantage.
How Does Your Florida Motorcycle Accident Lawyer Prove Your Case?
Getting into a motorcycle accident doesn’t automatically entitle you to damages. You have to actually suffer an injury in order to recover. You also need to prove that the other driver was at fault.
Most motorcycle accidents involve negligence. Negligence means that the other driver breached their duty of care.
In order to prove negligence and get you the compensation you deserve, your attorney must show:
- The other driver owed you a certain duty of care
- They breached this duty
- This breach caused the accident
- You were injured as a result
The first element is not hard to prove. Car drivers owe motorcycle riders just as much a duty of care as everyone else. They must follow all traffic rules and be mindful of other motorists.
Proving your injuries is also easy. That is, as long as you get medical treatment right away. If not, the defendant will claim that some other accident caused your injuries.
The hard part is proving that the other driver breached his duty of care. Miami motorcycle accident attorneys use on the following to prove fault:
- Testimony from witnesses who saw the accident
- Sworn affidavits from you about how the accident happened
- All recordings from possible cameras including the other driver’s dash cam
- Abstracts of the other driver’s accident and driving records
- Testimony from experts who will recreate the accident using pictures and the accident report
This sounds easy to do. However, it’s not. You don’t want to try to handle this yourself. Let an experienced attorney do what he’s trained to do. He knows how to deal with insurance adjusters. He also knows the law. Let him use his experience to get you the compensation you deserve.
Why Do You Need a Police Report After Your Motorcycle Accident?
The first thing you need to do after your motorcycle accident is to get medical treatment immediately. You have to make sure you’re okay. You also need to get medical documentation of your injuries. If you wait too long to go to the hospital, the defendant will claim you were hurt some other way.
The second thing you need to do is call the police. Even if the other driver asks you not to, you have to call the police. In fact, if he asks you not to call the police, it’s all the more reason why you should.
If the other driver asks you not to call the police, he has a reason for it. Some of these reasons include:
- He doesn’t have a valid driver’s license
- The car is stolen
- He doesn’t have insurance
- He has warrants out against him
- He is in the middle of some sort of criminal activity
- He was speeding or breaking a traffic law at the time of the accident
- He’s drunk or under the influence of drugs at the time
It’s the police’s job to make sure they investigate this. This is why you need to call the to the accident scene.
Your Miami motorcycle accident attorney is going to need the police report. It has important information that your personal injury lawyer in Miami is going to need to prove your case.
Some of the valuable information listed in the police report includes:
- Name, license and insurance information for both drivers
- Name and contact information for witnesses
- Statements made by both drivers
- Witness statements
- Pictures of the scene, road conditions and the vehicles
- Whether either driver was under the influence of alcohol or drugs at the time of the accident
- Information regarding any citations issued as a result of the accident
You don’t want to make your lawyer’s job any harder than it already is. By calling the police, you ensure that he’ll have the information necessary to prove your case.
What Kind of Injuries are Caused by Motorcycle Accidents?
Motorcycle accidents are dangerous. There’s no way to get around it. You’re essentially at the mercy of the other driver. You could be thrown from your bike into oncoming traffic. You could end up getting hit by a truck while you’re waiting to come to. There’s nothing to protect you. It’s not like being in a car.
When your motorcycle is hit by a car, the impact is severe.
Some of the most common types of injuries caused by motorcycle accident include:
- Traumatic Brain Injuries- This type of brain injury occurs when you suffer a severe blow to the head. A traumatic brain injury (TBI) is often life threatening. It will change your life forever. You could end up totally paralyzed and unable to work ever again. Some of the symptoms of a TBI include:
- Memory loss
- Vision loss
- Hearing damage
- Permanent disability
TBI often require surgery. You will probably need physical and occupational therapy as well. This means you’ll be in the hospital for weeks or months.
- Back injuries – Back injuries are common with motorcycle accidents. You can imagine what happens when you get ejected off your bike. You may get smashed onto the side of the road. You could get run over by another vehicle. This causes serious back injuries. Back injuries usually require surgery and long-term physical therapy.
- Neck injuries – Whiplash is a very common injury. You can suffer whiplash in a motorcycle accident. Although, chances are, you’ll suffer an even more serious neck injury. You could even break your neck. This can causes partial or total paralysis. It really depends on where the break occurs. You could also suffer muscle and tendon tears. They can do the necessary tests at the hospital to see if you’ve suffered any neck injuries.
- Burns – Burn injuries are more common with a motorcycle accident than other types of accidents. If your body is thrown from the bike, you may end up with road burn all over your body. Or, your bike may catch on fire upon impact. If this is the case, you could end up with second or third-degree burns. These burns will probably affect all exposed parts of your body. Even if you’re wearing protective clothing, there will be parts of your body uncovered.
Even if your injuries seem minor, you may still have a valid claim for compensation. Call and meet with a Miami motorcycle accident lawyer so he can review your case. He’ll work hard to settle your case. And, if this isn’t possible, he’ll fight in court to get you the compensation you deserve.
What Kind of Damages Will Your Attorney Demand?
Of course, when you meet with your lawyer you’ll want to know what your case might be worth. You can’t afford to pay all of your medical bills yourself. And, you may be out o work for a while. Somebody needs to be held liable for these lost wages.
Motorcycle accident claims usually involve the following types of damages:
- Medical Bills – You’re entitled to current and future medical bills. You may need long-term care. You could require multiple surgeries and physical therapy. You will need to be compensated for these bills.
- Lost Wages – If you miss weeks or even months from work, the defendant should have to compensate you. Your attorney will produce proof of how much you have lost. He can produce timesheets and tax returns to prove your lost wages.
- Property damage – Odds are, your motorcycle is probably ruined. You’ll be compensated for the repairs you had to make. If your bike was ruined, you can demand that you be reimbursed for a new motorcycle.
- Pain and Suffering – These are the intangible damages that compensate you for your emotional and physical anguish.
If you prevail in your claim, the defendant’s insurance company should have to pay your claim. But this doesn’t mean it will. They tend to deny large claims because they’d rather settle for a lesser amount. Your Miami motorcycle accident attorney knows this. He has experience dealing with the insurance companies. He knows how to talk to the adjusters to try to negotiate the best deal possible for his clients.
Your lawyer will do what he has to do to settle your case. He won’t accept less than what is fair. He’ll also make sure you approve any settlement you negotiate. He’s not going to want to go to trial. They’re expensive and time consuming. You also face the risk that you could lose in court. If that happens, you get nothing.
Call a Florida Motorcycle Accident Lawyer Today to Schedule Your Free Initial Consultation
If you get hurt in a motorcycle accident, you need a attorney. Motorcycle accident victims suffer pretty serious injuries. You may be out of work for a while. The last thing you want to do is deal with the insurance company and lawyers.
Your attorney will go to battle with the insurance company on your behalf. He’ll do his best to settle your claim.
Call and schedule your free initial consultation today. You can sit down with an experienced truck accident attorney and discuss your case. He’ll answer any questions you may have. He’ll also give you an idea of what your case may be worth.
The consultation is absolutely free and you pay nothing until you win your case. The defendant will have attorneys working for him and you should too.
Contact a Florida motorcycle accident lawyer today to set up your initial consultation.