MIAMI MOTORCYCLE ACCIDENT LAWYER
From distracted drivers to road hazards, motorcyclists on Miami roadways face the risk of crashes that can lead to serious injuries such as broken bones, internal organ damage, and brain or spinal trauma. If you have been injured on your ride, an experienced Miami motorcycle accident lawyer from Payer Law can help you seek the compensation you deserve. Call (305) 363-7099 to schedule a free consultation and learn more.
Reviewed by: James D. Payer
KEY TAKEAWAYS
- Motorcyclists in Miami have 2 years from the date of the accident to file a personal injury lawsuit under Florida law.
- Motorcyclists are not covered by Florida’s no-fault PIP insurance, making it essential to pursue compensation through a personal injury claim.
- We are proud to have served accident victims, including motorcyclists, in Miami-Dade for over 30 years
- We've recovered hundreds of thousands in settlements for Miami accident victims
- Our staff is multilingual offering services to victims of motorcycle accidents in Spanish and English
- There are no up-front costs to speak with our Miami motorcycle accident lawyers
Table of Contents
- What Makes Miami Motorcycle Crashes So Dangerous?
- How Common Are Motorcycle Crashes in Miami-Dade County?
- Causes of Motorcycle Accidents in Miami
- What To Do After a Motorcycle Accident in Miami
- Common Injuries in Miami Motorcycle Accidents
- Coverage Limitations and Insurance Gaps for Miami Motorcyclists
- Damages in Miami Motorcycle Accident Cases
- How Do You Prove a Driver Was Negligent and Caused Your Motorcycle Accident?
- Can You Still Seek Compensation If You Weren’t Wearing a Helmet?
- Why Choose James D. Payer as Your Miami Motorcycle Accident Lawyer?
- How We Handle Miami Motorcycle Accident Cases at Payer Law
- How long do you have to file a motorcycle accident lawsuit in Miami?
- Schedule a Free Miami Motorcycle Accident Case Evaluation
- Miami Motorcycle Accident FAQs
What Makes Miami Motorcycle Crashes So Dangerous?
There are multiple reasons why Miami is so dangerous, from gridlock on I-95 to confused tourists and distracted ride-share drivers. These factors combine to pose a serious hazard to riders.
Unfortunately, because bikers have little protection between themselves and the pavement, accidents often lead to severe injuries. These include broken bones, burns, neck and back injuries, and traumatic brain injury, or TBI. Many of these injuries can have life-changing consequences.
How Common Are Motorcycle Crashes in Miami-Dade County?
According to Florida Highway Safety and Motor Vehicles, Miami-Dade County recorded 1,397 motorcycle crashes and 65 motorcycle fatalities in 2024 alone. That’s more accidents per 1,000 residents than either Broward or Hillsborough counties, Florida’s second- and third-most populous.
Causes of Motorcycle Accidents in Miami
Common causes of motorcycle accidents in Miami include the following:
Distracted driving
It only takes a moment for a distracted driver to collide with a motorcycle, potentially injuring the rider severely.
Speeding
High speeds reduce a driver’s or rider’s reaction time, making crashes more likely and increasing the risk of serious injury or fatality.
Lane splitting
Some motorcyclists illegally ride between lanes of traffic, increasing the risk of collision.
Left-turn collisions
A driver who doesn’t look carefully may collide with a motorcycle while turning across traffic.
Road conditions
Potholes, cracks, and other road hazards are more dangerous to motorcycles, which are less stable than cars or trucks.
Mechanical failure
Poor-quality parts or maintenance can fail during operation, putting everyone on the road at risk.
What To Do After a Motorcycle Accident in Miami
Motorcycle accidents are confusing and upsetting, especially when you have significant injuries. You may ask, “What should I do after a motorcycle accident in Miami?” Follow these steps to protect your well-being and legal interests after your crash:
- Seek medical attention: Recovery is the most important thing after an accident. See a doctor as soon as possible, even if you believe your injuries are minor. Some injuries may not show immediate symptoms, and you’ll need timely medical records as evidence if you file a claim later.
- File a police report: Contact the police while still on the scene. An officer will arrive and document the incident, including witness reports and a description of road conditions. If you file a claim or lawsuit, you can use this report to show what happened.
- Collect evidence: You want to have as much documentation as possible in case you need to prove you were not at fault. Take photos at the scene and record witness statements. Keep all paperwork you receive, especially anything related to medical expenses or property damage.
Contact an attorney: Even if you’re unsure whether to file a lawsuit after an accident, expert legal advice is essential. Payer Law offers free, no-obligation consultations to help you learn more about your options.
Common Injuries in Miami Motorcycle Accidents
Motorcyclists have very little protection from the impact of a crash. Thus, they often suffer more severe injuries than those in other types of motor vehicle accidents. What are common motorcycle accident injuries in Miami? The following are some of the injuries we frequently see:
Broken bones: Fractures are common in motorcycle crashes, especially to the arms, legs, ribs, and collarbone. Some breaks are complex and require surgery, metal implants, or long-term rehab.
Traumatic brain injuries (TBIs): Head injuries are among the most dangerous outcomes of a motorcycle accident. Even with a helmet, riders can suffer concussions or more severe brain trauma that results in lasting cognitive, physical, or emotional impairments.
Spinal cord injuries: These injuries may result in partial or full paralysis, depending on the severity and location of the damage. Even less severe spinal trauma can cause chronic pain, reduced mobility, and a permanent change in lifestyle.
Road rash: When a rider slides across the pavement, the friction can tear through clothing and skin. Road rash isn’t just painful—it also carries a high risk of infection and permanent scarring.
Internal injuries: The impact of a motorcycle crash can cause life-threatening internal bleeding or organ damage. These injuries may not be immediately visible but require urgent medical attention.
Coverage Limitations and Insurance Gaps for Miami Motorcyclists
Florida insurance procedures can put riders at a disadvantage. Drivers are subject to the state’s no-fault insurance procedures, meaning they typically turn to their insurance first in the event of an accident. Every driver must have personal injury protection, or PIP, which covers injury costs regardless of who caused the crash.
PIP protection only applies to vehicles with four or more wheels. Motorcycle insurance doesn’t include it, so injured riders have to turn to other options. If you have motorcycle insurance, check whether your policy includes medical payments coverage, also known as med pay.
Other options include:
- Bodily injury liability coverage, if the at-fault driver has it
- Uninsured or uninsured motorist coverage, if the driver lacks sufficient coverage
- Your health insurance
An insurer may push back against your claim. Insurers have a reputation for submitting lowball offers or blaming “biker culture,” which they assume means riding dangerously. The safest bet is to let an attorney field calls from insurance adjusters or representatives, who may try to use your words against you.
Damages in Miami Motorcycle Accident Cases
If you have the option to file an insurance claim, you may recover out-of-pocket costs related to your accident. Depending on the type of coverage available, claim payouts may compensate you for:
- Medical bills: Past and future injury costs, including diagnosis, treatment, surgeries, hospital stays, and rehabilitation
- Lost wages: Income from work you missed while recovering, plus any anticipated effects on your ability to earn in the future
- Property damage: Bike repairs and other accident-related loss of belongings, such as equipment repair or replacement
If you are eligible to file a lawsuit against an at-fault driver, your total compensation may also include non-economic damages. These include less tangible losses such as:
- Pain and suffering: Injury-related emotional and physical distress, such as anxiety
- Loss of enjoyment of life: The accident’s effects on your daily well-being
If you lost a loved one in a motorcycle accident, you may also qualify for wrongful death damages. These may include end-of-life expenses, funeral costs, and lost family income.
Is Your Payout Reduced if You Share Some Fault?
In Florida, you can file a claim for damages if you are less than 51 percent at fault for an accident. If you qualify and recover compensation, the court will reduce your award by the percentage of fault attributed to you.
How Do You Prove a Driver Was Negligent and Caused Your Motorcycle Accident?
Negligence occurs when someone fails to uphold their legal duty to act with reasonable care. To prove negligence, you must establish four key elements:
- The other person had a duty to keep you safe.
- They did something to violate that duty.
- That action caused your accident.
- The accident directly led to your injuries.
Everyone who operates a vehicle is responsible for doing so safely. If you file a claim against another driver, you have to prove the other three elements. To do so, you need convincing evidence.
For example, suppose a car made an illegal turn and hit you head-on, throwing you from your motorcycle. A recorded phone conversation with a witness can help prove that the driver disregarded a “no turn on red” sign. Your photos of skid marks at the scene can show that the turn led to the collision.
To prove the accident as the cause of your losses, you’ll also need medical records and documentation of expenses. It also helps to keep a recovery journal or pain log, which provides more information about your injuries.
Can You Still Seek Compensation If You Weren’t Wearing a Helmet?
Failing to wear a helmet does not automatically bar Miami motorcyclists from pursuing damages. However, not wearing a helmet may impact your compensation, depending on the type of injury.
Under Florida law, motorcycle riders are exempt from mandatory helmet use if they are over 21 and have a minimum of $10,000 in insurance coverage.
For example, suppose you sustained a head injury while riding without a helmet. That lack of protection may have contributed to your injury, and insurance companies will usually point to that fact in an attempt to reduce your payment. A lawyer can help you protect your rights.
Common Insurer Defenses When No Helmet Was Worn
Insurers can be quick to point to a lack of a helmet as a contributing factor after an accident. They claim that you’d be fine if you’d worn a helmet, and that you assumed the risk when you got on the bike.
While that may be partially true in some cases, you didn’t give up your right to compensation, especially if you have injuries unrelated to the head or neck. In those cases, helmet use is almost certainly irrelevant.
Why Choose James D. Payer as Your Miami Motorcycle Accident Lawyer?
When you need a Miami motorcycle accident attorney, it’s important to find a professional who understands what you’re going through. Our team brings hands-on experience arguing motorcycle cases and understands how to stand up to insurers that blame the biker.
We negotiate relentlessly on your behalf but are not afraid to go to trial if necessary. Unlike firms that only want a quick settlement, we focus on courtroom readiness from day one.
Most importantly, we put the people of Miami first. We have bilingual staff in English and Spanish to reach more of our neighbors, and our contingency fee system makes our services more accessible. Our policy is “no win, no fee.”
Record Results for Accident Victims
Our attorneys have secured $100 million in settlements and verdicts for injured clients. Notable case results include:
- $27.56 million for a client who sustained a severe TBI in a high-speed traffic accident
- $2.15 million for a crash victim whose TBI required multiple surgeries and weeks of hospitalization
- $675,000 for a client with a fractured spine, broken nose, wrist fractures, and a collapsed lung
How We Handle Miami Motorcycle Accident Cases at Payer Law
Drawing on 30 years of experience, our family-owned firm uses every tool at our disposal to fight for you.
Investigation and Evidence
We use every available avenue to demonstrate liability, build your case, and argue for maximum compensation. We work with crash scene and accident reconstruction experts to piece together available evidence, such as police reports and witness testimony.
We also leverage our resources and court system savvy to source evidence others can’t access. For example, if the other driver’s cell phone activity might be relevant to the crash, we can subpoena phone records and other related data.
Negotiation and Trial Prep
The motorcycle accident attorneys in our Miami office are dedicated to securing fair compensation for accident victims. We take an aggressive approach to settlement talks and will push back against insurers’ attempts to minimize your claim.
If going to trial is the best option, we prepare relentlessly. We have a roster of expert witnesses in various disciplines to build the strongest possible case on your behalf. We even run mock trials, so you know exactly what to expect when your court date arrives.
Client-First Service
When you work with our attorneys, you are part of the family. We care about you as a person and treat every client as a valued member of our team.
As a client, you’ll get direct cell access to the attorney responsible for your case. You can expect regular case updates and personalized service throughout the entire process.
For more on what to expect from our team, explore our client testimonials.
How long do you have to file a motorcycle accident lawsuit in Miami?
After being involved in a motorcycle accident in Miami victims typically have 2 years from the date of the accident to file a lawsuit as set by Florida’s personal injury statute of limitations. Don’t miss your chance to file. Reach out to our team today to see how the statute of limitations effects you or your loved ones motorcycle accident case.
Schedule a Free Miami Motorcycle Accident Case Evaluation
If you’re dealing with a crash-related injury, you need an experienced Miami motorcycle accident lawyer as your advocate. The experts at Payer Law are here to welcome you into our practice family, offering tireless advocacy to get you the justice you deserve.
It pays to call Payer. Call (305) 363-7099 or contact us online to schedule your free consultation. We’re available 24/7, so don’t wait—call now.
Miami Motorcycle Accident FAQs
Can I Sue if My Loved One Died in a Motorcycle Crash?
If you believe someone else was at fault for your loved one’s accident, you may be eligible to file a wrongful death claim. Speak with a Miami wrongful death lawyer about your options.
How Long Does a Typical Motorcycle Accident Claim Take?
Every case is different. How long it takes to receive a settlement check depends on the complexity of your case, the severity of your injuries, and the willingness of the insurance company to settle fairly. Complex motorcycle accident lawsuits in Miami can take many months to resolve, but many straightforward cases settle much more quickly.
What if the At-Fault Driver in Your Motorcycle Accident Is Uninsured?
If you have motorcycle insurance, you may qualify for compensation through your uninsured or underinsured motorist coverage. If you don’t have that type of coverage, options include using your health insurance and suing the driver directly.
Can I Sue Over a Defective Bike Part?
If a poor-quality or malfunctioning bike part contributed to your accident, you may have a case against the manufacturer or mechanic who installed it.
Do Motorcycle Passengers Have Different Rights?
Like operators, passengers in motorcycle and car accidents have the right to compensation. Consult with an attorney about your options, which may include filing a lawsuit against the at-fault driver or a claim against their insurance.
12000 Biscayne Blvd STE 503
Miami, FL 33181
(305) 363-7099
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