Motorcycle Accident Attorneys Getting Real Justice for Clients in Miami & All of Southeast Florida
Motorcycle accidents are often very serious. Riders can suffer life-altering injuries in a crash. In the most tragic cases, they may lose their life, devastating everyone who loved them. Unfortunately, many motorcycle crashes are caused by other drivers’ inattention or carelessness. If you or a loved one has been hurt in this way, a Miami motorcycle accident lawyer can help you seek full and fair compensation for your losses.
Bernheim Kelley Injury Lawyers has extensive experience representing riders in and around Miami-Dade. We get our clients Real Results and hold defendants and insurance companies accountable. Our attorneys are tough negotiators and skilled, trial-tested litigators. This means you have Real Advocacy in settlement negotiations and at trial.
Unlike other auto accident claims, Florida’s PIP law generally doesn’t cover motorcyclists. Instead, you typically have to pursue a negligence claim against the at-fault driver in order to secure compensation. Having a motorcycle accident attorney on your side helps to protect your rights and seek Real Justice in your case.
Ready to explore your legal rights and options after a motorcycle crash? Call 305-617-1111 or contact us online for a FREE consultation with a Miami motorcycle accident lawyer. Bernheim Kelley Injury Lawyers serves clients in Miami-Dade County and nearby areas of Florida.
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Why Choose Us?
When you’re facing one of the toughest moments of your life, you need more than just a lawyer—you need a trusted ally who will stand with you and fight for your rights.
What To Do After a Motorcycle Accident in Miami
Traffic on Miami’s busy streets and highways can be unpredictable. Frequent influxes of tourists and out-of-town drivers only add to the chaos. Motorcyclists are especially at risk, as their bikes lack the protection a motor vehicle provides.
If you are involved in a motorcycle crash in Miami, you are likely to feel disoriented and in pain. Knowing what to do next is critical for staying safe and preserving your legal rights. Here is what you should do if and when you can:
- Check for Injuries: The first step you should take is to evaluate yourself for injuries. If you or anyone else is hurt, call 911 immediately.
- Get to Safety: From U.S. Route 1 to Biscayne Boulevard, roadways in Miami are often crowded. Getting yourself and your bike out of the way of traffic is imperative.
- Seek Medical Attention: First, take care of yourself. If you’re already at the hospital, focus on healing. If not, go to the nearest ER or visit a medical provider as soon as possible. We can help with the next steps if you aren’t able.
- Report the Accident to Police: The police need to be called to any crash resulting in injury or death. Depending on the location of the accident, the Miami Police Department, Miami-Dade Sheriff’s Office, or Florida Highway Patrol should arrive on the scene.
- Exchange Information with Other Drivers: Get each driver’s name, contact information, and insurance information. These details are essential for making a motorcycle accident claim.
- Document the Crash Site: Take photos of your bike and any other vehicle(s) involved, as well as the road. Vehicle damage, skid marks, and debris can all provide evidence of who is at fault.
- Collect Witness Information: Testimony from pedestrians and other drivers can further support your claim. Be sure to get their contact information, as some witnesses may not live in the Miami area.
- Don’t Admit Fault: Whether you’re talking to the other driver or a police officer, never say anything to suggest that you may have caused the accident. Admissions of fault can make it very difficult to recover full compensation.
- Follow All Medical Instructions: Following a motorcycle accident, you may need surgery, physical therapy, and additional rehabilitation. It is critical to follow medical professionals’ recommendations for your recovery and your claim.
- Contact a Motorcycle Accident Lawyer in Miami: Consulting a local attorney is the best way to find out if you have a claim against a careless driver and any other defendants. They can collect evidence, prepare a strong claim, and pursue full and fair compensation for your injuries and damages.
Taking the right steps after a crash can make an enormous difference in the success of your claim. Bernheim Kelley Injury Lawyers can help you navigate Florida’s legal system. Our attorneys know Miami-Dade, have an in-depth understanding of motorcycle accident claims, and know what it takes to win.
What NOT To Do After a Motorcycle Accident
Mistakes in the minutes, hours, and days after a motorcycle accident can come back to haunt you. Your injuries may worsen, you may have difficulty recovering compensation, and there may even be legal consequences for the following missteps:
- DON’T leave the scene: Leaving the scene of an accident is illegal in Florida. Don’t leave until you’ve exchanged information with any and all parties involved and given a statement to law enforcement.
- DON’T delay medical care: Waiting to get medical treatment can make injuries worse and give insurance companies a reason for denying your claim.
- DON’T admit fault for the accident: Even a simple “I’m sorry” may leave you with no legal recourse. Be cautious when speaking to the other driver, the police officer, and even onlookers.
- DON’T forget to report the crash: If the police weren’t called to the scene, you will need to report the accident as soon as possible. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) has an online reporting option.
- DON’T speak with insurance adjusters on your own: The other driver’s insurance company may try to contact you soon after the accident. It is very important not to provide a statement or answer their questions; they want to devalue your claim, not help you.
- DON’T accept a quick settlement: Sometimes, insurers will offer you a quick settlement that’s far less than your case is really worth. You can’t try to get more money after you settle, so you should speak with a trusted attorney before agreeing to any offer.
The good news is that you don’t have to face the aftermath of the crash on your own. Our motorcycle accident injury attorneys can provide you with the guidance and support you need. We can take the lead in preparing your case and communicating with the insurance companies on your behalf while you focus on healing.
Do I Need a Miami Motorcycle Accident Lawyer To Get Real Justice?
Having an attorney for motorcycle accidents handle your case is in your best interest. At Bernheim Kelley Injury Lawyers, we seek Real Results. That means going the extra mile to advocate for our clients.
Some attorneys have spent little to no time in the courtroom. That’s not us. Our motorcycle crash attorneys are distinguished by trial experience. We have the kind of wins and recognition that make insurance adjusters think twice before throwing out lowball settlement offers. If we need to take your case to court to get Real Justice, then that’s what we’ll do.
For many injured riders, the road to recovery is a difficult one. Not only are you struggling with a new normal, but the insurance company is probably trying to avoid paying out on your claim. Our dedication to Real Advocacy is essential for helping motorcyclists and their families overcome these challenges.
Who’s Liable for My Injuries?
Determining liability is one of the most important parts of bringing a claim. With no access to PIP coverage for motorcycle wrecks, you will need to show that one or more parties are legally responsible for your injuries.
Potential defendants in your motorcycle accident claim include:
- Other Drivers: Drivers may be held liable for colliding with your motorcycle or erratic behavior that causes you to crash (a “near-miss” accident).
- Trucking Companies & Commercial Vehicle Operators: An employer may be liable for an employee’s actions while behind the wheel if they were in the course of their job.
- Government Entities: A government agency may be held liable for accidents caused by dangerous roads, improper signage, and other hazards.
- Motorcycle makers and parts manufacturers: Defective components are a serious risk to motorcyclists. We work with experts to inspect the bike and identify potential defects.
Fault for a motorcycle accident isn’t always obvious. We examine all of the evidence and strive to hold any and all defendants accountable.
Who Is At Fault in Most Motorcycle Accidents?
It is a common misconception that motorcyclists are usually responsible for collisions with cars and other vehicles. The landmark Motorcycle Accident Cause Factors study found that car and truck drivers are at fault in approximately two-thirds of all crashes with motorcycles.
Subsequent research has supported this conclusion. Unfortunately, many drivers fail to exercise the necessary care when sharing the road with motorcycles. Failure to yield, distracted driving, and speeding can all lead to crashes for which the driver may be at fault.
What If I’m Partially At Fault?
As of March 24, 2023, Florida follows a modified comparative negligence system. This means that compensable damages from an accident are reduced if you are found to be partly at fault. If your share of fault exceeds 50%, you cannot make a claim. Under this rule, if your damages total $100,000, and the evidence shows that you are 10% responsible, you would still be entitled to $90,000 in compensation.
However, it’s important to remember that you have rights. No matter what you are told or what you suspect, you need to consult knowledgeable legal representation to get a better idea of your share of liability. Schedule a FREE case evaluation with our team to find out if you have a viable claim and what your options for justice are.
– you are in good hands!
Types of Compensation After a Miami Motorcycle Crash
Your motorcycle personal injury lawyer should strive to maximize your financial recovery. This means accounting for every dollar in economic losses, as well as the pain and inconveniences you encounter as a result of your injuries.
Among other factors, the types of compensation available to you will depend on how seriously you are hurt and the impact on your life. We may be able to go after the following damages:
- Current & future medical expenses
- Lost wages
- Diminished earning capacity
- Cost of household services
- Pain & suffering
- Disability
- Scarring & disfigurement
- Emotional anguish
- Loss of enjoyment of life
- Punitive damages (in rare cases)
Bernheim Kelley Injury Lawyers also helps families in the aftermath of fatal motorcycle accidents. Real Justice may mean filing a wrongful death claim. Though it can never make up for the loss of someone you love, a settlement or monetary award could help offset funeral and burial expenses and make up for lost income. It might also provide a measure of solace knowing some amount of justice was obtained on their behalf.
Common Motorcycle Accident Injuries
With perfect weather and scenic views, Miami may seem ideal for motorcyclists. Unfortunately, these favorable conditions also mean congested roads and drivers who are often unfamiliar with the area. This creates serious risks for riders.
Motorcycles provide virtually no protection in the event of a crash. Even the proper safety equipment (such as a helmet, visor/goggles, heavy jacket, gloves, boots, etc.) might not be enough to prevent serious injury. Some of the most common injuries sustained in motorcycle accidents include:
- Concussions & traumatic brain injuries (TBIs)
- Facial injuries
- Eye injuries & loss of vision
- Whiplash & neck injuries
- Back & spinal cord injuries
- Road rash
- Broken bones
- Internal bleeding & organ damage
- Joint & soft tissue damage
- Burn injuries
- Loss of limbs & amputations
Bernheim Kelley Injury Lawyers is a highly respected personal injury law firm. We are known in Miami and throughout Florida for our emphasis on catastrophic injury claims. These are complex cases requiring knowledge, experience, and dedication to recover the full compensation you deserve.
Motorcyclists are more likely than most road users to suffer catastrophic injuries. We can provide you with Real Advocacy. That means listening to your story, tailoring an approach that takes into account your needs and goals, and remaining available and communicative throughout the entire process.
What Is the Most Common Injury in a Motorcycle Wreck?
Head injuries are typically identified as the most common injury in motorcycle crashes. A 2024 study in the journal Injury found that riders who don’t wear a helmet are more than twice as likely to suffer head trauma compared to helmeted riders.
In Florida, riders who are 21 or older and meet certain insurance requirements qualify for an exemption from the state’s motorcycle helmet law. All motorcyclists who qualify for this exemption should carefully consider the risks before riding without a helmet.
Helmets protect so many riders from sustaining fatal injuries. They also protect your claim. Insurance companies could argue that you are partially liable for your injuries if you fail to wear a helmet and are injured in a crash. Protect your future.
Common Causes of Motorcycle Crashes in Miami
Determining the cause of a motorcycle accident requires experience and understanding. We often bring in expert witnesses to help us establish the sequence of events that led to the crash and ensure that all defendants are clearly identified.
Our motorcycle crash attorneys in Miami have seen a multitude of factors lead to accidents, including:
- Errors in judgment, such as turning left in front of an oncoming motorcycle
- Texting while driving
- Rear-ending a motorcycle due to inattention or improper lane changes
- Driving too fast for conditions
- Failure to check blind spots
- Over-correcting to avoid a pothole, road hazard, or crash, thereby forcing the motorcyclist to take evasive action
- Tailgating, lane weaving, and other forms of aggressive driving
- Driving under the influence of drugs and/or alcohol
It is important to note that not all accidents are attributable to the negligence of the other driver. We examine additional factors such as hazards on the road, the condition of your bike, and more to determine the role additional defendants may have played.
How Long Do I Have to File a Motorcycle Accident Lawsuit in Florida?
Florida has instituted a 2-year statute of limitations for legal actions founded on negligence. If you were injured or a loved one was killed in a motorcycle accident, you only have 2 years to make a claim.
Two years is not a lot of time to build a strong case and pursue justice for what you and your family have endured. Our Miami motorcycle accident attorneys will get to work immediately to gather evidence and, if needed, file a lawsuit before time runs out.
How Bernheim Kelley Injury Lawyers Can Help You
A motorcycle accident can leave you seriously injured and facing significant financial hardship. Returning to the life you had before may be difficult or even impossible. The last thing you need right now is the added challenge of pursuing a legal claim. For that, we recommend hiring a Miami motorcycle accident attorney.
Bernheim Kelley Injury Lawyers is a full-service law firm that is well-versed in the difficulties motorcyclists and their families encounter after an accident. Our attorneys can help you with each aspect of the claim process. This includes:
- Investigating the crash & gathering evidence of negligence
- Coordinating medical care & transportation when needed
- Calculating all damages you are due
- Filing claims in accordance with legal deadlines
- Negotiating a fair settlement with the insurance companies
- Representing you at trial, if necessary
- Providing clear updates & guidance so you can make informed decisions
- Serving you in your preferred language (English & Spanish)
- Building a personalized strategy around your goals and concerns
At Bernheim Kelley Injury Lawyers, Real Justice is our north star. It means looking beyond a dollar amount to hold negligent parties accountable, restore dignity, and secure the resources that help you and your family heal, find closure, and move forward with hope and confidence.
Real Advocacy. Real Experience. Real Results. Take the First Step Now.
From I-95 and the Dolphin Expressway to the streets of South Beach and Wynwood, Miami has no shortage of attractions for motorcyclists. Sadly, a split-second error on the part of another driver can bring the perfect ride to a crashing halt.
Motorcyclists are much more likely to be seriously injured or even killed in collisions. Qualified legal counsel is essential for pursuing Real Justice. Our motorcycle wreck attorneys provide the representation you need at this trying time and fight for the results you deserve.
Contact Our Miami Motorcycle Accident Attorneys Today for a FREE Consultation
Bernheim Kelley Injury Lawyers is dedicated to championing the rights of injured motorcyclists and their families. We serve clients in Miami Beach, Coral Gables, Hialeah, and other communities throughout Miami-Dade County.
Call 305-617-1111 or complete our convenient online form to speak with a Miami motorcycle accident lawyer. Your initial consultation is FREE, and you only pay fees if we get you a settlement or win your case at trial. Reach out. We’re here.