MOTORCYCLE ACCIDENT LAWYER

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Mausner Graham Motorcycle Accident Law Firm in Miami, Florida

If you have been involved in a motorcycle accident in Miami, Florida, you need to partner with an experienced, reputable motorcycle accident lawyer to represent your case. Whether you were the driver of the motorcycle, driver of another vehicle or whether you were a pedestrian, our firm can help you to prove instances of negligence that could have caused the incident.

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Why Do I Need a Motorcycle Accident Lawyer?

Motorcycle accidents are often very serious and can lead to devastating injuries and even loss of life, and due to the seriousness of these accidents, you should not rely on your own devices to get the compensation you are entitled to. Personal injury cases such as motorcycle accidents are often complicated, which means that without the proper legal representation, you will not get the compensation you deserve.

Our team of lawyers for motorcycle accidents has extensive experience in handling personal injury cases. We can help you to get your life back on track after one of these traumatic accidents with a settlement that can help you to provide for loss of income, medical bills, and the pain and suffering endured, both during and after such an accident.

With Mausner Graham Injury Law PLLC, you’re in good hands. All aspects of your case will be handled with professionalism and care and you will be guided through the process by your legal representative until it is resolved. With your ability to earn, wellbeing and quality of life at risk, you need to get the motorcycle accident lawyers on your side who will fight for fair treatment and just compensation.

We have helped many clients to get their cases heard without unnecessary delay by using our resources to determine the cause of the accident as well as liability to get a fair outcome in each case.

Uber Accident Lawyer

Advice From a Motorcycle Accident Lawyer on What to Do After an Accident

Immediately after an accident, you need to take the following steps:

  • Call 911,

  • File a police report,

  • Take photographs of the vehicles involved,

  • Take photographs of the scene, traffic devices, skid marks and any other relevant information you can document,

  • While at the scene, you need to record names and numbers of witnesses,

  • Exchange information with the other driver, and

  • Seek medical treatment (even if you may not think that you sustained injuries).

It is important to not admit fault. Also, contact a trusted attorney right away. Do not give a statement to the insurance companies before you have spoken to your attorney. Also, avoid discussing the case with anyone unless your attorney advises you to do so.

Rights and Responsibilities of Motorcyclists in Florida

Motorcyclists have the same rights and responsibilities as other road users per Florida Statute 316.208. They are, however, not allowed to operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. Lane sharing is allowed according to Florida Statute 316.209 (4), but only two motorcycles can ride next to each other in a single lane. Police officers and firefighters performing official duties are exempt from these rules.

In Florida, you must have a driver license with a motorcycle endorsement or a motorcycle-only license to operate a motorcycle with an engine over 50 cc.

Prove Negligence in a Motorcycle Accident

How Florida Law May Impact a Motorcycle Injury Case

Motorcycle accident injuries are personal injury cases and rely on Florida’s negligence laws and other rules of civil litigation. The success of a claim and its potential compensation, generally depends on the facts of the case and how the law applies to them. Some Florida laws that might have an impact include:

  • The rule of pure comparative negligence

  • Statute of limitations

  • Damages.

Mausner Graham Injury Law PLLC is an experienced law firm for personal injury and accident cases. Our tenacious and experienced legal counsel can battle insurance companies and corporations on your behalf. If you have been injured in a motorcycle accident, we will go above and beyond to recover the maximum compensation you deserve.    

How Do I Prove Negligence in a Motorcycle Accident

The definition of negligence in Florida is failing to exercise the degree of reasonable care expected of someone to minimize the risk of harm to another person. To prove negligence in a motorcycle accident, you must prove four elements:

  • The defendant owed the plaintiff a duty of care.

  • The defendant breached the duty of care by acting negligently.

  • The breach of duty led to the plaintiff’s injuries.

  • The plaintiff’s injuries are compensable, meaning the plaintiff must prove their damages.

As Florida is a pure comparative negligence state, you will have to prove that you were not at fault to get all the damages you are owed. Mausner Graham Injury Law PLLC can help you determine the cause of the accident, prove negligence, and get just compensation.

Rights and Responsibilities - Motorcycle Accident Lawyer

Leading Reasons for Motorcycle Accidents

Motorcycle accidents happen very quickly, and there are many reasons for them. A review of the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) crash reports indicates that alcohol misuse is a leading reason for accidents. Whether this is alcohol misuse by motorcycle riders, vehicle drivers, or pedestrians. Other reasons for motorcycle accidents are:

  • speeding

  • inexperienced motorcycle riders

  • inexperienced vehicle drivers

  • tailgating

  • weaving through traffic.

Causes of Motorcycle Accidents in Miami

The causes of motorcycle accidents in Miami, or anywhere else in the State of Florida, are often the same things that cause vehicle accidents. Determining the cause of motorcycle accidents is a defining factor in personal injury cases. It also governs the compensation granted when the rule of comparative negligence is considered. Causes of motorcycle accidents could include:

Distracted drivers. Motorcycles are smaller than the average vehicle or truck and thus difficult to see. A distracted driver might change lanes or turn in front of a motorcycle simply because they did not see it. Other causes for distracted driving are texting, speaking on the phone, driving drunk, speeding, or ignoring roadway rules.   

Roadway conditions. State and local governments must maintain roadways, as even minor roadway hazards can be dangerous to motorcycles. It could include loose gravel, potholes, unsafe construction sites, or roadside maintenance debris.   

Motorcycle Accidents in Miami

Common Injuries Resulting from a Motorcycle Accident

Injuries resulting from motorcycle accidents are often more severe than those due to vehicle accidents. Motorcycle riders are more vulnerable, and if a motorcyclist chooses not to wear a helmet, the risks of traumatic head injuries are greater. Some of the common injuries resulting from motorcycle accidents include:

  • Broken bones

  • Loss of limbs

  • Skull fractures

  • Traumatic brain injuries (TBI)

  • Internal injuries

  • Scarring and disfigurement.

What Types of Damages are Available in a Motorcycle Accident Lawsuit

The types of damages available in a motorcycle accident lawsuit depend on the facts of the case and might be economic or non-economic. An attorney such as Mausner Graham Injury Law will help you understand the facts, and what compensation might be relevant.

Economic damages include:

  • Loss of income or wages

  • Loss of future earnings

  • Compensation for medical costs

  • Property damage

Non-economic damages include:

  • Pain and suffering

  • Emotional distress.

  • Disfigurement

  • Damage to reputation

FAQ’s for Motorcycle Accident Cases

There are questions about motorcycle accident cases commonly asked. As Mausner Graham Injury Law, we provide trustworthy answers to these frequently asked questions, and we aim to give you peace of mind. 

Mausner Graham Injury Law, as a team of accident lawyers, has extensive experience in the management of personal injury cases. Motorcycle accidents may lead to traumatic injuries or loss of life. Personal injury cases can be complicated, and suitable legal representation could help you navigate the system and get the compensation you are entitled to.     

The compensation received will assist you with the payment of medical bills, provide for a loss of income, or cover property damage. A motorcycle accident lawyer can negotiate on your behalf with insurance companies. At Mausner Graham Injury Law PLLC, your case cost is advanced. No recovery, no fees.

In Florida, the statute of limitations for negligence claims is four years, as per section 95.11 of Florida law. The injured party must formally file a lawsuit against the negligent party within that period. 

Most importantly, the four-year statute of limitations starts on the day of the accident, and the courts might deny a claim, if it is not filed in a timely matter. If you have been in a motorcycle accident, contact Mausner Graham Injury Law as soon as safely possible after the accident.

Determining who is liable for a traffic accident is not always straightforward, as the fault for the accident sometimes lies with several parties. And one of those parties can be the injured party. The State of Florida follows the rule of pure comparative negligence because multiple at-fault parties are a reality. “Comparative negligence” means that an injured party’s compensation is reduced in proportion to their percentage responsibility for the accident.     

Proof in a comparative negligence case could include eyewitness accounts, accident reconstruction, medical records, medical expert testimony, photographs from the accident site and surveillance video footage.

If you are injured in a motorcycle accident while not wearing a helmet, you could recover compensation from the other driver. It applies to the motorbike operator and passenger.  

If you are over the age of 21 years and choose not to wear a helmet, you are protected by law. However, if you are 21 years of age and under, the law requires you to wear a motorcycle helmet, and recovering compensation might become problematic.

The Florida Motorcycle Helmet Law, Florida Statute §316.211, regulates the wearing of helmets when riding a motorcycle in Florida. It states that no person may operate or ride upon a motorcycle unless they wear protective headgear securely fastened on their head. The headgear must comply with Federal Motorcycle Vehicle Safety Standard 218.  

However, the law equally states that a person over 21 years of age may operate or ride upon a motorcycle without wearing securely fastened protective headgear, on the following conditions:

  • An insurance policy covers the person.
  • The insurance policy must provide at least $10,000 medical benefits for injuries incurred during a crash, while operating or riding a motorcycle. 

All persons 21 years of age and under must wear protective headgear, securely fastened on their head, when operating or riding on a motorcycle. The law also requires that a person operating a motorcycle wear an eye-protective device over their eyes. This device must be of a type approved by the United States Department of Transportation. Violation of the above is a noncriminal traffic infraction. 

If you have been involved in a motorcycle (or any automobile) accident, you should contact our motorcycle accident attorneys immediately at 305-344-HURT (4878) for a free consultation. Our consultations come at no cost to you and there are no legal fees payable unless we recover for you. Our motorcycle accident lawyers are always available to consult with you.

We Aggressively Represent The Rights Of The Wrongfully Injured

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