While an investigation is necessary to conclude who is responsible for your motorcycle accident injuries in Miami, the most common liable party is the driver of a traditional car or truck. However, the liable party could also be a motorcycle or vehicle parts manufacturer, a municipality, or another person or entity.
A Miami motorcycle accident lawyer from our personal injury law firm can investigate the accident and collect evidence to identify the party responsible for your injuries so you can recover compensation for your damages.
Who Are The Possible Responsible Parties For Your Miami Motorcycle Accident Injuries?
One or more parties could be responsible for your injuries after a motorcycle accident in Miami, making an investigation necessary to identify exactly who is at fault. Possible at-fault parties include:
- Another driver: If the driver of another vehicle is at fault for the accident, they may bear responsibility for your injuries. Negligent drivers of traditional cars and trucks are often liable for motorcycle accidents when they disobey traffic laws or fail to check their blind spots for motorcyclists when changing lanes.
- A motorcycle or vehicle parts manufacturer: If the motorcycle or a specific vehicle part is defective and causes an accident, you may be able to hold the manufacturer liable.
- A government entity: Municipalities are generally responsible for maintaining roads and lighting. Poor road conditions could cause an accident, making the municipality responsible for your injuries.
- The motorcycle driver: A motorcyclist could be responsible for your injuries if they were negligent and caused a crash with your vehicle.
- A pedestrian or bicyclist: These parties have rules to follow just like vehicle drivers, and they may cause accidents if they fail to abide by those rules.
- An employer: A negligent driver’s employer, such as a trucking company, could be responsible for your injuries via the legal principle of vicarious liability.
How Can You Determine Who Is Responsible For Your Motorcycle Accident Injuries In Miami?
An accident’s cause can seem straightforward, but determining who is liable for your injuries and damages can be complex. You should contact law enforcement as soon as possible after the accident so a police officer can investigate and determine the cause of the crash. This is just one of the steps you should take after a motorcycle accident in Miami.
By examining the evidence, a Miami personal injury lawyer can also determine who is at fault for the accident. Types of evidence your motorcycle accident attorney may examine include:
- Police report: Law enforcement can provide a copy of their accident report, which generally includes their assessment of the accident, names of the involved drivers, witness statements, and other details.
- Medical records: You should seek immediate medical care after an accident. Your doctor can treat your injuries and document them in your records.
- Witness statements: Witness memory can fade over time, but obtaining statements quickly can yield crucial details about the accident.
- Expert opinions: Accident reconstruction professionals can investigate the accident and help identify the liable party.
- Traffic camera footage: Video footage of an accident can tell investigators what happened before, during, and after an accident.
- Photographs: If possible, take photographs of the accident scene before authorities remove the vehicles and clean up debris.
What If You Are Responsible For A Motorcycle Accident?
Even if your actions caused or contributed to a motor vehicle accident involving a motorcycle, you may still have options to recover compensation for damages, depending on your unique situation.
Personal Injury Protection Coverage for Four-Wheeled Vehicles
If you were driving a vehicle with four wheels that collided with a motorcycle, your Personal Injury Protection (PIP) insurance should cover up to 80 percent of your medical expenses up to $10,000, regardless of who was at fault for the crash. PIP coverage is mandatory for all drivers of four-wheeled vehicles in Florida, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
Health Insurance
PIP insurance is not available for motorcyclists, but they may be able to file a claim with their health insurance company to help pay for medical treatment if they caused the crash.
Florida’s Modified Comparative Negligence Law
Per Florida Statutes § 768.81, you may be able to recover compensation even if you were partially at fault for a crash. As long as you are 50% or less at fault for your injuries, you may still qualify for a financial reward. However, your compensation will be reduced by your percentage of fault.
Your personal injury attorney can work to reduce your percentage of fault so you can receive compensation for your damages.
Can Not Wearing A Helmet Impact Your Motorcycle Accident Claim?
According to the FLHSMV, motorcycle riders over age 21 can legally choose not to wear a helmet in Florida, as long as they have at least $10,000 in medical insurance coverage. However, making this choice could impact your personal injury claim because the other party could argue that you are at least partially responsible for your injuries, especially if you suffer a traumatic brain injury (TBI) or other head injury.
We urge all motorcycle riders to wear appropriate protective gear. A helmet can prevent catastrophic injuries and save your life.
What Types Of Damages Can You Claim After A Miami Motorcycle Accident?
If someone else caused the crash, you can generally claim the following types of damages after a motorcycle accident in Miami:
- Economic damages: Medical bills, lost income, home modifications, household services, transportation, child care, and property repairs
- Non-economic damages: Pain and suffering, emotional distress, mental anguish, disfigurement, disability, and loss of enjoyment of life
If you lost a loved one, a Miami wrongful death lawyer can help you seek justice and the following wrongful death damages:
- Funeral expenses
- Lost income
- Medical bills
- Mental pain and suffering
Don’t wait to act after suffering severe injuries and other losses in a motorcycle accident. You generally only have two years to file a personal injury or wrongful death lawsuit in Miami-Dade County, per Florida Statutes § 95.11.
Learn More About Who Is Responsible For Your Motorcycle Accident Injuries In Miami Today
Multiple parties could be responsible for your motorcycle accident injuries in Miami. Investigating the accident and examining the evidence can identify who is responsible for your injuries and allow you to seek compensation from the at-fault party. A Miami motorcycle accident lawyer from the Law Offices of Anidjar & Levine can help you. We will fight for a fair settlement to cover your losses.
We will be there for you when you need us and would consider it a privilege to represent you and your best interests. To learn more about who is responsible for your injuries after a motorcycle accident in Miami, please contact us for a free consultation today.
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