Motorcycle accident
Motorcycle Accident Attorneys in Hialeah, Florida
The firms in this guide
- Gerson & Schwartz, P.A. Call Gerson & Schwartz, P.A.: (305) 371-6000
- Shiner Law Group Call Shiner Law Group: (561) 777-7700
- Wolfson & Leon Call Wolfson & Leon: (305) 285-7071
- Morales & Cerino, P.A. Call Morales & Cerino, P.A.: (305) 340-2630
- Law Offices of Joseph I. Lipsky Call Law Offices of Joseph I. Lipsky: (305) 821-7333
1. Gerson & Schwartz, P.A.
Practice Focus: Motorcycle accidents, personal injury, wrongful death, catastrophic injuries, vehicle accidents
Case Types Handled: Motorcycle vs. car collisions, motorcycle vs. truck accidents, left-turn crashes, intersection accidents, drunk driver collisions, hit-and-run cases, distracted driver accidents
Legal Services: Free case evaluation, accident investigation, evidence preservation, insurance negotiation, personal injury litigation, trial representation, medical expense recovery, lost wage claims
Background: Gerson & Schwartz was founded in 1970 and has served Miami-Dade County injury victims for over 50 years. The firm has experience with motorcycle accident litigation and trial representation throughout South Florida.
Location: Miami, FL (serves Hialeah and Miami-Dade County)
Contact: (305) 371-6000 | https://www.injuryattorneyfla.com
Consultation: Free consultation, contingency fee (no fee unless recovery)
2. Shiner Law Group
Practice Focus: Motorcycle accidents, personal injury, wrongful death, catastrophic injuries, insurance disputes
Case Types Handled: Motorcycle collisions, left-turn accidents, intersection crashes, highway motorcycle accidents, drunk driver accidents, uninsured motorist claims, underinsured motorist claims
Legal Services: Case investigation, police report analysis, witness interviews, insurance claim negotiation, settlement representation, trial litigation, damages recovery
Background: Shiner Law Group has years of experience handling motorcycle accident cases in South Florida. The firm understands Hialeah’s roadways and common accident locations, including Interstate 75 and State Road 826.
Location: South Florida (serves Hialeah area)
Contact: (561) 777-7700 | https://shinerlawgroup.com
Consultation: Free consultation, contingency fee arrangement
3. Wolfson & Leon
Practice Focus: Motorcycle accidents, personal injury, wrongful death, catastrophic injuries, vehicle accidents
Case Types Handled: Motorcycle vs. car accidents, motorcycle vs. truck collisions, intersection crashes, highway accidents, drunk driver accidents, hit-and-run cases
Legal Services: Comprehensive case evaluation, accident investigation, insurance negotiation, personal injury litigation, trial representation
Background: Wolfson & Leon has represented injury victims in the Miami area since the 1960s. Managing Attorney Jonah Wolfson is a bilingual personal injury lawyer and former City Commissioner for the City of Miami Beach. The firm serves Hialeah and throughout South Florida.
Location: Miami, FL (serves Hialeah)
Contact: (305) 285-7071 | https://wolfsonlawfirm.com
Consultation: Free consultation available
4. Morales & Cerino, P.A.
Practice Focus: Motorcycle accidents, personal injury, wrongful death, catastrophic injuries, insurance claims
Case Types Handled: Motorcycle collisions, left-turn accidents, lane change crashes, intersection accidents, highway motorcycle accidents, drunk driver collisions
Legal Services: Free case evaluation, accident investigation, insurance claim handling, settlement negotiation, trial representation, damages recovery
Background: Morales & Cerino serves motorcycle accident victims in Hialeah and throughout South Florida. The firm understands the challenges faced by injured motorcyclists and works to maximize compensation for injuries and losses.
Location: Hialeah, FL
Contact: (305) 340-2630 | https://www.mcpalegal.com
Consultation: Free consultation, contingency fee (no fee unless recovery)
5. Law Offices of Joseph I. Lipsky
Practice Focus: Motorcycle accidents, personal injury, wrongful death, vehicle accidents, insurance disputes
Case Types Handled: Motorcycle vs. car accidents, motorcycle vs. truck collisions, intersection crashes, highway accidents, drunk driver accidents, aggressive driving accidents
Legal Services: Case investigation, evidence collection, insurance negotiation, settlement representation, trial litigation, damages recovery
Background: The Law Offices of Joseph I. Lipsky serves motorcycle accident victims in Hialeah and Miami-Dade County. The firm handles personal injury cases from initial consultation through trial.
Location: Hialeah, FL
Contact: (305) 821-7333 | https://www.lipskylaw.com
Consultation: Free consultation, contingency fee basis
Helmet Exceptions, Scene Duties and Public Entity Claims for Hialeah Motorcycle Crashes
A Hialeah motorcycle crash claim can turn on which helmet exception applied, what the other driver did at the scene, and, when a city or county vehicle or road was involved, Florida’s sovereign immunity rules and their separate deadlines.
Who the Helmet Rule Covers
Florida Statutes 316.211(1) requires motorcycle operators and riders to wear protective headgear meeting Federal Motorcycle Vehicle Safety Standard 218. Under (3)(a), the section does not apply to persons riding within an enclosed cab, or to a person 16 or older on a motorcycle with an engine of 50 cubic centimeters or less or rated at no more than 2 brake horsepower, and incapable of more than 30 miles per hour on level ground. Under (3)(b), a person over 21 covered by at least $10,000 in motorcycle crash medical benefits may ride without headgear. Because Florida’s no-fault statutes define a motor vehicle as one with four or more wheels (627.732(3)), a motorcycle sits outside the PIP security requirement; check what medical coverage the rider’s own policy carries.
What the Other Driver Must Do
Florida Statutes 316.062(1) requires a driver in a crash resulting in injury, death, or damage to a vehicle or other property that is driven or attended to give name, address and registration number, to exhibit a driver’s license on request, and to render reasonable assistance to an injured person, including transporting or arranging transport for medical treatment.
Claims Against the City or County
Under Florida Statutes 768.28(5)(a), the state and its agencies and subdivisions are liable as a private person would be, but not for punitive damages or prejudgment interest, and not beyond $200,000 per person or $300,000 per incident unless the Legislature acts further. Under 768.28(6)(a), the claim is presented in writing to the agency within 3 years after accrual, and under (14), suit is due within 4 years after accrual.
Uninsured Motorist Coverage
Florida Statutes 627.727(1) requires uninsured motorist coverage in a motor vehicle liability policy providing bodily injury coverage, unless the named insured rejects it in writing on behalf of all insureds.
Hialeah Motorcycle Accident Questions
Can I recover if I was partly at fault?
Yes, unless your share is greater than 50 percent. Under Florida Statutes 768.81, fault reduces damages proportionately. For example, imagine $100,000 in damages and 40 percent of the fault on the rider: the recovery would be $60,000.
How long do I have to sue the other driver?
Two years under Florida Statutes 95.11(5)(a) for an action founded on negligence.
Does the helmet exception for adults apply to passengers?
Yes, under the same conditions. Florida Statutes 316.211(3)(b) applies to a person over 21 who operates or rides upon a motorcycle and is covered by at least $10,000 in motorcycle crash medical benefits.