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
Motorcycle Accident Laws and Regulations in Florida
Statute of Limitations: Florida has a two-year statute of limitations for personal injury claims arising from motorcycle accidents (Florida Statutes Section 95.11). This was reduced from four years by 2023 tort reform legislation. Wrongful death claims also have a two-year deadline. Missing these deadlines will bar your claim.
Comparative Negligence: Florida now follows a modified comparative negligence system (as of 2023 tort reform). You can recover damages only if you are 50% or less at fault for the accident. If you are 51% or more at fault, you cannot recover any compensation. Your damages are reduced by your percentage of fault.
No-Fault Insurance and Motorcycles: Florida is a no-fault state, but personal injury protection (PIP) insurance does not apply to motorcycle accidents. Motorcyclists must rely on their own medical payments coverage or pursue claims against at-fault drivers.
Helmet Law: Florida has a partial helmet law. Riders under 21 years of age must wear DOT-approved helmets at all times. Riders 21 and older may ride without a helmet if they have insurance coverage of at least $10,000 in medical benefits for motorcycle crash injuries.
Eye Protection: Florida requires all motorcyclists to wear eye protection unless the motorcycle is equipped with a windscreen.
Lane Splitting: Lane splitting is not legal in Florida. Motorcycles must operate within designated lanes.
Insurance Requirements: Motorcycle riders are not required to carry PIP coverage but must have $10,000 in medical payments coverage if choosing not to wear a helmet. Liability insurance is recommended but not technically required for motorcycles in Florida.
Motorcycle Licensing: Operators must have a valid motorcycle endorsement on their Florida driver’s license or a motorcycle-only license.
Accident Statistics: Florida leads the nation in motorcycle fatalities, with 668 deaths in 2022. Miami-Dade County recorded 1,198 motorcycle accidents in 2022, causing 912 injuries and 44 fatalities. Florida has over 620,000 registered motorcycles.
Local Hazards: High-risk areas in Hialeah include intersections throughout the downtown area, West 12th Avenue, connections to Interstate 75 and State Road 826. Rainy season conditions and heavy traffic contribute to accident frequency.
Frequently Asked Questions
What is the deadline to file a motorcycle accident lawsuit in Hialeah, Florida?
Florida law now provides a two-year statute of limitations for personal injury claims from motorcycle accidents. This was reduced from four years by 2023 tort reform legislation. The deadline runs from the date of the accident. Wrongful death claims also have a two-year deadline. Failing to file within this period permanently bars your claim. Given the shortened deadline, consulting with an attorney promptly after an accident is essential.
How does Florida’s comparative negligence rule affect my motorcycle accident claim?
Florida changed from pure comparative negligence to modified comparative negligence in 2023. You can now recover damages only if you are 50% or less at fault for the accident. If you are found 51% or more at fault, you cannot recover any compensation. Your damages are reduced by your percentage of fault. Not wearing a helmet may be considered in assessing fault for head injuries. Insurance companies will attempt to maximize your percentage of fault.
Do I have to wear a helmet while riding a motorcycle in Florida?
If you are under 21 years old, you must wear a DOT-approved helmet. Riders 21 and older may legally ride without a helmet if they have insurance coverage of at least $10,000 in medical benefits for motorcycle crash injuries. However, not wearing a helmet can significantly affect your claim. The defense may argue your head injuries were worsened by helmet non-use, potentially increasing your percentage of fault under comparative negligence.
What damages can I recover in a Florida motorcycle accident case?
If another party’s negligence caused your accident and you are 50% or less at fault, you may recover economic damages (medical expenses, lost wages, property damage, future medical costs, diminished earning capacity) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). Punitive damages may be available in cases involving gross negligence or intentional misconduct.
Why are motorcycle accidents common in Hialeah?
Hialeah’s location in the Miami metropolitan area means heavy traffic and congestion contribute to accident frequency. Common accident locations include intersections throughout downtown, West 12th Avenue, and connections to Interstate 75 and State Road 826. Summer rainy season creates slick roads and reduced visibility. Driver distraction, failure to yield, aggressive driving, and DUI contribute to motorcycle crashes. The lack of protection motorcycles provide makes these accidents particularly dangerous.