1. Gerson & Schwartz, P.A.
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, wrongful death, catastrophic injuries, product liability, medical malpractice, premises liability
Case Types Handled: Motorcycle vs. car collisions, motorcycle vs. truck collisions, head-on collisions, T-bone collisions, side impact crashes, drunk driving accidents, rear-end crashes, defective motorcycle claims, intersection accidents, highway accidents
Legal Services: Accident investigation, evidence preservation, police report analysis, insurance claim negotiation, settlement negotiations, litigation, trial representation, product liability claims, medical expense recovery, lost wage claims, pain and suffering claims
Background: Full service personal injury law firm established in 1971 in Miami, Florida. Attorneys Philip M. Gerson, Edward S. Schwartz, Nicholas I. Gerson, and David L. Markel lead the firm. The firm has extensive trial experience on all types of personal injury cases. Represents clients throughout Miami-Dade, Kendall, Coral Gables, Miami Beach, Miami Lakes, Miami Springs, Hialeah, Medley, West Palm Beach, Jupiter, Allapattah, North Miami, Opa Locka, Fort Lauderdale, Doral, West Miami, and Homestead.
Location: Miami, FL (serves South Florida)
Contact: (305) 371-6000 | https://www.injuryattorneyfla.com
Consultation: Free consultation, confidential case evaluation, Se Habla Español
2. Shaked Law Personal Injury Lawyers
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, personal injury, wrongful death
Case Types Handled: Motorcycle collisions, intersection accidents, left-turn accidents, rear-end collisions, head-on collisions, distracted driving accidents, drunk driving accidents, uninsured motorist claims, property damage claims
Legal Services: Case investigation, evidence gathering, insurance claim negotiation, settlement negotiations, litigation, trial representation, medical expense recovery, lost wage claims, pain and suffering claims, future expense recovery
Background: Established in 2007, the firm has recovered millions of dollars for accident victims in South Florida. Committed to helping clients recover maximum compensation possible. Handles cases on a contingency fee basis.
Location: Miami, FL
Contact: (305) 937-0191 | https://shakedlaw.com
Consultation: Free initial case review, contingency fee basis
3. Wolfson & Leon
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, personal injury, wrongful death
Case Types Handled: Motorcycle collisions, head-on collisions, intersection accidents, lane change accidents, catastrophic injuries, traumatic brain injuries, spinal cord injuries, traumatic amputations, wrongful death claims
Legal Services: Accident investigation, evidence preservation, insurance claim negotiation, settlement negotiations, litigation, trial representation, medical expense recovery, lost wage claims, pain and suffering claims, wrongful death claims
Background: Over 55 years helping personal injury victims and families of wrongful death victims. Attorney Jonah M. Wolfson is a bilingual personal injury attorney. The firm represents clients throughout Little Havana, Princeton, Miami Lakes, Brickell, Plantation, Sunrise, Country Club, Indian Creek, Tamarac, North Bay Village, Mid Beach, North Beach, South Beach, and all of South Florida.
Location: Miami, FL
Contact: (305) 285-1115 | https://www.wolfsonlawfirm.com
Consultation: Free consultation, available to speak immediately
4. Flanagan & Bodenheimer
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, wrongful death
Case Types Handled: Head-on collisions, intersection accidents, left-turn accidents, rear-end collisions, catastrophic injuries, traumatic brain injuries, spinal cord injuries, wrongful death claims
Legal Services: Accident investigation, liability determination, evidence gathering, insurance claim negotiation, settlement negotiations, litigation, trial representation, medical expense recovery, lost wage claims, pain and suffering claims, future expense recovery, home visits and hospital room visits
Background: Attorney Michael T. Flanagan is a dedicated civil litigator with over a decade of experience. Gained national recognition at age 29 for securing a multi-million-dollar settlement against a major corporation. Known for handling difficult cases and has repeatedly won multi-million-dollar verdicts and settlements in cases other firms had turned down. The firm strategically maintains a small caseload to ensure personalized attention.
Location: Miami, FL (serves Fort Lauderdale, Boca Raton, West Palm Beach, Kendall, Homestead, Brickell, Miami Beach, Aventura, Hialeah, Miami Gardens, Pembroke Pines)
Contact: (305) 638-4143 | https://www.florida-justice.com
Consultation: Free case evaluation, home/hospital visits available, Zoom consultations available
5. Friedman Rodman Frank & Estrada, P.A.
Practice Focus: Motorcycle accidents, car accidents, truck accidents, workers compensation, personal injury, wrongful death, construction accidents
Case Types Handled: Motorcycle collisions, intersection accidents, left-turn accidents, head-on collisions, distracted driving accidents, negligent driver accidents, uninsured motorist claims, wrongful death claims
Legal Services: Accident investigation, evidence gathering, insurance claim negotiation, settlement negotiations, litigation, trial representation, medical expense recovery, lost wage claims, pain and suffering claims, future expense recovery
Background: South Florida law firm representing accident victims since 1976. Nearly 100 years of combined attorney experience. AV-rated firm under Martindale-Hubbell peer rating system. One partner belongs to The Million Dollar Advocates Forum. The firm maintains an open door policy allowing clients to call at any time of day or night to speak with an attorney. Serves clients in Miami, Naples, Homestead, Fort Lauderdale, and Orlando.
Location: Miami, FL (multiple South Florida locations)
Contact: (877) 448-8585 | https://www.floridainjurylawyer.pro
Consultation: Free consultation
Motorcycle Accident Laws and Regulations in Florida
Statute of Limitations: Two years from the date of the motorcycle accident to file a personal injury lawsuit (changed from four years as of March 24, 2023). Two years from the date of death for wrongful death claims.
Fault System: Florida operates under a modified comparative negligence system (changed from pure comparative negligence in 2023). The at-fault driver is responsible for compensating injury victims.
Comparative Negligence: Florida follows a modified comparative negligence rule with a 50% bar. Injured parties who are 50% or more at fault cannot recover damages. If less than 50% at fault, damages are reduced by the percentage of fault.
Helmet Laws: Florida has a partial helmet law. Riders 21 years of age or older are not required to wear a helmet if they are covered by an insurance policy providing at least $10,000 in medical benefits. Riders under 21 must wear DOT-approved helmets. Not wearing a helmet does not automatically bar recovery but may affect damages if head injuries are involved.
Eye Protection Requirements: All motorcycle operators must wear eye protection unless the motorcycle is equipped with a windscreen.
Lane Splitting/Lane Filtering: Lane splitting is illegal in Florida.
Motorcycle Insurance Requirements: Florida has specific motorcycle insurance requirements. While liability insurance is not mandatory for registration, riders without insurance coverage meeting the $10,000 medical benefits threshold must wear helmets. Underinsured and uninsured motorist coverage is recommended.
Licensing Requirements: Operators must have a motorcycle endorsement on their driver’s license. Riders under 21 must complete a motorcycle safety course.
Equipment Requirements: Appropriate lighting, brakes, mirrors, and other safety equipment as required by state law.
Passenger Regulations: Passengers are allowed if the motorcycle has a designated passenger seat and footrests. Passengers under 21 must wear helmets regardless of insurance coverage.
PIP Coverage: Florida’s Personal Injury Protection (PIP) requirements for auto insurance do not apply to motorcycles.
Frequently Asked Questions
Q: What is the statute of limitations for filing a motorcycle accident lawsuit in Florida?
A: As of March 24, 2023, Florida reduced its statute of limitations for personal injury cases from four years to two years. If your motorcycle accident occurred on or after March 24, 2023, you have two years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, the deadline is two years from the date of death. Accidents that occurred before March 24, 2023 may be subject to the previous four-year deadline depending on specific circumstances. It is important to consult with an attorney promptly to ensure you meet all applicable deadlines.
Q: How does Florida’s comparative negligence rule affect motorcycle accident claims?
A: Florida changed to a modified comparative negligence system in 2023. Under this rule, you can recover damages only if you are less than 50% at fault for the accident. If you are found 50% or more at fault, you cannot recover any compensation. If you are less than 50% at fault, your damages award will be reduced by your percentage of fault. For example, if you are 30% at fault and your damages total $100,000, you would receive $70,000. Insurance companies often try to assign fault to motorcyclists, making experienced legal representation important.
Q: Do I have to wear a helmet when riding a motorcycle in Florida?
A: Florida has a partial helmet law. If you are 21 years of age or older and have an insurance policy providing at least $10,000 in medical benefits for motorcycle-related injuries, you are not required to wear a helmet. Riders under 21 must wear DOT-approved helmets at all times. While not wearing a helmet (when legally permitted) does not automatically bar your claim, defense attorneys and insurance companies may argue that your head injuries would have been less severe if you had worn a helmet, potentially affecting your damages award.
Q: Is lane splitting legal in Florida and how does it affect my claim?
A: Lane splitting is illegal in Florida. If you are involved in a motorcycle accident while lane splitting, you may be found partially or fully at fault for the accident. Under Florida’s modified comparative negligence rule, if you are found 50% or more at fault due to lane splitting or other factors, you will be barred from recovering any compensation. Even if found less than 50% at fault, your damages will be reduced accordingly.
Q: What types of compensation can I recover after a motorcycle accident in Miami?
A: Motorcycle accident victims in Florida may recover both economic and non-economic damages. Economic damages include past and future medical expenses, lost wages, reduced earning capacity, motorcycle repair or replacement costs, and other out-of-pocket expenses. Non-economic damages cover pain and suffering, emotional distress, disfigurement, disability, and loss of enjoyment of life. In wrongful death cases, surviving family members may recover compensation for funeral expenses, loss of financial support, loss of companionship, and mental pain and suffering. The specific damages available depend on the circumstances of your case and the applicable insurance coverage.