Motorcycle accident
Motorcycle Accident Attorneys in Miami, Florida
The firms in this guide
- Gerson & Schwartz, P.A. Call Gerson & Schwartz, P.A.: (305) 371-6000
- Shaked Law Personal Injury Lawyers Call Shaked Law Personal Injury Lawyers: (305) 937-0191
- Wolfson & Leon Call Wolfson & Leon: (305) 285-1115
- Flanagan & Bodenheimer Call Flanagan & Bodenheimer: (305) 638-4143
- Friedman Rodman Frank & Estrada, P.A. Call Friedman Rodman Frank & Estrada, P.A.: (877) 448-8585
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
Florida Helmet Exception, Fault Bar and Coverage Rules for Miami Motorcycle Crashes
In a Miami motorcycle crash claim, Florida’s helmet statute, its 50 percent fault bar and the rider’s uninsured motorist coverage answer three separate questions: whether the rider was in compliance, whether the claim survives, and where payment can come from if the other driver had no insurance.
Headgear and the Insurance Exception
Florida Statutes 316.211(1) bars operating or riding on a motorcycle without protective headgear securely fastened that complies with Federal Motorcycle Vehicle Safety Standard 218. Under (3)(b), a person over 21 may ride without it if covered by an insurance policy providing at least $10,000 in medical benefits for injuries from a motorcycle crash. Under (2), an operator must wear an approved eye-protective device, and a violation of the section is a noncriminal traffic infraction. Florida’s PIP system is built around vehicles with four or more wheels (627.732(3)), so a rider should confirm what medical benefits, if any, the motorcycle policy provides.
The 50 Percent Bar
Under Florida Statutes 768.81(6), a party found greater than 50 percent at fault for their own harm may not recover damages; the subsection does not apply to medical negligence actions under chapter 766. For example, imagine $100,000 in damages and 50 percent of the fault on the rider: the recovery would be $50,000, because 50 percent is not greater than 50.
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.
A Driver Who Leaves
Florida Statutes 316.027(2) requires a driver involved in a crash resulting in injury or death to stop and remain at the scene. Willfully leaving after a crash with injury is a third-degree felony, and with serious bodily injury a second-degree felony; the subsection sets separate penalties for a crash resulting in death.
Miami Motorcycle Accident Questions
How long do I have to sue?
Two years under Florida Statutes 95.11(5)(a) for an action founded on negligence, and two years under 95.11(5)(e) for wrongful death. Against a public entity, recovery is capped under 768.28(5)(a) at $200,000 per person and $300,000 per incident, and the written injury claim is due within 3 years.
Who brings the claim if a rider is killed?
The personal representative, for the survivors and the estate, under Florida Statutes 768.20. Section 768.21 lists the survivors’ damages, including lost support and services and, for a spouse and minor children, lost companionship and mental pain and suffering.
Is each defendant liable for the whole judgment?
No. Florida Statutes 768.81(3) enters judgment against each party on the basis of that party’s percentage of fault, not on the basis of joint and several liability.