If you are the owner of a motorcycle in Miami, Florida, you may well need to seek out the help of a motorcycle accident lawyer at some point. Motorcyclists face a set of risks quite different from those familiar to other road users. In the event of an accident, a motorcycle owner is likely to be at risk of far worse injuries than a motorist while also dealing with different kinds of vehicle damages. As a result, it is essential that motorcyclists have unique insurance and legal cover, and that they seek out the help of experienced motorcycle accident lawyers if they are involved in an accident. Shamis & Gentile is a law firm based in Miami, and our lawyers have extensive experience with motorcycle-related personal injury cases. Here is what you need to know about consulting a motorcycle accident lawyer.
Our process
If you’ve been involved in a motorcycle accident, have exhausted your personal injury protection (PIP) and want to pursue legal action against a driver or motorcyclist at fault for your accident, your motorcycle accident attorney will start pursuing the case as follows:
Documentation
We will start by collecting the names, contact details and addresses of all parties involved, medical professionals on the scene and any eye witnesses. If any photos were taken on the scene (we encourage you to take pictures if you are able to do so after an accident), we will collect and examine these too. We will also need reports from your doctor and other medical experts involved, and records of any hours you may have missed from work. Before we begin our investigation, we will get all police and accident scene reports from the relevant authorities.
Investigation
We will then begin our investigation of the accident, perusing and analyzing all documentation, interviewing police officers, witnesses and medical professionals, and doing a reconstruction of the accident scene. We will approach all insurance companies involved (yours and that of the at-fault party).
Negotiation
Armed with all the relevant information, we will begin negotiations with the insurance company in an effort to secure the settlement you need. If negotiations do not yield the desired result and the case goes to trial, we will represent you in court and work towards a satisfactory resolution.
Common causes of serious and fatal motorcycle accidents
The most common causes of motorcycle accidents are quite similar to those most likely to cause a car accident. They include the following:
- Alcohol or drug use
- Speeding
- Failure to signal
- Inexperienced drivers/ motorcyclists
- Roadworks or damaged road surfaces
- Bad weather conditions
Motorcycle accident injuries
All road accidents can result in serious injuries, but motorcyclists are more vulnerable than motorists or truck drivers due to the lack of any protection and the fact that bike riders are often thrown from their bikes after an impact. Bone breakages are extremely likely. The most common injuries that can result are:
- Traumatic brain injuries
- Injuries to the lower extremities (legs, ankles or knees)
- Injuries to the upper extremities (arms, wrists or shoulders)
- Internal bleeding
- Internal organ damage
- Road rash
- Lacerations
- Loss of limbs
Motorcycle accident lawsuits
Depending on the circumstances and causes of your accident, you can bring a lawsuit against another party whom you believe to be at fault. These lawsuits can be complex, because a great deal of evidence is needed to prove liability. You will definitely need to secure the assistance of a motorcycle accident attorney to build your case and represent you in court.
Who can be held liable in motorcycle accident lawsuits?
In a motorcycle accident, a person who is proven to have behaved in a negligent or careless manner, in such a way as to cause the accident, can be held liable. A plaintiff’s attorney will need to prove that there has been negligence on the part of the other person. When we pursue a case against a negligent party in a motorcycle accident lawsuit, we need to show definite proof of:
- Duty: We must show that the defendant had an obligation to behave in a certain way towards the plaintiff. Motorists and truck drivers have a legal obligation to exercise reasonable care towards motorcyclists – this is their duty as road users.
- Breach of duty: Having established that the exercise of reasonable care is the legal duty of the defendant, we then need to prove that they breached this duty, resulting in the accident.
- Causation: Next, the plaintiff must prove that their injuries were caused by the defendant. The court must be convinced beyond doubt that, but for the actions of the defendant, the plaintiff’s injuries would not have occurred.
- Damages: The plaintiff’s legal team must also prove that the defendant’s actions caused the plaintiff physical injury and/or damage to their property.
Motorcycle accident lawsuit damages
Motorcycle accidents often generate expensive medical bills. These are the most obvious damages that are likely to be claimed in a motorcycle accident lawsuit. Aside from these, you could also claim for wages that you have lost, and are likely to lose in the future, as a result of your injuries. You can claim for pain and suffering, property damage, wrongful death (if you are a relative of a motorcyclist who sustained fatal injuries) and punitive damages (in the case of gross negligence).
Wrongful death motorcycle accidents
As mentioned above, you can claim for wrongful death if a loved one has died in a motorcycle accident. Wrongful death is defined as the taking of a life as a result of negligent or reckless conduct. It is a civil action brought by the family of the deceased against the at-fault party, in order to claim loss of support, funeral costs and other relevant damages. As with any other case brought against a negligent party, the plaintiff must prove duty, breach, causation and damages.
Do I need a motorcycle accident lawyer?
Motorcycle accident cases are complex. As you can see from what we discussed thus far, plenty of evidence must be gathered, collated and worked up into a viable case that can prove duty, breach, causation and damages. For this reason, it is not advisable for you to try and pursue the case on your own. You need the experience and expertise of a motorcycle accident lawyer to give you the best chance of winning the damages you deserve.
What forms of compensation can you expect from a motorcycle accident?
In a motorcycle accident lawsuit, you can claim some or all of the following types of compensation:
- Medical expenses: A person who is injured as a result of another person’s negligent conduct has a right to claim back the cost of all resulting medical care. These are all medical expenses that are connected with the accident and that are clearly proven and specified in all relevant bills, which will need to be presented as evidence in the lawsuit.
- Lost income: If the plaintiff has lost earnings as a result of the accident, he or she has the right to claim them back from the defendant. The plaintiff needs to show what their earnings were prior to the accident, and based on this proof, a calculation of how much income has been lost since the accident. Provided there is medical proof of continued impact on working ability in the future, the plaintiff can also claim for future loss of income.
- Pain and suffering: This includes all non-physical suffering, including any distress, fear, grief, anxiety, shock, and other emotional or mental states that could have present or future impact on your quality of life and/or ability to make a living.
- Wrongful death: If you are a family member of someone who has died in a motorcycle accident, you can bring a civil action against the negligent party.
If you or a loved one has been involved in a motorcycle accident in Miami, Florida, contact Shamis & Gentile for a free consultation. We will discuss your accident with you to determine if you have a good case and can claim compensation against the other party involved. Contact us for more information or to book a consultation with one of our motorcycle accident lawyers.
