Miami Motorcycle Accident Lawyer
A motorcycle crash can leave you facing serious injuries, medical bills, lost income, and an uncertain future. At the same time, an insurance company may try to blame you simply because you were riding a motorcycle.
Gimenez & Carrillo, LLC helps injured riders and their families understand their legal options after motorcycle accidents in Miami and throughout Miami-Dade County.
Our legal team can investigate what happened, communicate with the insurance companies, document your losses, and help you pursue fair compensation from those responsible.
Call (305) 444-3000 or Request a Free Initial Consultation. Hablamos Español.
Gimenez & Carrillo, LLC
5775 Waterford District Dr. Suite 300
Miami, FL 33126-2579
Free Initial Consultation
Talk through what happened at no cost.
Serving Miami-Dade County
Main office at Waterford District Dr.
Hablamos Español
Consultas en español, sin costo.
Over 30 Years of Experience
Florida injury claims since 2010.
Motorcycle Accident Risks in
Miami and Miami-Dade County
Miami’s heavy traffic can create dangerous conditions for motorcycle riders. Drivers may change lanes without looking, follow riders too closely, or turn across a motorcycle’s path.
Risks around Highways and Expressways
These risks can increase on major roads such as I-95, I-395, I-195, US 1, Biscayne Boulevard, Flagler Street, Coral Way, NW 7th Street, and Bird Road.
High-speed routes such as the Palmetto Expressway and Dolphin Expressway can also expose riders to sudden lane changes, speeding vehicles, commercial trucks, and stop-and-go traffic. The Julia Tuttle Causeway and MacArthur Causeway may become especially busy during rush hour, holidays, and major events.
Risks around Metropolitan Areas and Crowded Areas
Motorcyclists also travel through crowded areas such as Downtown Miami, Brickell, Little Havana, Wynwood, Edgewater, Midtown Miami, Coconut Grove, Coral Gables, and Miami Beach. In these areas, riders may face rideshare vehicles, delivery drivers, tourists, construction zones, and drivers searching for parking.
Motorcycles are smaller than passenger vehicles and offer riders far less physical protection. As a result, even a crash that appears minor can cause severe or life-changing injuries.
Unfortunately, riders are often blamed before anyone completes a full investigation. A driver may claim that a motorcycle appeared suddenly, traveled too fast, or was difficult to see. However, these statements do not prove that the rider caused the crash.
A Miami motorcycle accident lawyer can examine the available evidence and help respond when an insurance company unfairly shifts blame.
Common Causes of
Motorcycle Accidents
Motorcycle crashes can happen for many reasons, but most fall into a few common categories. In many cases, the crash begins when another driver fails to notice the motorcycle, gives the rider too little space, or makes an unsafe traffic move.
Visibility and Right-of-Way Errors
Some of the most dangerous motorcycle crashes happen when another driver fails to see the rider or misjudges the motorcycle’s speed and distance.
- Drivers failing to see motorcycles: A driver may fail to check mirrors, blind spots, intersections, or nearby lanes before moving.
- Left-turn accidents: A vehicle may turn across a motorcycle’s path without leaving enough time or space for the rider to stop.
- Unsafe lane changes: A driver who changes lanes without checking blind spots can force a rider off the road or into another vehicle.
Dangerous Driving Behavior
Other crashes result from drivers who do not leave enough time or space to react safely.
- Distracted driving: Texting, navigation apps, passengers, and other distractions can keep drivers from noticing nearby motorcycles.
- Speeding: Higher speeds reduce reaction time and can make motorcycle crashes much more severe.
- Following too closely: Drivers who follow motorcycles too closely may not have enough room to stop safely.
- Drunk or impaired driving: Alcohol, drugs, and some medications can affect judgment, coordination, and reaction time.
Road and Traffic Hazards
Conditions that may be manageable for a car can create serious risks for a motorcycle.
- Poor road conditions: Potholes, loose gravel, standing water, uneven pavement, debris, and construction zones can cause a rider to lose control or make it harder to avoid a crash.
Commercial and Rideshare Vehicles
Motorcycles also face added risks around vehicles that spend long hours in traffic or make frequent stops and lane changes.
- Commercial vehicle and truck accidents: Large trucks have wide blind spots and need more room to stop. Their size and weight can make a motorcycle collision especially dangerous.
- Rideshare vehicle accidents: Rideshare drivers may become distracted by their apps, stop suddenly, or cross traffic to pick up or drop off passengers.
Motorcycle accidents can involve many of the same dangerous driving behaviors seen in other Miami-area car accidents. However, riders often face a much greater risk of serious injury because they do not have the protection of a passenger vehicle.
More than one person or company may share responsibility for a crash. Depending on what happened, responsible parties could include a careless driver, commercial vehicle company, vehicle owner, contractor, or another business.
Common Injuries From
Motorcycle Accidents
Motorcycle riders do not have a vehicle frame, airbags, or seat belts surrounding them. Therefore, riders can suffer serious injuries when they strike a vehicle, pavement, guardrail, or another object.
Common motorcycle accident injuries include:
- Broken bones: Riders may suffer fractures in the arms, wrists, legs, ankles, ribs, hips, or pelvis.
- Head and brain injuries: A crash may cause a concussion, skull fracture, brain bleeding, memory problems, or another traumatic brain injury.
- Neck and back injuries: Sudden impact can damage muscles, ligaments, discs, nerves, or vertebrae.
- Road rash: Sliding across pavement can remove layers of skin and may lead to scarring, infection, or the need for skin grafts.
- Knee, shoulder, and joint injuries: Riders may suffer torn ligaments, dislocations, cartilage damage, and reduced range of motion.
- Internal injuries: Damage to internal organs or internal bleeding may not always cause immediate symptoms.
- Burns and cuts: Hot motorcycle parts, leaking fluids, broken glass, metal, and pavement can cause burns or deep wounds.
- Spinal cord injuries: Damage to the spinal cord can affect movement, strength, sensation, and independence.
- Fatal injuries: Some motorcycle crashes result in injuries the rider does not survive. In these cases, certain family members may have the right to explore a wrongful death claim.
Some symptoms appear immediately. Others may become noticeable hours or days later. Getting medical care quickly can protect your health and create a record of the injuries connected to the crash.
Problems Motorcycle Riders
Face With Insurance Claims
Insurance companies may treat motorcycle accident claims differently from other traffic accident claims. Adjusters sometimes rely on unfair assumptions about riders instead of focusing on the evidence.
Common problems include:
- The insurance company blames the rider: An adjuster may argue that the rider was speeding, weaving through traffic, or driving carelessly without having enough evidence.
- The driver says they did not see the motorcycle: Failing to notice a motorcycle does not automatically excuse a driver who made an unsafe turn or lane change.
- The insurance company downplays the injuries: An adjuster may suggest that an injury is minor, temporary, or unrelated to the crash.
- The insurance company questions medical treatment: The insurer may challenge the type, timing, or cost of the care recommended by your medical providers.
- Medical bills build quickly: Emergency transportation, hospital treatment, surgery, rehabilitation, and follow-up care can become expensive.
- Lost income becomes a problem: Serious injuries may prevent a rider from working for weeks, months, or longer.
- The settlement offer comes too early: An early offer may arrive before you understand the full cost of your medical care or how the injuries will affect your future.
- Recorded statements can be used against the rider: An adjuster may ask questions designed to obtain statements that reduce or weaken the claim.
You do not have to accept the insurance company’s first explanation of what happened. Crash reports, photographs, witness statements, vehicle damage, surveillance footage, medical records, and other evidence may provide a more complete picture.
A motorcycle accident attorney in Miami can review the evidence before you make important decisions about your claim.
What to Do After a
Motorcycle Accident in Miami
The steps you take after a crash may affect your health and your ability to document a claim.
When possible, take the following steps:
- Call 911: Ask for police and emergency medical assistance. A police report can document important details about the crash.
- Get medical care right away: Accept emergency care when needed and follow up with a medical provider, even when symptoms appear manageable at first.
- Move to a safe place if possible: Avoid remaining in an active traffic lane. However, do not move if doing so could make an injury worse.
- Take photos and videos: Document the motorcycle, other vehicles, debris, skid marks, traffic signals, signs, road conditions, and visible injuries.
- Get witness information: Ask witnesses for their names and contact details before they leave the scene.
- Exchange information with the driver: Collect the driver’s name, contact information, insurance details, license plate number, and vehicle information.
- Do not admit fault: Avoid apologizing, guessing about speed, or making statements about who caused the crash.
- Keep records of your injuries and expenses: Save medical bills, repair estimates, receipts, wage records, photographs, and correspondence from insurance companies.
- Be careful with insurance companies: Do not sign releases or accept a settlement before you understand your injuries, losses, and legal options.
- Contact a motorcycle accident lawyer: An attorney can review the crash, explain the claims process, and help you avoid mistakes that could affect your case.
Also, avoid posting detailed information about the accident, your injuries, or your physical activities on social media. An insurance company may review public posts and attempt to use them against you.
Request a Free Initial Consultation
How Gimenez & Carrillo Can Help
After a serious motorcycle crash, you may need to focus on medical care and your family. Gimenez & Carrillo can handle legal and insurance issues while helping you understand each stage of the process.
Our legal team can help by:
- Reviewing your motorcycle accident case: We can listen to what happened and explain the legal options that may apply.
- Investigating the crash: Our team can gather available reports, photographs, videos, witness statements, and other evidence.
- Dealing with the insurance company: We can manage communications and respond to requests from insurance adjusters.
- Responding to unfair blame: We can challenge unsupported claims that attempt to blame you simply because you were riding a motorcycle.
- Identifying who may be responsible: A driver, vehicle owner, commercial company, contractor, or another party may have contributed to the crash.
- Documenting your injuries and losses: We can collect information about medical bills, lost wages, property damage, physical limitations, and other effects of the accident.
- Explaining the claims process: We can help you understand what is happening, what information is needed, and what decisions may come next.
- Helping you avoid costly mistakes: We can review documents, settlement offers, releases, and requests for recorded statements.
- Pursuing fair compensation: Depending on the circumstances, a claim may seek compensation for medical expenses, lost income, property damage, pain, physical limitations, and other qualifying losses.
Every motorcycle accident case is different. The available options depend on the evidence, insurance coverage, injuries, responsible parties, and other facts.
Gimenez & Carrillo does not promise a particular result. Instead, we carefully review each case and help clients make informed decisions.
You can also learn more about our broader personal injury practice.
Compensation That May Be
Available After a Motorcycle Crash
The value and types of compensation available depend on the specific facts of the accident.
A motorcycle accident claim may include compensation for:
- Medical expenses:
This may include emergency treatment after the crash, hospital care, surgery, rehabilitation, and follow-up visits. If your injuries require ongoing care, future medical treatment may also be considered. - Lost income and reduced earning ability:
If your injuries keep you from working, your claim may include the income you lost during recovery. More serious injuries may also affect your ability to earn the same income in the future. - Property damage:
A claim may include the cost to repair your motorcycle or replace it if the damage is too severe. Other personal property damaged in the crash may also be part of the claim. - Physical and emotional harm:
Serious injuries can affect much more than your finances. Compensation may also address pain, emotional distress, permanent scarring, disfigurement, or limits on your mobility and independence.
When a motorcycle accident results in a fatal injury, qualifying family members may be able to pursue damages through a wrongful death claim.
A Miami motorcycle injury lawyer can review the available insurance coverage, evidence, medical records, and financial losses before discussing what compensation may be pursued.
Areas We Serve Near Miami
Gimenez & Carrillo assists injured motorcycle riders and families throughout Miami and surrounding Miami-Dade County communities from our Miami law office.
Central Miami
We assist clients in Downtown Miami, Brickell, Little Havana, Wynwood, Edgewater, Midtown Miami, and nearby communities.
Southern and Western Miami-Dade County
Our service area includes Coconut Grove, Coral Gables, Kendall, Doral, and surrounding areas.
Northern Miami-Dade County
We help riders and families in Hialeah, Miami Lakes, and nearby communities.
Miami Beach and the Causeways
We also assist people injured in Miami Beach and in crashes near the Julia Tuttle Causeway, MacArthur Causeway, I-195, and I-395.
You do not need to live directly in Miami to contact our firm. We can review motorcycle accidents that occurred throughout Miami-Dade County and other parts of South Florida.
Frequently Asked Questions
About Miami Motorcycle Accidents
Do not assume the insurance company’s decision is final. Adjusters may place blame on a rider before reviewing all the evidence.
Avoid arguing with the adjuster or guessing about what happened. Instead, preserve photographs, videos, witness information, medical records, repair estimates, and other evidence.
Florida uses a modified comparative negligence system in many negligence cases. This means fault can affect the amount a person may recover. However, an insurance company’s allegation does not determine your legal percentage of fault.
A Miami-Dade motorcycle accident attorney can investigate the crash and respond to unsupported attempts to blame you.
Possibly. Not wearing a helmet does not automatically eliminate every motorcycle accident claim.
Florida law generally requires approved protective headgear. However, riders over age 21 may qualify for an exception when they have at least $10,000 in qualifying medical-benefits coverage for injuries caused by a motorcycle crash.
Whether helmet use affects your specific case may also depend on your injuries and how the accident happened.
Speak with a Florida motorcycle accident attorney before accepting an insurance company’s claim that helmet use prevents you from pursuing compensation.
There is no standard settlement amount for a motorcycle accident case.
The potential value depends on factors such as the severity of your injuries, medical expenses, expected future treatment, lost income, long-term limitations, property damage, available insurance coverage, and evidence showing who caused the accident.
A Miami motorcycle accident lawyer can review these factors and help you understand what may be considered when evaluating your claim.
Use caution before giving a recorded statement, especially to the other driver’s insurance company.
An adjuster may ask detailed questions about your speed, location, injuries, medical history, or actions before the crash. Your answers may later be taken out of context or used to challenge your claim.
Consider speaking with a motorcycle accident lawyer before giving a recorded statement or signing a medical authorization.
Florida generally gives a person two years to file a negligence lawsuit for claims arising under current Florida law.
However, different deadlines may apply depending on when the accident happened, who was involved, whether a government agency or public entity is part of the claim, and other circumstances.
Waiting can also make a case harder to investigate. Videos may be deleted, witnesses may become difficult to locate, and physical evidence can disappear.
Because filing deadlines can permanently affect your rights, speak with an attorney as soon as possible about the deadline that applies to your case.
Speak With a Miami Motorcycle Accident Lawyer
You should not have to deal with serious injuries, medical bills, insurance pressure, and unfair blame without guidance.
Gimenez & Carrillo, LLC helps injured motorcycle riders and their families throughout Miami, Miami-Dade County, and South Florida. We can review the accident, explain your legal options, and help you decide what steps to take next.
Call (305) 444-3000 or Request a Free Initial Consultation. Hablamos Español.
Miami Practice Areas
Our attorneys assist clients in Miami and throughout Miami-Dade County with several legal matters, including:
Motor Vehicle Injury Cases
Miami Motorcycle Accident Lawyer
Miami Pedestrian Accident Lawyer
Miami Rideshare Accident Lawyer
Personal Injury Cases
Miami Medical Malpractice Lawyer
Miami Nursing Home Abuse Lawyer
Miami Product Liability Lawyer
Other Practice Areas
Miami Foreclosure Defense Lawyer
Miami Insurance Dispute Lawyer
Miami Employment Lawyer for Employees

