Motorcycle Accident FAQs
If you've been involved in a motorcycle accident in Miami, you're likely dealing with medical bills, insurance confusion, and uncertainty about what to do next. At Friedman Rodman Frank & Estrada, our team of Miami motorcycle accident lawyers help injury victims across South Florida get the answers and legal support they need. Below are some of the most frequently asked questions from motorcycle accident victims.
Your first priority should be to get medical attention. Even if you feel okay, injuries from motorcycle accidents can be serious and not always immediately visible. After getting help, report the accident to the police so there’s a record of what happened. If possible, take photos of the scene, your motorcycle, other vehicles, and your injuries. Get contact information from any witnesses. Avoid admitting fault at the scene, and talk to a lawyer before speaking with the insurance company.
Fault is determined by looking at the evidence, including the crash scene, statements from the drivers and witnesses, traffic laws, and any available video footage. In some cases, both drivers may share some responsibility. Even if you're partially at fault, you may still recover compensation, although the amount may be reduced depending on your share of responsibility.
You may be able to recover damages for medical bills, lost wages, repair or replacement of your motorcycle, and pain and suffering. If your injuries are serious or permanent, you may also be entitled to compensation for long-term care and future lost income. Every case is different, so the value of your claim depends on the specifics of your injuries and how they impact your life.
Florida riders under 21 are required to wear a helmet. Riders over 21 may choose not to wear one if they carry the required medical insurance. Regardless of the law, wearing a helmet reduces your risk of serious head injury and may affect how insurance companies and the courts view your case.
Yes, but not wearing a helmet could impact how much compensation you receive. If you suffer a head injury and weren't wearing a helmet, the insurance company may argue that your injuries were worse because of that choice to not wear a helmet. This typically doesn’t mean you lose your right to recover, but your final settlement may or may not be reduced depending on the circumstances.
You generally have two years from the date of the accident to file a personal injury claim in Florida. If someone passed away as a result of the crash, the timeline for a wrongful death claim is usually also two years. It’s best to start the legal process as soon as possible so that evidence can be preserved and deadlines aren’t missed.
Insurance companies often offer quick settlements that may not fully cover your past and future losses. Once you accept an offer, you usually give up your right to seek additional compensation. Before signing anything, it’s smart to have an attorney review the offer and determine whether it truly reflects the full extent of your injuries and future expenses.
If the other driver has no insurance or not enough to cover your damages, you may be able to use your own uninsured/underinsured motorist coverage if you have it. Our lawyers can review your policy, help you understand what’s covered, and identify other potential sources of recovery.
Some cases settle in a matter of months, while others take a year or longer depending on the complexity. Factors that influence the timeline include how serious your injuries are, whether fault is disputed, and whether the case goes to court. Your lawyer will keep you informed throughout the process and work to resolve your case as efficiently and favorably as possible.
You’re not required to have a lawyer, but having one can make a big difference in how your case turns out. An experienced attorney can handle the legal paperwork, gather evidence, negotiate with the insurance company, and help you understand what your case is really worth. Most importantly, a lawyer will protect your rights and fight to make sure you’re not taken advantage of during a difficult time.
If you’ve been hurt in a motorcycle accident, the Miami motorcycle accident lawyers at Friedman Rodman Frank & Estrada, P.A. are ready to help. Call us today at 877-448-8585 for a free consultation. We’re here to help you recover and move forward. There is no attorney’s fee owed unless and until a financial recovery is secured for you.