Regardless of the types of vehicles involved, crashes in Miami often put financial and emotional burdens on their victims. When serious injuries result, victims are forced to deal with medical bills, property damage costs, and physical or mental trauma.
While some costs and damages are common across accidents, motorcycle accidents differ from standard car crash cases. These collisions typically result in serious injuries, complex insurance considerations, and prejudices against riders that require legal advocacy to ensure fair treatment and proper compensation is provided.
If you are injured in a motorcycle collision in Miami, contact a Florida motorcycle attorney from Aigen Injury Law for a free case review and to learn how you can maximize your settlement.
The Severity and Nature of Injuries
One of the starkest differences between motorcycle and car accident claims is the severity of injuries involved. Motorcyclists are more exposed than car passengers; without the protective barrier of a vehicle frame, airbags, and seat belts, even a minor collision can result in catastrophic injuries, potentially leading to long-term disability, disfigurement, or chronic pain.
Motorcyclists also have a 24 times higher chance of dying in a crash versus passenger car occupants when measured per vehicle mile traveled. In Miami’s dense traffic, the risks are exacerbated.
Consequently, the compensation needed for motorcycle accident victims is typically higher, reflecting the extensive medical treatment, long-term care, and rehabilitation costs. It also includes financial restitution for lifelong disabilities and pain and suffering due to disfigurement and impact on daily life.
Proving Negligence and Overcoming Bias
A major hurdle in motorcycle accident claims is proving negligence. There’s a prevailing bias against motorcyclists, both culturally and in the courtroom, often rooted in stereotypes that paint motorcyclists as reckless risk-takers who cause their own accidents. This bias can influence how witnesses recall events, how police report accidents, and how juries make decisions.
A personal injury attorney in Miami can help fight these prejudices by demonstrating that the motorcyclist:
- Had the required licenses and training
- Followed the rules of the road
- Wore appropriate safety gear
- Rode responsibly by using defensive techniques
Legal representatives must often work diligently to ensure that a motorcyclist’s rights are fully protected and that the actual cause of the accident, often another driver’s negligence, is accurately acknowledged.
Insurance and Liability Considerations
Insurance also differs in motorcycle accidents compared to car crashes. Florida only requires personal injury protection (PIP) insurance and property damage liability (PLD) coverage for four-wheeled vehicles. In fact, motorcycle riders in Florida are not required to carry liability insurance, and PIP coverage will not cover motorcycle riders at all.
While you can purchase motorcycle-specific insurance to protect yourself financially and from liability as a motorcycle rider, not having any form of insurance could mean seeking compensation from the at-fault party’s insurer for your injuries. Here’s why this makes motorcycle claims more complex than straightforward no-fault auto collision cases:
- Serious Injury Threshold: In Florida, you must typically meet a severe injury threshold (which exceeds PIP coverage) to pursue full compensation through litigation. This includes conditions such as permanent injuries or significant disfigurement. However, since motorcycle riders are not eligible for PIP, they are not required to meet the serious injury threshold before filing a personal injury lawsuit.
- You Must Prove Fault: For motorcycle riders in Florida, compensation requires proving that the other driver was at fault. Unlike in car accidents, where PIP covers injuries regardless of fault, motorcyclists need to demonstrate the other party’s negligence to claim damages.
- Modified Comparative Negligence: Florida’s approach to comparative negligence reduces your compensation proportionally to your degree of fault in the accident. This means any negligence on your part, like lane splitting or speeding, can reduce your potential recovery award.
- Requires Medical Records and Expert Testimony: Establishing the severity of injuries and proving fault in motorcycle accidents typically requires thorough medical records and expert testimony. These can help illustrate the accident’s impact on your life now and into the future, and show the other party’s liability.
- Higher Stakes Could Mean a Legal Battle: Settlements are often higher in motorcycle accidents due to the severity of injuries. The other party’s insurer may refuse to pay, forcing you to take the claim to court. This can mean a prolonged legal battle to settle your claim; however, it also allows you to seek a maximum damage award to help you recover after a crash.
Take Action Now: Choose Aigen Injury Law for Legal Representation
At Aigen Injury Law, we are your legal advocate and strategic guide through your motorcycle accident claim. We are committed to ensuring fair treatment from insurance companies and the court, helping you receive the maximum compensation you deserve.
Contact us today to schedule your free consultation and get the experienced representation you need to protect your rights and secure your future.