miami motorcycle accident attorney Tag Archives

June 15, 2023

Why Wear a Motorcycle Helmet Regardless of Florida Law

Responsible motorcycle riders in Florida know the law on helmets, so you are aware that the statute is somewhat unusual. There are specific motorcycle helmet requirements based on age, and insurance surprisingly plays a role. A person is prohibited from riding a motorcycle unless they are wearing a motorcycle helmet that complies with federal regulations, and it must include an eye-protective device. However, a person 21 years or older can operate a motorcycle without headgear IF that individual is covered by a $10,000 medical insurance policy to cover injuries.

You could receive a ticket and a hefty fine for violating Florida’s law on motorcycle helmets, but this deterrent is not the only consideration. This headgear and the advanced technology behind it are intended to protect your head, brain, and life. Plus, there are even legal reasons to wear a helmet, which a Miami motorcycle accident lawyer can explain in more detail. A closer look is informative.

Motorcycle Helmets and Fatalities

February 25, 2023

How Distracted Drivers Create Huge Risk of Motorcycle Accidents in Miami

by Gerson & Schwartz, P.A.

The dangers of distracted driving have been well-known and highly publicized for years, yet statistics indicate that drivers disregard both safety issues and the law. Cell phone use and other risky activities are a particular concern for motorcycle riders, who are not protected by a metal barrier in a collision. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 9,000 motorcycle accidents statewide, leading to almost 600 fatalities. Approximately 2,200 of these incidents take place in South Florida alone.

Researchers have identified three key ways that distracted driving impacts a motorist’s ability to safely operate a vehicle, and each of them is amplified when it comes to sharing the road with motorcycle riders. A Miami motorcycle accident attorney can assist with your legal remedies if you were hurt, as you may qualify to recover compensation for your losses. A summary of the three factors, as they apply to motorcycling, is also helpful.

1. Visibility is Impaired: This first effect on a driver’s abilities is one that already plagues motorcyclists, who are traveling in a vehicle that has a narrow, low profile. Drivers fail to see riders frequently, and their carelessness is exacerbated when they are staring at a phone instead of watching the road. Motorists may stray into other lanes, fail to yield right of way and make erratic turns even after taking their gaze away from traffic for just a moment. Government officials report that looking down at a phone while traveling at 55 mph is like driving the length of a football field while blindfolded.

August 20, 2021

Disturbing Statistics About Motorcycle Accidents in Miami-Dade County

by Gerson & Schwartz, P.A.

If you assume that motorcycle accidents are among the deadliest of all Florida traffic crashes, the statistics show that you are not far off. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) Crash Dashboard, there are more than 8,000 traffic collisions involving motorcycles every year statewide, leading to around 900 fatalities. Around 50 people are killed in the 500+ motorcycle accidents that occur in Miami-Dade County annually, and hundreds more suffer serious injuries.

Most motorcycle crashes are the result of driver negligence, but you are in a better position to protect yourself as a rider when you know key data and causes of these incidents. You can rely on a Miami motorcycle accidents lawyer to assist with legal remedies if you were hurt, and some additional statistics may be informative.

Motorcycle Crash Data Reveals Shocking Trends

February 26, 2021

What are My Rights if I Was Injured as a Passenger in a Miami Motorcycle Accident?

by Gerson & Schwartz, P.A.

While much of the focus in a Miami motorcycle accident is on the effects upon the operator, it is important to recognize that there are substantial implications for the passenger. As a rider, your only source of stability comes from holding onto the motorcycle driver. Plus, other than leaning to distribute weight, you have no control over operating the vehicle. It is for these reasons that statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) are so disturbing: In the last two years, more than 1,300 passengers have been killed or injured in motorcycle collisions.

Though the relevant legal concepts and factors are slightly different, you do have legal options if you were hurt or lost a loved one who was riding as a passenger in a motorcycle crash. It is wise to work with a skilled Miami motorcycle accident lawyer to get the compensation you deserve, but some answers to common questions may be informative.

What are the Causes of Motorcycle Collisions in Florida?

December 25, 2020

How Florida Insurance Laws Affect Miami Motorcycle Accidents

by Gerson & Schwartz, P.A.

Even if you do not have a legal background, you certainly know the basics of Florida auto insurance laws from reviewing your responsibilities to procure coverage according to law. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) requires all four-wheeled vehicles to carry $10,000 in Personal Injury Protection (PIP) and $10,000 for property damage. Because the state goes by “no fault” rules for auto accidents, there is no requirement to carry the bodily injury coverage that is mandatory in other US states. Florida drivers can seek compensation through their own insurers under their PIP policy after a crash.

However, motorcycle riders should pay special note to the keywords “four-wheeled vehicles.” Insurance works very differently for your two-wheeled motorcycle, so you should be aware of how this point affects your rights after a collision. The complexities can be overwhelming, so it is wise to trust a Miami motorcycle accident lawyer to handle the legal process. Some background information may also be helpful.

Overview of Florida Insurance Laws for Motorcycles

September 30, 2020

Anticipating Traffic can Prevent Motorcycle Accidents in Florida

by Gerson & Schwartz, P.A.

Motorcycle riding is a year-round activity in South Florida; you are lucky to be able to enjoy your favorite activity in any season here. However, sobering statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reveal the risks of serious motorcycle accidents as compared to other types of motor vehicle crashes. According to the report on Traffic Crash Facts for 2018, there were 291 total fatalities due to traffic collisions in Miami-Dade County; of these, 50 deaths were motorcycle riders – more than 17%. The reason for this skewed figure is certainly obvious: When an auto collides with a motorcycle, the rider on the two-wheeled vehicle will sustain the greatest impact.

As a result, you want to do everything you can to avoid being involved in a motorcycle crash. One recommendation is becoming a rider who anticipates various scenarios, rather than relying on other motorists to follow the rules of the road. You should work with a Miami motorcycle accident attorney if you are injured in a collision, but some tips may help you avoid becoming a victim.

Be Ready for the Worst Case Scenario

August 12, 2019

Bias can Affect Your Claim as the Victim of a Miami Motorcycle Accident

by Gerson & Schwartz, P.A.

Responsible motorcycle riders in Miami are well-aware of the traffic regulations and safety tips published by the National Highway Traffic Safety Administration, so the vast majority do not take unnecessary risks. Unfortunately, other drivers and the general public may not see you as a safety conscious, law-abiding rider. Many suffer from bias that limits their thinking, and it can also affect you if you are injured in an accident. Prejudice may impact your claim with the responsible driver’s insurance company, and there may be implications if you take your case to court.

The good news is that there are legal strategies to help overcome the bias against motorcycle riders and ensure you are treated fairly. A Miami motorcycle accident attorney can assist with these and other challenges to get the compensation you deserve as a victim.

Sources of Bias Against Motorcycle Riders

July 5, 2019

Two Killed in Florida Motorcycle Crash: Options for Surviving Family

by Gerson & Schwartz, P.A.

A tragic motorcycle accident in Marion County, FL claimed the lives of two men and shut down traffic on northbound Interstate 75 for approximately five hours on Thursday, June 13, 2019. Orlando’s Spectrum News Channel 13 reported on the incident, which was still under investigation by the Florida Highway Patrol (FHP). According to police, the two men were riding side-by-side on separate Harley Davidson motorcycles in front of a semi truck. The pair attempted to slow down due to traffic conditions, but one rider lost control of his vehicle. As the motorcycle slid across the pavement, the other man also lost control. Upon landing in the center lane, both men were struck by the 18 wheeler that had been traveling behind them.

Under the circumstances, surviving family members may have options to recover compensation through a cause of action that is categorized as a wrongful death case. A Florida wrongful death attorney can explain in more detail, but an overview may be helpful.

How Wrongful Death Cases Work in Florida

October 31, 2017

Florida Court of Appeals Calls for New Trial in Motorcycle Accident Case

by Gerson & Schwartz, P.A.

A Florida district court of appeals recently rendered its decision on an appeal based on the trial court’s decision to exclude various pieces of evidence from consideration by the jury.

In the case, the plaintiffs alleged that the defendant revved the engine of his Chevrolet Camaro, thus signaling his alleged desire to race the plaintiffs. Plaintiffs alleged that after riding next to their two motorcycles and swerving into their lane twice, he hit the first motorcycle (which had one passenger), which then crashed into the second motorcycle and then drove away. The plaintiffs survived the accident, but suffered serious personal injuries which required medical treatment. Prior to the accident, the plaintiffs had stopped at a restaurant and then a bar, and were headed home when the accident occurred.

At trial, the defendant claimed that the motorcycles caused the accident to occur by one driver accidentally turning onto the other one. He claimed comparative negligence as a defense. Witness testimony as to what happened was similarly inconsistent.