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Steps Involved In A Motorcycle Accident Investigation in Miami FL

When you hire the services of the Beharry Law Firm, you'll be able to rest assured that your case will be dealt with by one of the most highly trained and experienced professionals in the industry. They have tons of experience gathering evidence and investigating accident scenes. This ensures that they can maximize in favor of their clients.

By hiring us, we'll see to it that you receive the full compensation that you deserve. We aim to get coverage for your expenses and most importantly, your medical bills. However, one of the first things that we need to do is gather evidence that proves that your injuries were caused because of another party.

Some compelling pieces of evidence include:

  • Statements from eyewitness
  • Reports from the crash
  • The insurance policy from the other driver (the at-fault driver)
  • Your medical bills and medical records
  • Evidence and photos from the accident site
  • Surveillance from the collision
  • Estimated costs for your vehicle and any other vehicles involved

When the investigation is completed, our firm will provide a quote on how much coverage is available. If you didn't already know, according to state law, all drivers are required to have at all times auto insurance. However, the minimum liability limits for both property and bodily injuries should be covered under the policy.

In the state of Florida, a fault system is in place. This just simply means that the liable party is responsible for footing the bills of the injured person. Hence, the at-fault party will be financially responsible for all of the losses incurred.

After the value from the responsible party's insurance is determined, our firm will file a claim on behalf of our client. This is part of the process to ensure that you get the maximum coverage that you deserve for your trauma. However, it should be noted that some policies don't always have the required amounts to cover every expense.

When this occurs claims are filed with the auto insurance company. In some instances, a lawsuit may be filed against another motorist.

Compensation You Could Pursue After A Miami Motorcycle Accident

After suffering damages and injury from a motorcycle accident in Miami and it's surrounding areas, there are several things that can be done. When an insurance claim is filed, your economic and non-economic damages may be compensated for. However, this occurs when the responsible party has the relevant coverage to support the liability.

Economic damages sustained due to a crash:

  • - Damages to property
  • - Medical costs
  • - Expenses that are paid for out of pocket
  • - Lost wages
  • - The capacity to earn money decreases

The following are considered as non-economical damages:

  • - Suffering and pain
  • - Lifetime disfigurement
  • - Mental anguish
  • - Physical impairment
  • - Loss of consortium

Additionally, if you file a lawsuit, you'll be entitled to some punitive damages. This just simply means that the at-fault driver will be punished. This is done to compensate for your losses. In some instances, a jury may award what is known as punitive damages.

However, it should be noted that punitive damages are only filed when proper evidence is presented. Evidence should present convincing evidence that the driver did in fact illustrate acts of malice, fraud, or even negligence.

If You Or A Loved One Has Been Injured In A Motorcycle Accident . . .
Let's Get The Compensation You DESERVE !

The Most Common Causes Of Motorcycle Accidents in Miami Dade

Trucks, cars, and other vehicles driving on the roadways can easily cause harm or danger to motorcyclists. One important fact is that drivers don't always know when motorcycles are close to them. This is simply because they're smaller and harder to see when compared to cars.

In most instances, crashes occur when motorists are careless. In almost all crashes, motorists have been careless due to the use of a phone. This leads them to make dangerous and fatal errors on the roadways. Other causes are as follows:

  • Unsafe lane change - This occurs when the driver doesn't properly check the blindspot. Sometimes they also don't use turn signals and they easily sideswipe motorcyclists.
  • Speeding - Quite a lot of times, drivers collide with motorcycles at extreme speeds. Often enough this results in debilitating injuries.
  • Distracted driving - Distractions come in an array of shapes and forms and cellphones are a huge one. Cellphones easily take away from the attention span of a driver and make driving a task. This means that they also lose the ability to react in the event of an emergency.
  • Failure to stop - Driving at intersections is one of the most dangerous things for motorcyclists. Some of the time, drivers cross and easily crash into cyclists.
  • Tailgating - When you drive too closely to another vehicle, you risk the chances of colliding with them. In the case of a motorbike, the rider is ejected and will suffer serious injuries.
  • Alcohol or drug impairment - Drugs and alcohol will prevent drivers from safe driving. Hence, reaction time is lowered.

Besides those mentioned, there are tons of other causes of accidents. So, if you ever suffer such a terrible fate, it's a good idea to contact us and we'll handle everything for you. At The Beharry Law Firm, we'll take the time to carefully review your case.

The Most Common Types Of Motorcycle Accidents in Miami

Each day, cyclists face several hazards on the roadway leading them to encounters with other drivers. In most cases these end in fatal crashes. Common motorcycle accidents are:

  • Impacts from car doors - When drivers don't look properly, they can easily open their doors into the paths of oncoming motorcyclists.
  • Backing up - Drivers backing out of spaces should always take extra caution as they back out of parking spots. Failure to do this results in a collision with vehicles and motorcycles alike. As they collide with a biker, bikers can be knocked onto the ground or they can go flying through the air.
  • Head-on collisions - Most of the motorcycle accidents seen are a result of distracted motorists. Drivers can crash head-on with cyclists creating a deadly situation.
  • Left-hand turn - Some drivers often ignore the signals and signs on the roadways. At intersections, they will drive in the same pathway as a cyclist and collide.
  • Defects on the roadway - Missing road signs, potholes, and even poor lighting all count as defects on the roadways. This makes it very difficult for motorcycles and drivers to travel safely.
  • T-bone crashes - These are also known as collisions that occur from a sideways impact. Hence, drivers crash directly into the side of other vehicles. In the case of motorcycles, the rider is severely damaged.
  • Lane splitting - In the state of Florida, lane splitting is illegal and drivers should pay attention so that they don't drift and collide with riders.
  • Rear-end collision - As previously mentioned, tailgating is a very bad habit and causes tons of accidents each year. This often leads to drivers being unable to stop when they are tailgated.

After a serious accident, it is evident to our attorney that you're undergoing a great deal of suffering. A simple act such as taking your bike out will leave you facing a very dangerous situation. Our lawyer will pay close attention to your case and better inform you as long as they can handle the case.

If You Or A Loved One Has Been Injured In A Motorcycle Accident . . .
Let's Get The Compensation You DESERVE !

Common Injuries That People Sustain In Motorcycle Accidents

After meeting with a motorcycle injury, you'll need to secure compensation. If you didn't already know, motorcycle accidents are more severe compared to those sustained from a regular vehicular accident. This is simply because motorcycles don't offer much protection to riders.

Cyclists can easily reach speeds over 80 mph. When you think about this, it is quite frightening to think of what can happen during a crash. Most injuries range from minor to very severe. Due to the vulnerability of cyclists, they sometimes end up with disabilities that last the rest of their lives.

Some injuries from cycling accidents include:

  • - Disfigurement and scarring
  • - Road rash
  • - Head and brain injury
  • - Amputations
  • - Injuries to the spinal cord
  • - Fractures and broken bones
  • - Full or partial paralysis
  • - Organ failure, bleeding, and other internal injuries
  • - Burns
  • - Deep wounds and lacerations
  • - Penetration from landing on stationary objects or debris

Unfortunately, a large number of accidents turn out to be deadly. So, if your loved one has passed away from this type of accident, you can file for wrongful death as well.

How Much Does A Miami Accident Lawyer Charge For Motorcycle Accidents?

If you're thinking about working with our firm you should know that we will not charge fees upfront. However, we want to provide the best representation for your case to prevent more financial burdens. Only after the settlement is claimed, then we'll charge for our services. If for some reason you don't win, then you wouldn't be required to pay us.

If You Or A Loved One Has Been Injured In A Motorcycle Accident . . .
Let's Get The Compensation You DESERVE !

Florida Laws That Must Be Followed After A Motorcycle Accident

One of the biggest undertakings that you'll ever face in life is filing a lawsuit. This act takes a lot of time, attention, and patience. However, many laws must be followed within the allotted timeframe.

If for some reason deadlines are missed, you'll lose the right to attain any form of compensation from the responsible driver. The statute of limitation for Florida is four years. This just simply means that you have a period of four years from the date of the accident.

If for some reason the four years pass your case will be dismissed. Additionally, modified negligence must also be taken into consideration. Depending on the degree of fault that is thrown in your direction, your damages may diminish.

In essence, if you're 40% liable you'll only be entitled to 60%. So, if your case incurred up to $100000 you'll only receive $60000. In the state of Florida, you are barred if you're more than 50% liable. Hence it is in your best interest if you hire an attorney to ensure that you're not facing more blame than necessary.

Motorcycle Accident Lawsuits In Miami

If you're preparing a lawsuit in Miami Dade, several steps must be taken. If for some reason you don't follow them, you can face the possibility of dismissal.

Step 1

Prepare the documents - The firm will prepare a series of legal documents that are filed with the court. The complaint is the first document that is filed and lays out the facts associated with the case. Next is the summons which notifies the defendant that they will be summoned to court.

Step 2

Serve the documents - After filing a process server will be hired to ensure that the documents are delivered to the defendant. An affidavit will be sent back to the firm which will then be filed back to the court of law.

Step 3

Receive the defendant's answer - After being served, the defendant will have a max of 20 days to file an answer. If for some reason they don't answer, a default judgment can be made via petition. As such, the case will continue without them.

Step 4

Discovery process - Various requests will be filed to gather important information and relevant documents. These are typically obtained from the defendant's attorney. Further accident investigation will continue to gather more evidence.

Step 5

Mediation - During this process, we will meet with the other party to settle the case. If for some reason an agreement is not reached then court preparation will begin.

Step 6

Trial prep - As we prepare to defend your case in court, witnesses will be located and further evidence will be gathered. This is done to discount the defense's case.

Step 7

Trial and judgment - Upon conclusion, the judge will order the defendant to pay compensation to you. As long as we win, you'll be able to receive complete and prompt payment.

 

Following The Insurance Claims Process Following A Motorcycle Accident

These claims don't usually involve too many strict deadlines or preparation. Hence, no actual deadlines are required to be met. However, companies usually state that you should file promptly.

Step 1 : The at-fault driver's policy is requested. This determines who the claim should be filed with.

Step 2 : A claim is filed with the insurance company of the driver.

Step 3 : Evidence is gathered to prove that the other driver was at fault and it is submitted to the adjuster.

Step 4 : A fair settlement will be negotiated to cover damages.

Step 5 : A lawsuit is filed if the adjuster provides too much of a low offer or if the claims are denied.

When you choose to work with us, you'll be in the best hands possible!

If You Or A Loved One Has Been Injured In A Motorcycle Accident . . .
Let's Get The Compensation You DESERVE !