Motorcycle Accident FAQs

The first thing that you need to do after a motorcycle accident is make sure that your injuries are diagnosed and treated by a medical professional. Even if you are not sure whether you are hurt, soft tissue and other internal injuries may have delayed symptoms, so getting checked by a doctor is important to make sure that your situation is handled properly. It is important to also try to remain calm and call the proper authorities, as well as talk to witnesses to determine what happened leading up to the accident. If possible, you should take pictures of the scene and collect as much information as you can. If you are considering taking legal action, the Miami motorcycle accidents at the Law Offices of Robert Dixon are available to discuss your options. Here are some common questions that you may raise after a crash.

In Florida, helmets are not required for riders over the age of 21, who obtain an insurance policy containing medical coverage for at least $10,000. Eye protection is required for all motorcyclists operating a motorcycle in the state. However, a lack of either requirement does not automatically preclude an individual from pursuing damages in a personal injury lawsuit if there is evidence of a defendant’s negligence. In order to prevail in a claim of negligence, the injured rider would need to show that the defendant’s actions had breached the duty of reasonable care, and that action was a proximate cause of the victim’s injuries.

Yes. Florida is a pure comparative fault state, which means that damages awards are offset by each party’s degree of culpability. For instance, even if you were found 40 percent responsible for your own injuries, another negligent party may still be responsible for 60 percent of the costs arising from the crash.

Under Florida's Wrongful Death Act, spouses, as well as children, parents, or other dependent relatives, may pursue a wrongful death claim against a negligent party to seek compensation for medical costs, burial or funeral expenses, lost future wages, and loss of companionship. Family members have two years from the date of a loved one’s death in which to file a claim, making timing important in these situations.

It is always advisable to consult an attorney if you think that you may have injuries that will require costs greater than your insurance will cover. The Miami motorcycle accident attorneys at the Law Offices of Robert Dixon can help South Florida victims determine what their next legal steps should be. If you or a loved one has been injured in an accident that you suspect was a result of another driver’s negligence, call 877.499.4878 or contact us online to schedule a free consultation and find out how we may assist you. Our motor vehicle collisions serve people throughout Miami-Dade, Broward, and Palm Beach Counties, including in Fort Lauderdale and West Palm Beach.