Injured motorcyclists deserve compensation for damages another person caused. However, insurance companies can make claims feel overwhelming and frustrating. In Hialeah, Dolman Law Group Accident Injury Lawyers helps residents recover from the financial consequences of a motorcycle accident.
We believe motorcyclists should not have to suffer alone. Our Hialeah motorcycle accident attorneys work hard to get the results you need.
Table of Contents
- Why Choose Dolman Law Group?
- Common Motorcycle Accidents in Hialeah
- Leading Causes of Motorcycle Collisions
- Who Is Liable for a Motorcycle Accident?
- Ways Insurance Companies Mislead People
- Types of Compensatory Damages
- How to Prove Negligence in a Motorcycle Accident Claim
- Frequently Asked Questions
- Contact a Hialeah Motorcycle Accident Attorney Today
Why Choose Dolman Law Group Accident Injury Lawyers, PA?
Insurance companies have the resources to fight claims with significant payouts. Victims of motorcycle collisions in Hialeah need a dedicated firm to stay by their side. Dolman Law Group Accident Injury Lawyers, PA has a trustworthy team ready to assist you.
Our track record shows how our personal injury attorneys have the experience to take on any defendant. For instance, we secured a $1.4 million settlement in a motorcycle case involving multiple injuries. We won roughly $1 million for another client who suffered from a traumatic brain injury.
Every case is unique and there is no guarantee of success in all cases, but our team can determine the most effective way to maximize the value of your claim. We work with you every step of the way and keep you updated on any progress. You can make informed decisions about your case.
Furthermore, we ensure you receive quality care. While some firms do not notice your medical needs, we can connect you to a network of doctors to improve your wellbeing. Our office understands the importance of a client feeling supported.
If you find yourself looking for a qualified motorcycle accident lawyer, give Dolman Law Group Accident Injury Lawyers, PA a call. An initial meeting with us is free.
Where Are Motorcycle Accidents Likely to Happen in Hialeah?
Plenty of traffic accidents occur in Hialeah, and a portion involves motorcycles. Some of them happen on several of the major roadways around the city. The area connects to Interstate 75 and State Road 826. Multiple intersections like West 12th Avenue pose a risk as well.
Since Hialeah has a population of over 228,000, many people drive on its roads. Additionally, the area is next to Miami. As a result, many visitors arrive daily. The potential size of traffic during the day increases the possibility of motorcycle accidents.
Motorcycle collisions can take place anywhere. Regardless if you were in a neighborhood or on the highway, our firm is here to assist you.
Common Motorcycle Accidents in Hialeah
In Florida alone, over 620,000 people registered motorcycles. The number of motorcyclists means a higher chance of a crash in places like Hialeah. The rider usually is less visible to large vehicles. As a result, they are likely to get into a wide range of accidents.
Several common situations motorcyclists may experience on the road are:
- Head-on collisions. The driver might veer into the opposing lane and hit an oncoming motorcycle. Typically, head-on collisions are more dangerous for riders due to fewer barriers. Many victims experience catastrophic injuries.
- Left-hand turn accidents. Some motorcyclists collide with a driver who is making a turn. Crashes at intersections account for an estimated 42 percent of fatal motorcycle collisions. Vehicles in the left-hand turn lane have to yield to oncoming traffic. Negligence could have caused someone to crash into a motorcycle.
- Rear-end collisions. A few reported motorcycle collisions involve a vehicle tailgating the rider in front. If a motorist is close behind someone, they risk an accident during a sudden stop. A person in a car might sustain minor injuries, but a motorcyclist could fall off their bike and experience serious bodily harm.
- Sideswipe accidents. In a sideswipe collision, the sides of a motorcycle and another vehicle make contact. The event generally happens when someone changes lanes and does not see the other person. The liable driver might have failed to check their mirrors or blind spot before crashing into you.
- Single-vehicle crashes. A few motorcycle crashes do not involve another vehicle. Fallen debris or slippery roads could cause the rider to run off the road or fall off their bike. Even though no other person was present in the accident, a party could still be liable.
A motorcycle accident can come in any form. Our firm is ready to investigate your claim to determine how everything happened.
The Leading Causes of Motorcycle Collisions
If another party is responsible for your injuries, you have the right to sue them. However, one of the steps is to show how the person’s actions directly led to the accident. Your lawyer can help you determine the root cause and gather evidence.
Possible reasons a motorcycle accident happens include:
- Unsafe road conditions. A few of the streets in Hialeah might have uneven pavement or potholes. Bumps and dips in the road can cause riders to lose control of their bikes. Additionally, the city experiences plenty of stormy weather in the summer months. Heavy rainfall may reduce traction on the pavement.
- Inattention. All motorists need to pay close attention to their surroundings. However, many of them face distractions from electronics and other people. When someone performs multiple tasks, their brain is less likely to focus on one fully. The driver may not notice a motorcycle moving in front of them or brake suddenly.
- Speeding. A vehicle requires a greater stopping distance if it accelerates. At 30 miles per hour, a car needs almost 90 feet to brake safely. If a person goes above the speed limit and tailgates, they become liable for an accident.
- Mechanical errors. Some motorcycle accidents are not the result of a driver’s error. A problem with a person’s motorcycle equipment could be the cause of injuries. When the driver crashed into you, they might have lost control due to faulty brakes.
- Alcohol. When someone has had a few drinks, they should not get behind the wheel. Most states punish drivers with a BAC of 0.08 or above. A motorcycle accident victim can hold the drunk motorist accountable for their reckless actions.
Many crashes are because of a party’s negligence. Liability is not clear in every case, but our attorneys know how to find the facts.
Who Is Liable for a Motorcycle Accident?
Negligence has multiple requirements the victim has to prove. The liable person in a claim is the one who meets each element. Different possible parties could owe you compensation for damages. In most cases, the motorcyclist would take legal action against a driver.
Motorists generally are the ones who exhibit careless actions by speeding or failing to yield to traffic. The person might have been on their phone or committed another traffic violation. Drivers have many ways they can endanger riders.
A Government Agency
You may have the right to file a motorcycle accident claim against a government department. One way the city can be liable would be if an employee crashed into the motorcyclist. To file a successful claim, the government worker needed to have acted while on duty.
An agency can be liable for improper road design as well. The layout of a street, highway, or intersection may be dangerous for motorcycles. For instance, the road could block the view of oncoming vehicles for people making a left turn.
Furthermore, the government can be negligent for the lack of road maintenance. If a department knew of a pothole and did not act in time, the victim may start a claim.
If the cause of the motorcycle accident was a defective part, you could pursue legal action against the creator. Manufacturers must create reliable designs and conduct safety tests. A few companies cut corners during production and assembly.
A minor defect can lead to substantial consequences. However, the issue may not be noticeable at first. At Dolman Law Group Accident Injury Lawyers, PA, we work hard to uncover the underlying problem. We make sure to hold the correct party responsible.
Ways Insurance Companies Mislead People
A motorcycle accident lawyer’s services can help your claim in multiple ways. One reason to hire an attorney is to avoid deception from the other party’s insurance company. When the adjuster calls you, they may act friendly and concerned about your wellbeing.
Release Medical Documents
The adjuster’s tone aims to catch motorcycle accident victims off guard. As a result, the representative is more likely to convince a claimant to release their medical records. The person on the other line may state they need the documents to settle your claim. However, they want to examine the records to find a reason to pay you less.
Request Recorded Statements
Insurers ask victims for recorded statements as well. The adjuster might make you feel obligated to give your side of the story. However, they likely will ask leading questions to change the narrative in their favor. They could use your words to reduce your claim’s value or deny payment.
Say Lawyers Are Unnecessary
Another way the insurance company may try to mislead you is by saying you do not need a lawyer. Other insurers argue a firm is far more expensive than what the claimant’s budget would allow. Their statements are untrue.
Adjusters know attorneys are not afraid to fight for fair compensation. A lawyer shields you from the pressure from the insurance company and protects your rights. They provide their services on a contingency basis as well. Therefore, you do not pay unless you win.
Even though the agent speaks like a friend, their goal is to protect the company’s interest. You can trust our team to look out for you during a difficult time.
Types of Compensatory Damages
A settlement includes all the compensatory damages the defendant must reimburse you for after a crash. The severity and number of losses you claim in a lawsuit influence the amount of money you receive. Compensatory damages fall under two categories.
One group is economic damages, and examples include:
- Medical expenses. A lawyer considers past and ongoing healthcare costs when determining a settlement figure. You can seek reimbursement for medication, physical therapy, surgeries, hospital stays, and the purchase of a medical device.
- Motorcycle repairs. A collision generally results in a victim needing to see a mechanic. Some people have to buy a replacement if the damage is beyond repair. You have the right to demand compensation from the opposing party.
- Lost wages. Injuries from a motorcycle crash usually leave an individual out of work for a while. A catastrophic injury could affect their ability to earn income in the same capacity. The court can award the plaintiff missed wages and loss of earning potential.
Other types of losses may fall under non-economic damages. Non-economic means the nature of the damage is not quantifiable. Your lawyer has to provide an accurate estimate for compensation.
Non-economic damages include:
- Mental anguish. A person has a relatively high degree of mental and emotional pain due to their injuries. Some people may refer to the damage as emotional distress as well.
- Pain and suffering. The traumatic event of a motorcycle collision can lead to physical and mental discomfort. A person might experience changes in their mood or a loss of appetite.
- Scarring or disfigurement. You could have the right to claim compensation for the lasting physical effects of a severe injury. Disfigurement can lead to psychological harm and impact a person’s ability to enjoy life.
When our lawyers investigate your claim, we can discover what damages you accumulated. We work hard to secure adequate compensation for your losses.
How to Prove Negligence in a Motorcycle Accident Claim
Like other accident claims, you need to prove the other side was negligent. Negligence has four elements you have to meet. The first is to establish how the defendant owed you a legal duty of care. All motorists must keep others safe while on the road.
The next step is to prove the opposing side breached their duty of care. The driver did so through careless action or inaction. While someone did something they should not have, their behavior may not have caused the crash directly. Therefore, you would link the person’s behavior to the accident.
Lastly, you have to provide evidence the defendant’s action resulted in damages. Once you satisfy each element, the court can award compensation.
Contact a Hialeah Motorcycle Accident Lawyer
A defendant might fight back against your claim, especially if a lot of money is at stake. Dolman Law Group Accident Injury Lawyers, PA has the expertise to stand up to the insurance company and negotiate. You can trust us to maximize the potential of a favorable outcome.
Contact Dolman Law Group Accident Injury Lawyers, PA today to get started. Consultations with us are free.
Hialeah Motorcycle Accident Lawyer Near Me 833-552-7274
Find a Hialeah Motorcycle Accident Injury Attorney Today
A auto accident claim can raise plenty of questions. Our team of Hialeah motorcycle accident attorneys at Dolman Law Group Accident Injury Lawyers, PA is here to alleviate any of your concerns. We have years of experience with complex lawsuits and can tell you what you need to know about your case.
Not every claim ends with the same result, but you can expect our lawyers to work efficiently to maximize your case’s value. Contact Dolman Law Group Accident Injury Lawyers, PA to schedule a consultation to learn more about what you can do after your collision. The initial meeting is always free.
What Is the Deadline for Motorcycle Accidents in Hialeah?
Like other accident cases, the injured party must comply with the deadline the state established. The statute of limitations applies to a person’s claim the second a motorcycle accident happens. In Florida, the law grants people four years to pursue compensation.
Once the four years have passed, the insurance company can deny your claim or have the judge dismiss the case. Therefore, a motorcycle accident lawyer is beneficial to have by your side. Our attorneys take responsibility for all the paperwork to ensure everything proceeds on time.
On a rare exception, an individual could extend the deadline. For instance, a victim could stop the clock if the defendant left the state before they could file a lawsuit. The deadline resumes when the accused party returns to Florida.
If the motorcycle collision was fatal, you would have to file a different type of lawsuit. Wrongful death claims cover accidents where one or more victims died due to injuries. A personal representative would be the one to start a claim on behalf of the deceased. The statute of limitations is two years from the date of the person’s death.
An expired statute of limitations means a loss of the right to compensation. Our firm prevents you from losing your ability to seek reimbursement from the negligent party.
What Happens if the Liable Party Has No Insurance?
Florida law requires drivers to have motor vehicle insurance when registering a car. The minimum coverage for property damage liability and personal injury protection is $10,000. Nevertheless, about 27 percent of drivers do not have an insurance policy. Additionally, motorcyclists do not need to purchase coverage.
Whether the liable party was a driver or another rider, you have a chance of getting into an accident with an uninsured person. Usually, personal injury protection covers the cost of bodily harm. If you bought uninsured motorist coverage, the plan could help pay for damages.
However, insurance plans may place a limit on how much the company pays for an accident. The amount of money the insurer gives you might not be enough. If you have severe injuries, you could have the opportunity to file a lawsuit against the other person.
Since the opposing side does not have coverage, they likely do not have enough assets to pay for damages. As a result, the judge may have the person pay monthly fees. An attorney can help you determine the next step when filing a claim.
Can You Sue if the Driver Is From Another State?
The Miami metropolitan area sees roughly 24.2 million visitors every year. Since Hialeah is in the region, the city has plenty of out-of-state motorists pass through. Therefore, riders have a possibility of getting into a collision with a driver who lives elsewhere.
As a result, victims question if they can still sue someone who is from another state. If the person responsible for your injuries is not from Florida, you are not out of options. Collisions within state lines fall under Florida’s jurisdiction. The negligent motorist has to appear in a Florida court.
Furthermore, insurance plans can vary from state to state. However, a policy still covers non-local drivers if they get into an accident in Florida. You can get a copy of the person’s plan to see what coverage is available to you.
Nevertheless, a case against an out-of-state driver or rider can become complicated to manage. You should find a motorcycle accident lawyer with the skills to take on your claim. Dolman Law Group Accident Injury Lawyers, PA can make the process less difficult for you while you focus on other priorities.
Should You Visit a Doctor if You Do Not Have Visible Wounds?
A person might have gotten into a minor motorcycle accident and walked away with a few bruises and scratches. Immediately after the collision, they might not feel much pain. As a result, they do not think they need to see a doctor.
However, the adrenaline from an accident wears off over time. You could feel the effects of the crash hours after you left the collision site. In addition, damages like a traumatic brain injury take a while to manifest symptoms. A condition can worsen if you delay treatment, so you should see a doctor as soon as possible.
Another reason to visit a healthcare worker is to know the full extent of your injuries. Severe injuries typically mean you can get more money in compensation.
The insurance company might contact you with a proposed reimbursement amount. If the adjuster sees you delayed a trip to the hospital, they may assume your injuries are minor. They then offer you a settlement worth far less than what you may need.
Injured riders should not assume they do not need to find a doctor. Even if they feel fine, they must seek medical attention. Afterward, they should consult a motorcycle crash attorney.
Can a Passenger Sue the Rider for a Motorcycle Accident?
Some accidents involve a passenger who was on a motorcycle. An individual can sustain severe injuries alongside the rider. If you were a passenger during the collision, you have a right to sue for damages. Even if the negligent party was the rider, you could obtain compensation.
The motorcyclist could have been at fault for displaying reckless behavior. The person could have caused an accident by speeding or performing a risky maneuver. The other party becomes liable if they operate the bike while under the influence of alcohol. In addition, you may file a claim against another driver in multi-vehicle crashes.
You can claim the same compensatory damages you would if you were the rider. Even so, you still need to prove negligence. In most cases, the passenger does not bear any fault for an accident. Therefore, you should not worry about the insurance company blaming you for your injuries if you start a lawsuit.
If the insurer attempts to pass fault onto you, Dolman Law Group Accident Injury Lawyers, PA has your back. We know what the law entitles motorcycle passengers to and can shield you from insurance adjusters.
Should You Keep Damaged Motorcycle Gear as Evidence?
Motorcycle companies work to create protective gear in case a rider gets into an accident. Even though a full-face helmet is one of the safest options, someone could still suffer a traumatic brain injury. Motorcycle pants and jackets might be durable, but the victim can still get scratches and burn injuries.
After a motorcycle accident, the injured party should keep the protective gear they wore. Even if the helmet experienced damage, you could still use it as evidence. You can use cracks in the headwear or tears in your jacket to show how severe the crash was. The insurer is less likely to successfully argue the damage is not as substantial as you claim.
Keep your safety equipment in a safe place until a lawyer can use it for your case. If you no longer have the physical items, photographs of them after the collision are viable. Your attorney compiles the damaged gear with other pieces of evidence.
Can You Sue Multiple Parties for a Motorcycle Crash?
While most motorcycle accidents have a single party become accountable, a few involve more than one liable party. A multi-vehicle accident could have two or more drivers behave negligently. They made the road unsafe for the motorcyclist and caused harm.
For instance, two cars may move into a lane at the same time and hit each other. The event could cause a motorcycle behind them to swerve off the road. The victim could have the right to name both drivers as defendants.
Our firm conducts extensive investigations to find the right party responsible for your losses. If we find multiple negligent sides, we hold each one accountable.
What Happens if the Motorcycle Crash Was a Hit-And-Run?
After a motorist hits a rider, they may drive away and flee the scene. Around 108,155 hit-and-runs happen in Florida annually, and some are motorcycle crashes. Even if you experienced a hit-and-run, you could still file a claim with your insurance.
Personal injury protection coverage can help pay for some of your medical expenses. You might be able to use your uninsured motorist policy if you purchased one. Still, insurance payments may not be enough. A lawsuit becomes necessary to get financial compensation for medical bills.
However, a person could face issues if they need to file a lawsuit for additional compensation. The driver left before the injured party could get their contact information for a claim. The lack of a name can cause delays. Nevertheless, the rider has the option to track the negligent motorist.
The police may interview witnesses or review CCTV footage from any nearby street cameras. Moreover, you can tell an officer about any vehicle details you remember. A few details include the make, model, and color of the car. In a few cases, the responsible party comes forward in the days following a collision.
In addition, you can talk to a lawyer to know what options you have regarding your claim. Our team can help determine the next steps.
Where Can You Get a Police Report?
In Florida, a person must report a collision if it leads to bodily harm or significant property damage. Once the police arrive, they interview the parties involved and witnesses. An officer may record specific observations of the accident scene as well.
While a lawsuit does not require one, police reports raise your case’s chance of success. Motorcycle accident attorneys use the information to understand a client’s situation better. The document provides them with details like the location of skid marks. A lawyer can learn plenty from a diagram and descriptions of the weather conditions.
The Florida Highway Safety and Motor Vehicles provide people with copies of crash reports. The general fee is $10, and you can visit the department’s website to buy one. A document is available for 60 days, and a person has two days to download their copy after purchase.
Motorcycle collision victims have the choice to request a police report from the local law enforcement agency. They need to know which agency filed the document and provide at least the case number. Usually, the responding officer gives a business card for you to call when you need a copy.
If we take your case, we can obtain your police report for you.
Can You Reopen a Motorcycle Accident Claim?
Some plaintiffs realize their injuries are worse than they thought. They could need additional medical treatment and require more time off from work. However, they already agreed to a settlement offer earlier. They may want to know if they can return to their claim.
Once someone signs the settlement release forms, the case resolves for good. They cannot reopen their claim to obtain more reimbursement. The release forms mean the plaintiff gives up the right to sue the defendant for the same accident.
As a result, you should ensure you are aware of the full extent of your injuries and reach maximum medical improvement. Additionally, have a lawyer by your side. Attorneys can calculate and negotiate a fair settlement.