Miami Motorcycle Accident Lawyer: Sean M. Cleary

If you or a loved one has suffered a serious injury as the result of a motorcycle accident in Miami or Florida, our personal injury lawyer can help your family recover.

How Do We Help After a Motorcycle Accident?

We work with experts who assist us in investigating the accident, inspecting the motorcycle and safety gear in order to pursue all liable parties and maximize compensation for you.

Sean M. Cleary
Motorcycle Accidents

On average, 5K motorcyclists are killed in accidents, and 90K motorcyclists are injured in crashes in the U.S. each year. National Highway Traffic Safety Administration data shows that, on average, 606 deaths are attributed to motorcycle crashes in Florida each year. Miami-Dade County tops the list with 67 deaths and Broward is third with 42 fatalities. Motorcycle fatalities take up 14% of all motor vehicle deaths, despite the fact that motorcycles account for less than 1% of all miles driven. Motorcycle fatalities have doubled in the last 10 years, even though vehicle fatalities are decreasing for cars and trucks. Regarding age, young adults ages 20-24 are more likely to suffer fatal injuries in motorcycle accidents.

 

How Do We Handle a Motorcycle Accident Case?

Our Legal Process

Common Motorcycle Accidents Questions

Do You Need a License to Ride a Motorcycle in Florida? »

To ride a motorcycle in Florida, if you already have a valid Florida driver's license, you only need a motorcycle endorsement. You can get this by completing the Florida Rider Program. If you want to get a motorcycle-only license, then you have to be at least 16 and hold a learner's permit for at least one full year without traffic convictions. If you are over 18, then the learner's permit is not necessary, but you have to pass the standard class E license test and also complete the Basic Rider Course.

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What Insurance Laws Cover Florida Motorcycle Accident Claims? »

Insurance is essential. Without insurance coverage, there is rarely a source of money to go after to collect on an injured party’s claim. Personal injury protection (PIP) insurance is not available to motorcycle owners even if they already carry PIP for another vehicle. If the motorcyclist was not at-fault, he or she may be able to seek damages from the party negligent in causing the crash. While motorcyclists are not covered by PIP insurance, they are also not bound by its restrictions. If an unidentified vehicle causes a crash, or if a hit and run vehicle causes a crash, riders may file claims under their own uninsured motorist policy for their injuries.

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What Happens If I Was Partially at Fault for a Motorcycle Accident in Florida? »

Often in motorcycle crashes, each party may play some role in causing the accident. In Florida, motorcycle riders are not barred from recovery if they were partially at fault for the accident. Florida is a comparative negligence state, in which the blame or negligence for an accident is distributed among the responsible parties. In each case, the court or mediator will determine what percentage of fault the parties held, and reduce a party's recovery by this amount. For example, if damages amounted to $100K and the automobile driver was 80% at fault, while the motorcycle rider was 20% at fault, the motorcycle rider would receive $80K.

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Can I Sue for Negligence If I Can’t Remember What Happened in a Fast Motorcycle Accident? »

Following a motorcycle crash, it is important to take note of any evidence that may later help reconstruct the event. If you are injured in the collision and need to file a personal injury claim or lawsuit against a negligent party, you will need to present evidence establishing the defendant’s liability. Unfortunately, there may be cases where, due to the circumstances of the accident, there is a lack of evidence. For example, there may have been no eyewitnesses to the accident.

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More Questions

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