Your Guide to Motorcycle Safety and Legal Rights in Miami
Riding a motorcycle can be a lot of fun. However, it is not without its dangers. For example, according to a recent study, 83,000 motorcyclists were injured in roadside accidents in the US in 2021 alone.
Table of Contents
As a result, if you’re planning on taking to the open roads in Miami, it’s important that you do so with safety in mind. You should also ensure that you familarize yourself with your rights as a motorcyclist. This way, you know exactly what to do should the worst happen and you are injured while riding.
Motorcycle Accidents: The Facts.
- Motorcyclists are 28 times more likely to die and 4 times more likely to be injured in an accident than other motorists. (Forbes).
- The most common injuries associated with motorcycle accidents include road rash, head and neck injuries, leg injuries, and broken or fractured bones.
- From 2017-2022, Miami-Dade County averaged 52 motorcycle fatalities per year, which represented the highest among all the counties in Florida. (Ride Smart Florida).
Florida’s Motorcycle Laws.
Laws for Motorcyclists.
In order to ensure the safety of not only the motorcyclist but also those around them, there are various rules and regulations that govern motorcycle usage in Florida.
Per Florida Statute, those wishing to ride a motorcycle within the state must obtain a Motorcycle Endorsement, which requires them to complete a basic riding course ahead of time. Beyond this, basic traffic and roadside regulations also apply in order to keep motorcyclists safe on the road. For example, it is against the law for:
- To ride a motorcycle without wearing a helmet.
- To ride a motorcycle with the headlights turned off.
- For a motorcyclist to “lane split.”
Laws for other motorists.
While motorcyclists should make a concentrated effort to stay off the road, other motorists must also abide by specific regulations and guidelines, too.
For example, they must ensure that they remain at a safe distance from any motorcycles they share the road with. They should also signal clearly, and check the mirror for blindspots before doing so.
It is illegal for both motorcyclists and other motorists to drive while under the influence of alcohol or other narcotics. After all, when an individual’s blood alcohol level (BAC)is higher than 0.08%, it can result in “reduced concentration, short-term memory loss, lack of speed control, reduced information processing capability, and impaired perception.” Furthermore, “almost 30% of the bikers involved in fatal motorcycle accidents have blood-alcohol concentrations over the legal limit.”
How to stay safe when riding a motorcycle.
While the above laws and regulations are in place to protect motorcyclists and others on the road, there are many other steps you can take to ensure that you stay safe during this time.
- Always wear a helmet when driving.
- Always turn on headlights when driving in order to improve your visibility and make other motorists aware of your presence.
- Keep a keen eye out for hazards, and stay focused on the road at all times.
- Avoid driving in hazardous conditions, such as during heavy rainfall.
- Abide by speed limits and any other road traffic regulations along your route.
- Work to keep your motorcycle in good condition.
What to do if you are involved in a motorcycle accident in Miami.
If you are involved in a motorcycle accident in Miami, knowing what to do in the aftermath of the incident is crucial – both in relation to your safety and seeking compensation.
1. Seek Medical Attention.
Seeking medical attention is crucial in the aftermath of an accident. After all, while some injuries are immediately apparent, others take longer to present themselves, such as concussions. As head injuries are all too common in accidents of this nature, getting checked out is essential.
Therefore, the first thing you should do after an accident (after offering assistance to others) is call for help.
Receiving medical attention will also work in your favor further down the line, should you be taking legal action against the other parties involved, seeking compensation, or even liaising with your insurance. After all, this will act as evidence to back up your claims.
2. File an accident report.
In order to take legal action or seek compensation, you must ensure that your incident is properly reported. While this can vary from state to state, in Florida, you must submit the report, titled the “Florida Traffic Crash Report,” within ten days of the accident. If you did not seek medical support right away, you should ensure that you do so within fourteen days. Otherwise, you may struggle to make a claim further down the line.
3. Gather evidence.
While medical records are always useful, you should also be sure to gather other evidence pertinent to your case. For example, this could include taking photographs of the scene, injuries, and damage to your motorcycle/other involved vehicles. Witness statements are also incredibly valuable.
4. Contact your insurance company.
Following the accident, you must contact your insurance company and provide them with an insight into what is happening. This means that you can begin to initiate the claims process, helping you to recover financially from the motorcycle crash, whether you need to repair your motorcycle or cover medical bills.
5. Seek out legal support.
If you were not at fault, seeking legal support can help you to take action against the perpetrator. This way, they are held accountable for their reckless actions, and you receive the compensation/support you deserve.
While this can not help to heal any injuries you may face, it can give you a much greater mind during your recovery journey while also lessening any financial burdens you face.
Working with a lawyer will help you to better understand your rights as a motorcyclist, so that you are able to navigate the legal landscape and the claims process with confidence. For example, they’ll be able to discuss which laws were violated (as mentioned above) and help when gathering evidence. They’ll also be on hand to answer any questions you may have.
Why is it important to take legal action after being involved in a Motorcycle Accident?
There are many reasons why you should take legal action after being involved in a motorcycle accident. Firstly, it protects the safety of other motorcyclists on the road by dissuading dangerous behavior and ensuring that the relevant parties are held properly accountable. Whether they are met with a fine, or criminal charges, taking them to court reduces the chances of them being involved in further accidents due to negligence.
Beyond this, a motorcycle accident can have a profound impact on your life, affecting both your mental and physical health. For example, one study found that, among those injured in a motorcycle accident, “more than 60% of them showed relevant persistent pain and severe functional deficit in at least one body region” more than two years after the fact. Furthermore, many reported dealing with mental health struggles, such as stress and anxiety.
Furthermore, many of those involved in motorcycle accidents also find that their finances take a hit, too. After all, it could be that you need to cover the cost of repairs or that your motorcycle was written off entirely. You could also be facing numerous medical bills, which will only increase if you need further treatment. Taking action against the perpetrator will give you access to the funds you need to protect your finances, reduce any pressures you face, and enable you to focus on recovery.
Involved in a Motorcycle Accident? We’re here to help.
If you are the victim of a motorcycle accident, it’s perfectly normal to feel overwhelmed at the thought of taking legal action, especially if you have little prior experience with the court system beforehand.
However, at the Law Office of Cary Woods II, we’re here to help you throughout every stage of the process, ensuring that your personal injury claim is successful and that the responsible parties are held accountable for their actions, whether they were driving while distracted or under the influence.
With over 15 years of experience, we’ve supported countless clients who were injured in motorcycle accidents, ensuring that their best interests are protected throughout. You can read reviews from previous clients here.
Not only do we provide our clients with access to 5-star legal services, which allow them to obtain maximum settlements as quickly as possible, but we also do so for a fair and reasonable price. After all, we do not believe that you should have to break the bank in order to access the support you need during a troubling time.
If you’d like to find out more about our services, or would like to request a free case evaluation, please do not hesitate to get in touch today. We look forward to hearing from you and providing you the support you need to move on from the accident with your head held high.
