Close
Table of Contents

    Although motorcycles provide economical and efficient transportation through the city and plenty of fun on the weekends, motorbike crashes often have devastating consequences. Without any protection from impacts, riders are vulnerable to severe injuries.

    Unfortunately, many drivers fail to notice motorcycles on the road, which leads to serious collisions. Other drivers simply do not respect motorcyclists’ rights to be on the road. Thankfully, in these situations, any driver whose negligence contributed to a crash is liable to compensate an injured biker.

    A Miami Gardens motorcycle accident lawyer can help an injured rider understand their legal options for pursuing compensation. A Miami Gardens personal injury attorney like David Fuchs can help a plaintiff determine the best path forward.

    What Usually Causes Motorcycle Accidents?

    Most motorbike accidents are caused by recklessness, carelessness, or negligence. In the legal sense, negligence means not using a reasonable degree of care to avoid harm to others.

    Motorcycle crashes often result from drivers’ failure to take reasonable care. These accidents could happen if a driver does not see an oncoming motorcycle while turning or if they open their door into a biker’s path. Drivers also might cut off motorcycles when changing lanes or fail to give a motorcyclist the space they deserve on a busy road. Distracted or impaired driving also leads to many preventable crashes. All of these examples involve negligent behavior, so they might entitle a plaintiff to pursue financial compensation.

    A Miami Gardens attorney can review any relevant police reports, witness statements, surveillance videos, and physical evidence to identify potentially negligent conduct. They can then use this evidence to strengthen a motorcycle accident claim.

    Comparative Negligence and Motorcycle Traffic Laws

    During the process of filing a motorcycle accident claim, it is crucial to understand how a court might assign blame. State law follows the rule of pure comparative negligence, meaning each party to an accident is responsible for their role in it. If a motorcyclist’s own negligence played a role in a collision, they can likely still seek damages from other negligent parties, but their compensation might be limited by how much they were involved in the crash. For instance, a motorcyclist who was violating traffic laws will almost always be at least partially responsible for a wreck.

    What Are Some Motorcycle Specific Traffic Laws?

    According to Florida Statute §316.209, motorcycles can occupy a full lane or ride two abreast. However, motorcycles cannot pass a vehicle in the same lane. They also may not ride on the line between lanes of traffic, a practice called lane splitting. A rider who passes unsafely in any of these ways is negligent and could be partially liable for an accident.

    Meanwhile, state law does not require adult motorcyclists to wear a helmet. Riders can decide not to wear any head protection but failing to wear a helmet might reduce one’s chance of collecting compensation in the event of a crash. For instance, if a helmetless rider suffers head or facial injuries in a collision, the other parties could claim that the motorcyclist’s failure to wear a helmet worsened their injuries.

    While allegations of comparative fault for a motorcycle accident can be frustrating and challenging to handle alone, a tenacious Miami Gardens lawyer like David Fuchs can help with protecting one’s integrity and right to compensation after a crash.

    How Does Insurance Work in Motorcycle Accident Claims?

    There are a few important things to understand about insurance policies in motorcycle accident cases. First, all motorcyclists must carry bodily injury insurance in case they hurt someone else. Second, motorcycle riders who choose not to wear a helmet must have at least $10,000 in medical insurance coverage, but they do not need the personal injury protection (PIP) that automobile drivers need to purchase.

    It is also key to realize that if a motorbike rider suffers significant injuries in a crash, their insurance is will likely not cover their medical expenses and lost wages. Instead, they usually need turn to the at-fault driver’s insurance company for compensation. Through a claim, a motorcyclist could pursue compensation for their medical expenses and lost income. In many cases, an injured motorcycle rider could also receive compensation for their pain and suffering.

    Unfortunately, insurers often strenuously resist paying damages to motorcyclists. They might contend that the motorbike rider is responsible for the crash, even when clear evidence indicates otherwise. An injured Miami Gardens motorcyclist needs an experienced attorney like David Fuchs to fight for their right to compensation after a collision.

    Call a Miami Gardens Motorcycle Accident Attorney about Your Claim

    Motorcycle accident injuries are often severe, and you need time and rest while you recover. You should not have to worry about civil claims or legal processes while recovering, so leave the business of pursuing your insurance claim and seeking compensation to a legal professional like David Fuchs.

    A Miami Gardens motorcycle accident lawyer has years of experience representing people in need. Our legal team understands the issues that arise and how to present your case to get the maximum compensation possible under the circumstances. Call today to schedule a case review.

    Client Testimonials

    “…the settlement I received was much higher than anticipated”

    Fuchs was my car accident attorney and was very responsive from the first call. I had medical care the next day and the whole process was smooth. They handled everything with the insurance companies and coordinated all of the necessary medical information. It was a long process and in the end the settlement I received was much higher than anticipated I am more than happy and grateful for the outcome.

    Sean O.
    Google Review
    “Not only did I get the medical attention I needed but I was compensated handsomely.”

    It’s been a long bumpy road to recovery but with David and his office’s help, we finally got it done! Through a great network of professionals, David Fuchs makes a good experience out of what could’ve been quite a headache. Not only did I get the medical attention I needed but I was compensated handsomely. Thank you!

    Giovanni G.
    Google Review
    “…they didn’t settle for anything and my boyfriend and I got what we deserved.”

    I got in an accident in December 2021 when everyone was short staffed and insurance companies was not responsive. My boyfriend reached out to David F. and what a life changing experience. We had the pleasure of having all our worries handed to professional help. They worked diligently on our case, answered questions when asked and kept us updated on changes. More importantly they didn’t settle for anything and my boyfriend and I got what we deserved. I have dealt with others in the past but David got me the most according to the facts presented and never backed down when the insurance companies tried to make us settle for less. Thank you David, Jessica and the team for all your effort and hard work. I will recommend them to family and friends. [They’re] the best in town!

    Sheila N.
    Google Review
    “Best lawyer in Broward County”
    Evans P.
    Google Review
    “Mr. Fuchs and his staff were very helpful.”

    I highly recommend Law offices of David Fuchs. Mr. Fuchs and his staff were very helpful. The case was handled in a timely manner and I was always informed if there were any changes or updates with my case.

    Velouse G.
    Google Review
    “Mr. Fuchs is one of the hardest working attorneys that I know.”

    Mr. Fuchs is one of the hardest working attorneys that I know. He is really good at what he does and puts 110% in you case. I have been using him for 19 years now and refer all my friends to him. I can leave him alone with my case and not call him all the time. I know he is working hard in my case. When he has any information he calls me and we go from there. There are not a lot of attorneys I can do that with! If you have any Personal Injuries please do call him. You won’t be disappointed!!

    Libby E.
    Google Review
    “I would definitely refer to this firm as the go-to Florida personal injury gurus.”

    At first I was afraid…I was petrified! I truly was! But the extensive knowledge, patience and professionalism I received brought me not only such peace and assurance that I was in good hands, but we got through my case like shining stars! David made sure I understood exactly what, when, where, why and [answered] whatever question I had. I would definitely refer to this firm as the go-to Florida personal injury gurus.

    Donna M.
    Google Review
    “They have a wonderful team.”

    …took care of my well-being [and were] very informative about my situation. [T]hey were on the ball when it came down to settling…I highly recommend David.

    Nicholas G.
    Google Review
    “My experience with David Fuchs was awesome.”

    I got a really good return… thank you David Fuchs and staff for being so helpful and working so hard to help us, you are appreciated.

    Yvette W.
    Google Review
    “This is a great law office.”

    The David I Fuchs law office is a group of excellent people that helped to their fullest potential. They treated me with respect and I really appreciate that. This is a great law office.

    Jonathan Z.
    Google Review
    “Never did I imagine myself getting into an accident.”

    It has been an unexpected journey since stepping foot in Florida. Never did I imagine myself getting into an accident. I just want to thank the staff and all the support. The Therapy the doctors; you guys were awesome and made me feel better in my situation. This the first time I ever experience such a thing but I’m blessed , thankful and behind it all DAVID FUCHS who made it happen for me.

    Sade P.
    Google Review
    “They helped tremendously!”

    I would totally recommend David to everyone. They’re extremely professional and work in a timely manner. They helped tremendously!

    A Boone
    Google Review
    “I highly recommend this man.”

    A good man knows, his law 35 years experience. Will get the job done and help you and your family get compensated for you pain and damages. I highly recommend this man. I want to revisit my review and say that Mr. Fuchs always picks up his phone and answer any questions that may pertain to my case. Thank you, David.

    N. Hit
    Google Review
    “He was able to settle my case with little to no trouble and did so in a very professional manner.”

    David Fuchs was my car accident attorney. He was able to settle my case with little to no trouble and did so in a very professional manner. I would highly recommend him to others.

    Samantha D.
    Google Review
    “…all went good and successful. thank you so much for all your help.”

    I got into an accident for the first time and I didn’t know what do or how things works, but I was lucky to find a professional and helpful people to guide through this experience.
    They did take care of my case all went good and successful thank you so much for all your help.

    Karen G.
    Google Review
    “Very professional. Had no problems with communication”
    Zuberi L.
    Google Review
    “He was there every time I called and got me a great settlement.”

    I was in a car accident and looking for a professional, caring attorney.I was fortunate to find Mr. Fuchs, who helped me through the whole process. He was there every time I called and got me a great settlement.

    Joan K.
    Google Review
    “My settlement was fast, fair and professionally handled.”

    Had a car accident and needed an advocate to communicate my concerns through my insurance provider. The law office of David Fuchs, was efficient and thorough. My settlement was fast, fair and professionally handled. Would highly recommend giving this office a call if you need legal assistance.

    Willie M.
    Google Review
    “A+++++ recommended.”

    I want to thank the office of David Fuch’s. A+++++ recommended.

    J. Hernandez
    Google Review
    “I could not have asked for a better team by my side.”

    They were very helpful. I could not have asked for a better team by my side.

    S. Rodriguez
    Google Review
    “They got me my settlement pretty quickly and worked hard on my case for me.”

    I was in an accident mid last year and Mr. Fuchs handled my case and his case manager[s] Yessi and Jessica were very informative as to the process. They got me my settlement pretty quickly and worked hard on my case for me. Mr. Fuchs was extremely knowledgeable and informed me of everything that would happen in my case. I will recommend this firm to my family and friends and i will be using their services in future if need be.

    Pastor D.
    Google Review