When It Counts
Florida Wrongful Death & Injury Lawyers
Hollywood, FL Motorcycle Accident Lawyer | Hollywood Motorcycle Accident Attorney
If you or a loved one has been involved in a motorcycle accident in Hollywood, FL, the legal team at Flanagan & Bodenheimer Injury and Wrongful Death Law Firm is here to help. Motorcycle accidents can result in devastating injuries, from broken bones to traumatic brain injuries, often due to the vulnerability of riders on the road.
Our firm exclusively handles personal injury and wrongful death cases, including motorcycle accident claims. We understand the complex nature of these accidents, whether caused by reckless driving, distracted motorists, or hazardous road conditions. By focusing solely on these types of cases, we have developed a deep understanding of the legal strategies necessary to win, including negotiating with insurance companies and pursuing litigation when necessary.
At Flanagan & Bodenheimer, we have a local office in Downtown Hollywood, Florida, offering clients the convenience of a nearby location while receiving top-tier legal representation. Unlike other firms that spread their resources thin, we intentionally limit the number of cases we take on so we can focus entirely on our clients’ needs. This ensures personalized attention, thorough investigation, and aggressive advocacy for your case.
If you’ve been injured in a motorcycle accident in Hollywood, FL, don’t wait to seek legal representation. Time is of the essence, as Florida law imposes a statute of limitations of two years on most personal injury cases. Call our Hollywood office today at 305-638-4143 or fill out our online contact form for a free consultation.
Table of Contents
- Common Causes of Motorcycle Accidents in Hollywood, FL
- Common Injuries Caused By Motorcycle Accidents
- Dangerous Roads & Intersections in Hollywood, FL
- Understanding Florida Motorcycle Accident Laws
- Steps to Take After a Motorcycle Accident in Hollywood, Florida
- Wrongful Death in Motorcycle Accident Cases
- Frequently Asked Questions
- Free Consultation
Common Causes of Motorcycle Accidents in Hollywood, FL
As motorcycle accident lawyers in Hollywood, FL, we’ve seen firsthand how devastating motorcycle accidents can be. Motorcycle riders are especially vulnerable on the road, and even a minor collision can lead to life-altering injuries or fatalities. If you or a loved one has been involved in a motorcycle accident, it’s important to understand the common reasons these accidents happen and how we can help you pursue the compensation you deserve.
Distracted Drivers
One of the most common reasons for motorcycle accidents is distracted driving. Whether drivers are texting, using their GPS, or simply not paying attention, they often fail to see motorcycles. Given the smaller size of a motorcycle, it’s much easier for distracted drivers to overlook riders, leading to accidents at intersections, during lane changes, or when following too closely.
When a driver’s distraction causes your accident, we’ll investigate all available evidence, including phone records, witness statements, and traffic camera footage, to build a strong case for negligence and hold them accountable.
Left-Turn Accidents
Motorcyclists are especially vulnerable to drivers making left-hand turns. This type of accident often occurs when a car turns left in front of a motorcycle at an intersection, misjudging the speed of the rider or simply failing to see them.
Speeding
Speeding remains a significant contributor to motorcycle accidents. A speeding driver has less time to react and is more likely to lose control, leading to a crash with devastating consequences. When the other vehicle is speeding, the injuries sustained by the motorcyclist are often severe or fatal.We work diligently to prove that speeding played a role in your accident, using police reports, witness statements, and expert testimony to support your claim.
Lane Splitting
While lane splitting is illegal in Florida, motorcyclists sometimes engage in this risky behavior to avoid congested traffic. Unfortunately, lane splitting can lead to accidents because drivers may not expect a motorcycle to pass between lanes, and there is little room for error.
If you were involved in an accident while lane splitting, your case may be more complex. Florida’s comparative negligence law may reduce your compensation if you were partially at fault. We will assess the facts of your case and work to minimize any fault assigned to you, ensuring the best possible outcome.
Impaired Drivers
Drunk or drugged driving is another leading cause of motorcycle accidents. Impaired drivers have slower reaction times, impaired judgment, and decreased awareness, making them a serious danger to motorcyclists. Whether the driver was impaired by alcohol, drugs, or prescription medications, these accidents often lead to catastrophic injuries.
Dangerous Road Conditions
Motorcycles are more susceptible to road hazards like potholes, loose gravel, and uneven surfaces. In Hollywood, fluctuating weather conditions and heavy traffic can create dangerous roads for motorcyclists. A sudden hazard can cause a rider to lose control, leading to serious accidents.
In cases where poor road conditions contributed to your accident, we may be able to hold a government entity or contractor responsible for failing to maintain safe roads. We will investigate the circumstances surrounding your accident to identify all liable parties.
Weather-Related Accidents
Hollywood’s weather can change quickly, and rain, strong winds, or wet roads can increase the likelihood of a motorcycle accident. Slippery roads and poor visibility make it harder for both motorcyclists and other drivers to stay safe, often resulting in accidents during or after bad weather.
Inexperienced Motorcyclists
Motorcyclists need proper training and experience to handle their bikes safely, especially in high-traffic areas like Hollywood. Inexperienced riders may misjudge their speed, overreact to hazards, or lose control during turns, increasing the likelihood of an accident.
If you’re an inexperienced rider involved in an accident, you may still be entitled to compensation if the other driver was negligent. We will thoroughly investigate the accident and build a case that focuses on the actions of the at-fault driver.
Mechanical Failures
A mechanical failure on your motorcycle or another vehicle can lead to a dangerous crash. Faulty brakes, tire blowouts, or engine malfunctions are just a few examples of defects that could contribute to a motorcycle accident.
If your accident was caused by a mechanical failure, we will investigate whether the manufacturer, mechanic, or another party is responsible for the defect. We will work to hold the liable party accountable and pursue the compensation you deserve.
Common Injuries Caused By Motorcycle Accidents
Motorcycle accidents often result in severe injuries due to the lack of protection riders have compared to passengers in cars. Below are some of the most common injuries sustained by motorcyclists in accidents:
- Traumatic Brain Injuries (TBI): Even when wearing a helmet, motorcyclists are vulnerable to head injuries, which can lead to concussions, brain trauma, or long-term cognitive impairments.
- Spinal Cord Injuries: Damage to the spinal cord can result in partial or full paralysis, significantly affecting the victim’s mobility and quality of life.
- Fractures and Broken Bones: Commonly, motorcyclists suffer broken bones in their legs, arms, wrists, and ribs due to the force of the impact and being thrown from the bike.
- Road Rash: When a motorcyclist slides across the pavement during an accident, they can suffer severe skin abrasions, known as road rash, which can lead to infections, scarring, and nerve damage.
- Internal Injuries: The impact of a crash can cause internal bleeding and damage to organs like the liver, lungs, and kidneys, which may not be immediately apparent after the accident.
- Amputations: In severe cases, limbs may be crushed or severed during an accident, requiring partial or full amputation.
- Whiplash and Neck Injuries: The sudden jolt of a collision can cause soft tissue injuries to the neck and back, leading to chronic pain and reduced mobility.
- Facial Injuries: Without a full-face helmet, riders may suffer facial fractures, dental injuries, or lacerations that require extensive reconstructive surgery.
- Burn Injuries: In accidents involving fuel spills or fires, motorcyclists may suffer burn injuries that require long-term medical treatment and rehabilitation.
Dangerous Roads & Intersections in Hollywood, FL
Motorcycle accidents can happen anywhere, but certain roads and intersections in Hollywood, FL, are particularly dangerous due to high traffic volume, poor visibility, or frequent reckless driving. Here are some of the most hazardous areas for motorcyclists in the Hollywood area:
- Hollywood Boulevard & State Road 7 (US 441)
- Sheridan Street & I-95 Interchange
- Young Circle
- Dixie Highway & Pembroke Road
- Federal Highway (US 1)
- Johnson Street & 441 (State Road 7)
- Hollywood Boulevard & I-95 Interchange
- Taft Street & North Park Road
Understanding Florida Motorcycle Accident Laws
Florida’s Helmet Law
Florida’s helmet law is outlined in Florida Statute § 316.211. Motorcyclists over the age of 21 are allowed to ride without a helmet as long as they have a minimum of $10,000 in insurance to cover injuries resulting from an accident. Motorcyclists under 21 years of age must wear a helmet at all times.
Although Florida allows riders to forgo helmets, wearing one is proven to reduce the risk of severe injury or death in the event of an accident. Keep in mind that failure to wear a helmet can sometimes be used by insurance companies to reduce compensation in personal injury cases, even if it was not a direct cause of the accident.
No-Fault Insurance Does Not Apply to Motorcycles
Florida’s no-fault insurance law, found in Florida Statute § 627.736, mandates that drivers carry Personal Injury Protection (PIP) insurance. However, motorcycles are excluded from this requirement. This means motorcyclists cannot rely on their own PIP coverage for medical bills or lost wages after an accident, and should instead pursue compensation from the at-fault party through a personal injury claim.
Florida’s Comparative Negligence Rule
Under Florida Statute § 768.81, the state follows a pure comparative negligence rule, which allows accident victims to recover compensation even if they are partially at fault for the accident. The compensation they receive is reduced in proportion to their degree of fault. For instance, if a motorcyclist is found to be 20% at fault for the crash, their total compensation would be reduced by that percentage.
Statute of Limitations for Motorcycle Accident Claims
As of 2023, following the passage of House Bill 837, the statute of limitations for filing a personal injury claim in Florida is two years from the date of the motorcycle accident. If you fail to file your claim within this two-year window, you may be barred from recovering any compensation, regardless of the strength of your case.
Lane-Splitting Is Illegal in Florida
Lane-splitting, the act of riding between lanes of slow-moving or stopped traffic, is explicitly prohibited in Florida under Florida Statute § 316.209. Motorcyclists must stay within a designated lane and follow the same traffic rules as other motor vehicles. Violating this law can not only result in fines but also make the rider liable for any resulting accidents.
Steps to Take After a Motorcycle Accident in Hollywood, Florida
- Seek Immediate Medical Attention: Prioritize your health, even if your injuries seem minor. Some injuries may not be immediately apparent.
- Call the Police: Report the accident and ensure an official report is filed, which can be valuable for your case.
- Document the Scene: Take photos of the accident scene, your injuries, your motorcycle, and any other vehicles involved, as well as road conditions and traffic signs.
- Collect Witness Information: Get contact details from any witnesses who can support your version of events.
- Exchange Information: Gather insurance and contact information from the other driver(s) involved, but avoid discussing fault.
- Avoid Giving Statements to Insurance Companies: Don’t speak to insurance adjusters without legal guidance. Their goal is to minimize payouts.
- Preserve Evidence: Keep records of your medical treatment, repairs, and any other documentation related to the accident.
- Consult a Motorcycle Accident Lawyer: Contact Flanagan & Bodenheimer for a free consultation to review your case and protect your rights.
- Follow Legal Advice: Work closely with your attorney to file your claim and pursue compensation.
Wrongful Death in Motorcycle Accident Cases
Tragically, motorcycle accidents often result in fatalities. If your loved one was killed in a motorcycle accident, you may have the right to file a wrongful death claim. Losing a family member in such an incident is not only emotionally devastating but can also bring financial challenges, especially if the deceased was a primary income earner. Under Florida Statute 768.16–768.26, Florida’s Wrongful Death Act allows certain family members to recover compensation for:
- Funeral and burial expenses
- Medical bills related to the deceased’s final injury
- Loss of companionship and emotional support
- Loss of future financial support and benefits
- Pain and suffering experienced by surviving family members
Who Can File a Wrongful Death Claim in Florida?
Florida law specifies who is eligible to file a wrongful death claim on behalf of the deceased. According to Florida Statute 768.20, the personal representative (often named in the deceased’s will or appointed by the court) is responsible for filing the wrongful death lawsuit. This lawsuit is filed on behalf of the deceased’s surviving family members, who are referred to as “beneficiaries.” These beneficiaries typically include:
- The spouse of the deceased
- Children of the deceased
- Parents of the deceased
- Other relatives who were dependent on the deceased for support
The compensation recovered in the wrongful death claim is distributed among these family members according to their relationship to the deceased and their financial dependence on the person who passed away.
Statute of Limitations for Wrongful Death Claims in Florida
It’s important to act quickly when filing a wrongful death claim. According to Florida Statute 95.11, the statute of limitations for wrongful death lawsuits is two years from the date of the deceased’s passing. This means that you have a limited window of time to pursue legal action, and waiting too long could result in losing your right to seek compensation.
At Flanagan & Bodenheimer, we encourage families to reach out as soon as possible after a fatal motorcycle accident. The sooner we can start investigating the circumstances of the accident, the stronger your case will be.
If you’ve lost a loved one in a motorcycle accident in Florida, you don’t have to navigate the legal process alone. At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we are committed to helping families seek justice and compensation after a wrongful death.
Contact our office today at 305-638-4143 for a free consultation. We will review the details of your case and help you understand your legal options.
Frequently Asked Questions
What compensation can I recover after a motorcycle accident in Hollywood?
If you’ve been injured in a motorcycle accident, you may be entitled to compensation for:
- Medical expenses (both current and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Property damage (such as repairs to your motorcycle)
- Wrongful death damages if a loved one was killed in the accident The amount of compensation depends on the severity of your injuries, your medical needs, and the circumstances of the accident.
What if the at-fault driver doesn’t have enough insurance to cover my damages?
If the at-fault driver has insufficient insurance, you may need to rely on uninsured/underinsured motorist (UM/UIM) coverage, if you have it. UM/UIM insurance covers your damages when the other driver lacks adequate coverage. Additionally, our law firm can help explore other avenues for recovery, such as pursuing claims against third parties, or exploring the at-fault driver’s assets.
What if I wasn’t wearing a helmet during the accident?
Florida law allows riders over 21 to ride without a helmet, as long as they carry at least $10,000 in medical insurance. However, not wearing a helmet could still affect your claim, especially if it’s determined that your injuries were more severe because of it. In such cases, the defense may argue that you contributed to your injuries, potentially reducing your compensation under the comparative negligence rule.
Can I still file a claim if the accident involved a hit-and-run driver?
Yes, you can still file a claim if the accident was caused by a hit-and-run driver, but the process may be more complex. In cases where the at-fault driver cannot be identified, you may be able to file a claim through your own uninsured motorist (UM) coverage, if you have it. It’s important to report the hit-and-run to the police immediately and consult a lawyer to explore all available options for recovering compensation.
Do I need to report a motorcycle accident to my insurance company, even if it wasn’t my fault?
Yes, you should report the accident to your insurance company as soon as possible, even if the other driver was at fault. Failing to report the accident promptly could lead to complications with your claim, and some insurance policies have strict time limits for reporting accidents. However, avoid making detailed statements or accepting any settlements without consulting an attorney first.
How long does it take to settle a motorcycle accident claim in Florida?
The length of time it takes to settle a motorcycle accident claim depends on several factors, such as the severity of your injuries, the complexity of the case, and whether the insurance company disputes liability. Some claims may settle in a few months, while others, particularly those involving significant injuries or contested liability, may take over a year or even require litigation. Our team works diligently to resolve cases as quickly as possible while ensuring you receive fair compensation.
Do I need to go to court for my motorcycle accident claim?
Not necessarily. Most motorcycle accident claims are resolved through settlements with the at-fault party’s insurance company. However, if the insurance company refuses to offer a fair settlement or disputes liability, filing a lawsuit and going to court may be necessary. At Flanagan & Bodenheimer, we prepare every case as if it’s going to trial to ensure the best possible outcome, whether through settlement or litigation.
Can I file a motorcycle accident claim if I was injured as a passenger?
Yes, as a motorcycle passenger, you have the right to file a claim if you were injured in an accident, whether the motorcyclist, another driver, or a combination of both were at fault. You can seek compensation for your medical expenses, lost wages, pain and suffering, and other damages. Our attorneys can help determine the responsible party and ensure you pursue a claim against the appropriate person or entity.
Resources For Motorcycle Drivers
Florida Department of Highway Safety and Motor Vehicles (FLHSMV): The FLHSMV provides motorcycle safety guidelines, accident statistics, and information on Florida’s motorcycle laws.
Amputee Coalition (For Motorcycle Accidents Resulting in Amputations): If a motorcycle accident results in an amputation, this nonprofit organization offers extensive resources, peer support, and education for those facing limb loss. They also provide access to local support groups.
AAA Roadside Assistance: AAA offers emergency roadside assistance for motorcyclists. If you are involved in an accident or your bike breaks down, AAA provides towing and other support services with a membership.
National Highway Traffic Safety Administration (NHTSA) – Motorcycle Safety: The NHTSA provides information on motorcycle safety, accident prevention, and riding techniques. Their website includes statistics and safety campaigns aimed at reducing motorcycle-related injuries and deaths.
National Motorcycle Safety Fund: The Motorcycle Safety Foundation offers rider education, advocacy for motorcyclists’ rights, and safety resources. The foundation supports initiatives to improve motorcycle safety and reduce accidents.
Florida Department of Health Brain & Spinal Cord Injury Program: The Brain and Spinal Cord Injury Program (BSCIP) is administered by the Florida Department of Health. BSCIP provides all eligible residents who sustain a traumatic brain or spinal cord injury the opportunity to obtain the necessary services that will enable them to return to an appropriate level of functioning in their community.
Florida Motorcycle Safety Coalition: This coalition aims to reduce motorcycle injuries and fatalities through education, awareness, and research. They offer resources for riders to stay safe on the road.
Contact A Hollywood Motorcycle Accident Lawyer For a Free Consultation
If you or a loved one has been involved in a motorcycle accident in Hollywood, FL, resulting in personal injury or wrongful death, Flanagan & Bodenheimer Injury and Wrongful Death Law Firm is here to help. When you work with our firm, our Florida motorcycle accident lawyers will:
- Conduct a Thorough Investigation: We will gather evidence, including witness statements, traffic camera footage, and police reports, to build a strong case on your behalf.
- Handle Insurance Negotiations: We will take on the insurance companies and pursue a fair settlement to cover your medical expenses, lost wages, and other damages.
- Pursue Full Compensation: If a settlement isn’t reached, we are prepared to take your case to court and aggressively advocate for your rights.
- Guide You Through the Legal Process: From filing your claim to navigating Florida’s complex legal system, we will be with you every step of the way, answering your questions and offering personalized support.
If you’ve been injured in a moped or motorcycle accident near Hollywood Beach or on the streets of Miami, Fort Lauderdale, or surrounding areas, you may be entitled to compensation. These popular tourist destinations see a high volume of traffic, and motorcycle riders are particularly vulnerable to collisions with other vehicles, road hazards, and distracted drivers.
Don’t wait to seek legal assistance. Contact a motorcycle accident lawyer today at 305-638-4143 for a free consultation to discuss your potential personal injury or wrongful death claim. Let us handle the legal burdens while you focus on healing and moving forward.