Navigating Wrongful Death Claims for Fatal Motorcycle Accidents in Miami, Florida

Motorcycle accidents often have devastating consequences, particularly in busy cities like Miami where traffic congestion and high-speed highways create a dangerous environment for riders. Tragically, many motorcycle accidents result in fatalities, leaving families grappling with the emotional and financial fallout of losing a loved one. In these cases, families may have the right to pursue a wrongful death claim to seek justice and compensation for their loss.

This blog explores wrongful death claims for fatal motorcycle accidents in Miami, including who can file a claim, what compensation is available, and how to navigate the legal process under Florida law. 

If you lost a loved one in a motorcycle accident in Florida, contact our personal injury attorneys at 305-638-4143 for a free consultation in English or Spanish.

What Is a Wrongful Death Claim in Florida?

A wrongful death claim arises when an individual dies due to the negligence, recklessness, or intentional misconduct of another party. In Florida, a wrongful death claim allows the surviving family members or the deceased’s estate to seek compensation from the at-fault party. For motorcycle accidents, wrongful death claims often stem from:

• Driver negligence: Distracted driving, speeding, or failure to yield.
• Drunk or impaired driving: Operating a vehicle under the influence of alcohol or drugs.
• Defective roadways: Poorly maintained or hazardous road conditions.
• Vehicle defects: Mechanical failures or design flaws in the motorcycle or another vehicle involved in the crash.

Why Are Motorcycle Accidents Often Fatal?

Motorcyclists are significantly more vulnerable on the road than occupants of cars or trucks. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 28 times more likely to die in traffic accidents than passengers in other vehicles. Factors contributing to the high fatality rate include:

• Lack of external protection: Unlike cars, motorcycles lack airbags, seatbelts, and a protective frame.
• Limited visibility: Motorcycles are smaller and less visible to other drivers, increasing the risk of collisions.
• High-impact forces: Collisions at high speeds often result in catastrophic injuries for riders.

Who Can File a Wrongful Death Claim for a Motorcycle Accident in Miami?

In Florida, a wrongful death claim must be filed by the personal representative of the deceased’s estate. This individual is typically named in the deceased’s will or estate plan. If no such representative is designated, the court may appoint one. Family members can apply to be appointed personal representative.

The claim is filed on behalf of the deceased’s surviving family members, who may include:

• Spouse: The deceased’s surviving spouse is often entitled to compensation for loss of companionship and financial support.
• Children: Minor children may recover damages for loss of parental guidance, care, and support. Adult children may also have a claim in certain circumstances.
• Parents: If the deceased is a minor, the parents may file a claim for loss of companionship and mental anguish.
• Other financially dependent relatives: Siblings or other relatives who relied on the deceased for financial support may be eligible to recover damages in some cases.

What Damages Are Available in a Wrongful Death Claim?

Florida law allows families to recover both economic and non-economic damages in a wrongful death claim. These damages aim to compensate for the financial and emotional losses suffered by the surviving family members and the deceased’s estate.

Economic Damages

• Medical expenses: Costs of medical treatment incurred before the deceased passed away.
• Funeral and burial costs: Expenses related to laying the deceased to rest.
• Loss of financial support: Compensation for the income and benefits the deceased would have provided to the family.
• Loss of services: The value of household or caregiving services the deceased performed.

Non-Economic Damages

• Pain and suffering: Compensation for the emotional pain and mental anguish experienced by the surviving family members.
• Loss of companionship: Damages for the loss of the deceased’s love, companionship, and guidance.
• Loss of parental care: For minor children, compensation for the loss of parental guidance and support.

Challenges in Wrongful Death Motorcycle Accident Claims

Wrongful death claims for motorcycle accidents can be complex due to several factors:

• Bias against motorcyclists: Insurance companies and juries may unfairly assume the motorcyclist was reckless or at fault for the accident.
• Multiple liable parties: In some cases, more than one party may be responsible, such as another driver, a vehicle manufacturer, or a government entity responsible for road maintenance.
• Insurance disputes: Insurers may attempt to minimize the payout or argue over coverage limits.

Working with an experienced wrongful death attorney can help overcome these challenges and build a strong case for compensation.

How Florida’s Comparative Negligence Law Affects Wrongful Death Claims

Until March 24, 2023, Florida operated under a pure comparative negligence system. That meant that each party that is involved in a car accident is responsible to pay for their proportionate share of the damages caused. 

On March 24, 2023, Florida accident law changed (See House Bill 837).  Now, Florida operates under a modified comparative negligence system.  This means that if an accident victim is more than 50% responsible for causing their own damages, then they are completely prohibited from making any recovery against the other parties responsible for the crash (See Florida Statutes Section 768.81).

Our attorneys can help gather evidence, such as accident reports, witness statements, and expert testimony, to minimize any fault attributed to the deceased and maximize the compensation awarded.

Why Hire Our Miami Wrongful Death Attorneys?

Wrongful death claims not only require navigating through complex legal procedures but also demand sensitivity and care during a time of profound grief. Beyond financial compensation, these claims provide an opportunity to hold negligent parties accountable, ensuring that similar tragedies may be prevented in the future. An experienced attorney can provide a steady hand throughout this process, helping your family make informed decisions and focusing on the legal complexities while you concentrate on healing.

An experienced motorcycle accident attorney can:

• Investigate the circumstances of the accident.
• Identify all liable parties.
• Calculate the full extent of damages.
• Negotiate with insurance companies to secure a fair settlement.
• Represent your family in court if necessary.

In Florida, families have two years from the date of the incident to file a wrongful death claim. Failing to meet this deadline can result in the loss of the right to pursue compensation. This is why it’s important to contact a knowledgeable personal injury lawyer as soon as possible.

If your family has suffered the loss of a loved one in a fatal motorcycle accident, contact Flanagan & Bodenheimer at 305-638-4143 for a free consultation. Our experienced attorneys will guide you through the legal process, fight for your family’s rights, and help you achieve the justice you deserve.