Do You Need a Lawyer After a Motorcycle Accident?

It makes sense to talk to a lawyer if:

• You were hurt and needed medical treatment
• You don't know which insurance will pay your medical bills
• The driver or an insurer says you were speeding, weaving, or hard to see
• You weren't wearing a helmet and the insurer is using that to cut your claim
• Your injuries are keeping you out of work
• Someone was killed or seriously injured

A consultation with us is free, and there is no obligation. If we take your case, you owe no fee and no costs unless we recover money for you.

Common Causes of Motorcycle Accidents

NHTSA warns drivers that a motorcycle's small size means it can be hidden in a blind spot, and that its narrow profile can make it hard to judge its distance and speed. Common crashes include:

• Left turns: Florida law requires a driver turning left to yield to oncoming traffic that is close enough to be a hazard. Many crashes happen when a driver turns left in front of an oncoming rider. According to NHTSA, in 45% of 2024 fatal crashes between a motorcycle and one vehicle of another type, such as a car or truck, the other vehicle was turning left while the motorcycle was going straight, passing, or overtaking another vehicle.
• Lane changes: A driver moves over without checking a blind spot. Florida law requires drivers to make sure a lane change is safe.
• Dooring: Someone in a parked car opens a door into a rider's path. Florida law prohibits opening a door until it is reasonably safe to do so.
• Rear-end crashes: A driver follows too closely or misses that a rider is slowing down. Riders can slow by downshifting, which does not turn on the brake light.
• Road hazards: Potholes, broken pavement, and debris that a rider must swerve to avoid.
• Defects: A faulty tire, brake, or other part can cause a rider to lose control.

What to Do After a Motorcycle Accident

1. Call 911 and get medical care: Get help for anyone who is hurt and ask for police to come to the scene. See a doctor right away, even if you feel fine. Some injuries take time to show up, and medical records connect your injuries to the crash.
2. Document the scene: If you can do it safely, photograph your motorcycle, the other vehicle, the road surface, and your injuries. Get the other driver's license, plate, and insurance information, and witnesses' phone numbers.
3. Keep your helmet and gear: Don't throw away or repair your helmet, jacket, or other gear, and don't repair or sell your motorcycle until your lawyer says it's OK. They can help show how the crash happened and how you were hurt.
4. Be careful with insurance companies: Report the crash to your own insurer and meet your policy's requirements, but think twice before giving a recorded statement to the other driver's insurer or signing anything it sends you. What you say can be used to reduce your claim.
5. Call a lawyer: The sooner a lawyer gets involved, the sooner evidence such as video footage and vehicle data can be preserved.

Florida Motorcycle Laws You Should Know

PIP does not cover motorcycles

Florida's no-fault law applies to vehicles with four or more wheels. Motorcycles are not included, so Florida does not require motorcycle owners to carry PIP, and PIP generally does not pay for injuries you suffer while riding, even if you have PIP on a car.

How your medical bills get paid

Without PIP, a rider's bills can be paid from several sources:

• Your health insurance, if you have it
• Medical payments coverage on your motorcycle policy, if you bought it
• Uninsured/underinsured motorist (UM) coverage, which is optional in Florida but can pay when the at-fault driver has no insurance or not enough. Depending on its terms, a UM policy on a car in your household may also apply.
• The at-fault driver's bodily injury liability insurance, if the driver has it. Florida generally does not require drivers to carry this coverage.

Pain and suffering claims against the driver

After a car crash, Florida's no-fault law limits claims for pain and suffering unless the injury is permanent or meets another serious-injury standard. Florida appeals courts have held that this limit does not apply to a motorcyclist suing a driver, because PIP does not cover the rider. That means you can seek pain and suffering damages from the at-fault driver even if your injury is not permanent. Claims under your own UM coverage are different: a UM insurer generally owes pain and suffering damages only if the injury meets Florida's serious-injury standard.

Helmet and eye protection laws

Florida law generally requires motorcycle riders to wear a helmet that meets federal safety standards. A rider over 21 may ride without a helmet if covered by an insurance policy that provides at least $10,000 in medical benefits for injuries from a motorcycle crash. Operators generally must also wear approved eye protection.

Helmets and shared fault

If you weren't wearing a helmet, the insurance company may argue that your injuries would have been less serious with one and that your compensation should be cut. Riding without a helmet does not mean you caused the crash, and it does not automatically defeat your claim. Florida courts have required the defense to prove that the lack of a helmet actually caused or worsened the injury. If a helmet would not have prevented or lessened any of your injuries, such as a broken leg with no head injury, the argument should fail.

Shared fault

Florida uses modified comparative negligence. If you are partly at fault, your recovery is reduced by your share of the blame. If you are found more than 50% at fault, you generally cannot recover anything from the other driver. Insurers may point to your speed, your lane position, or riding between lanes of traffic, which Florida law prohibits.

Deadline to file a lawsuit

For motorcycle accidents that happened after March 24, 2023, Florida generally gives you two years from the date of the crash to file a lawsuit. Crashes on or before that date generally have four years. If you miss the deadline, you can lose your claim entirely. Wrongful death claims follow different rules, and claims against a government agency, such as for a dangerous road, have notice requirements that must be met before a lawsuit can be filed, so talk to a lawyer as early as possible.

Pushing Back Against Bias Toward Riders

Riders can run into an unfair assumption that anyone on a motorcycle must have been reckless. An insurer may lean on that assumption to argue that you were speeding or weaving, even when the evidence says otherwise. Florida law entitles motorcycles to the full use of a lane, and no driver may crowd a rider out of it.

We answer bias with evidence, including:

• Witness statements and the police crash report
• Video from nearby businesses, traffic cameras, and dashcams
• Damage to the motorcycle and the other vehicle, which can show speed and the angle of impact
• Accident reconstruction, when needed

What Compensation Can You Recover?

Depending on your case, compensation can include:

• Past and future medical expenses
• Lost wages and lost earning capacity
• Pain and suffering
• Mental anguish and emotional distress
• Loss of enjoyment of life
• Scarring and disfigurement, including from road rash
• Damage to your motorcycle and riding gear

We look at your injuries, treatment costs, lost income, who was at fault, and the insurance available before advising you on any settlement offer.

How We Build Your Motorcycle Accident Case

1. Free consultation: Tell us what happened. We'll tell you in plain terms whether you have a claim and what comes next.
2. Investigation: We gather the crash report, photos, witness statements, video, and medical records.
3. Insurance review: We identify every policy that may pay, including UM coverage in your household.
4. Demand and negotiation: We present your claim to the insurance company and negotiate for a fair settlement.
5. Lawsuit and trial if needed: Some insurers won't make a fair offer until a lawsuit is filed. When that happens, we file suit and get your case ready for a jury.