Motorcycle Accident FAQ

It is strongly recommended, yes. Motorcycle claims tend to be more contentious than regular car accident cases because insurers often try to pin the blame on the rider. A lawyer who handles motorcycle cases knows how to counter those arguments, deal with the insurance company, and go after the full value of your injuries.

Motorcycle crashes tend to cause more severe injuries than car accidents, such as broken bones, road rash, spinal injuries, TBIs, and so settlements tend to skew higher. Moderate injuries might settle in the tens of thousands. Catastrophic injuries or wrongful death cases can reach into the hundreds of thousands or millions.

Call 911 and get medical attention immediately, even if you think you’re okay. Take photos of the scene, get witness’s contact information, and swap details with the other driver. Don’t admit fault or give a recorded statement to any insurer. Hold onto your damaged gear and bike; they’re evidence. Then, contact a motorcycle accident attorney as quickly as you can.

Florida requires motorcycle registration but doesn’t mandate PIP or bodily injury liability coverage for riders.

Investigators will look at police reports, witness statements, traffic camera footage, accident reconstruction analysis, and physical evidence from the scene in order to determine fault. From there, Florida’s modified comparative negligence system assigns each party a percentage of fault. If you’re found 51% or more responsible, you recover nothing. Common factors include speeding, lane-splitting, failure to yield, and distracted driving by either party.

Motorcycles offer very little protection in a collision, so some of the most common injuries include traumatic brain injuries, spinal cord damage, broken bones, road rash, internal organ injuries, and amputations. Even a low-speed crash can cause life-changing harm.

In Florida, riders over 21 can go helmetless if they carry adequate insurance. But if you weren’t wearing one and you suffered a head injury, the defense will almost certainly argue the helmet would have reduced the damage. That could lower your compensation under comparative negligence.

You have two years from the date of the accident for an injury claim, and two years from the date of death for a wrongful death claim. Same deadline as other negligence cases under HB 837.

You can recover economic damages for medical bills, future care costs, lost wages, reduced earning capacity, and property damage. You can also recover non-economic damages for pain and suffering, emotional distress, scarring, disfigurement, and loss of enjoyment of life. In cases where the other party’s behavior was especially reckless, punitive damages may be on the table.