Best Motorcycle Accident Lawyers in Florida

About Motorcycle Accident Law in Florida, United States

Motorcycle accidents are a significant concern in Florida, which consistently ranks among the states with the highest number of motorcycle crashes and fatalities. Due to Florida's warm climate and scenic roads, motorcycling is popular year-round, but this also leads to a higher risk of accidents. Motorcycle accident law in Florida focuses on determining liability in a crash, ensuring injured parties are compensated for their losses, and establishing who is responsible for damages. Laws address not only compensation for injuries but also regulations related to helmets, insurance, and the conduct of all motorists on the road.

Why You May Need a Lawyer

Navigating the aftermath of a motorcycle accident can be complex and stressful. A lawyer can provide crucial assistance in several scenarios, such as:

• When fault is disputed or not clear.
• If you suffered serious injuries that require extensive medical treatment or result in long-term disability.
• When dealing with insurance companies that deny claims or offer settlements well below your needs.
• If there is disagreement about the value of your motorcycle or property damage.
• When the accident involved multiple parties, commercial vehicles, or government property.
• If you are accused of causing the accident or violating traffic laws.
• When you need help understanding your rights and navigating the legal process while recovering from your injuries.

Local Laws Overview

Florida’s motorcycle laws have several unique aspects that impact accident claims:

• Helmet Regulations: Motorcyclists over the age of 21 may ride without a helmet if they carry at least $10,000 in medical insurance coverage for injuries resulting from a crash.
• Comparative Negligence: Florida follows a modified comparative negligence rule. If you are partially at fault, your compensation is reduced by your percentage of fault. If you are more than 50 percent at fault, you cannot recover damages.
• No-Fault Law Exemption: Florida is a no-fault insurance state for cars, but this does not apply to motorcycles. Motorcyclists are not required to carry Personal Injury Protection (PIP) coverage, so injury claims usually fall under at-fault liability claims against negligent drivers.
• Statute of Limitations: You typically have two years from the date of the accident to file a lawsuit for personal injury or wrongful death. Missing this deadline likely means you cannot pursue compensation in court.
• Insurance Requirements: While PIP is not required, motorcyclists may be held financially responsible for injuries to others and are strongly advised to carry liability, collision, and uninsured motorist coverage.
• Traffic Rules: Motorcyclists must follow all traffic laws and have a valid motorcycle endorsement on their driver’s license.

Frequently Asked Questions

How is fault determined in a motorcycle accident in Florida?

Fault is generally established by examining traffic laws, police reports, witness statements, physical evidence, and sometimes expert testimony. The party whose negligence or violation of the law caused the accident is typically considered at fault.

Can I still recover damages if I was partially at fault?

Yes, under Florida's modified comparative negligence rule, you can recover damages if you are 50 percent or less at fault. However, your compensation is reduced by your percentage of fault.

Am I required to wear a helmet while riding in Florida?

Riders over 21 years old may ride without a helmet as long as they carry at least $10,000 in medical insurance coverage. All riders under 21 must wear a helmet.

What types of compensation are available after a motorcycle accident?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and in severe cases, loss of consortium or wrongful death damages.

Is insurance required for motorcycles in Florida?

While Florida does not require Personal Injury Protection coverage for motorcycles, motorcyclists are responsible for injuries and damages they cause. Liability and other types of coverage are highly recommended.

What should I do immediately after a motorcycle accident?

Seek medical attention even if you feel uninjured, call law enforcement, document the scene, collect contact and insurance information from all involved parties, gather witness information if possible, and contact your insurance provider promptly.

How long do I have to file a lawsuit after a motorcycle accident?

In most cases, you have two years from the date of the accident to file a personal injury or wrongful death lawsuit in Florida.

Can I pursue a claim if the other driver was uninsured?

Yes, but recovery can be more difficult. If you carry uninsured motorist coverage, you may be able to file a claim with your own insurer.

What evidence should I collect to support my claim?

Collect photographs of the scene, vehicles, injuries, police reports, medical records, repair estimates, and names and contact details of witnesses.

Should I consult a lawyer even if I was not seriously injured?

It can still be beneficial to consult a lawyer to ensure your rights are protected, especially since injuries may become more apparent over time, and insurance companies may attempt to minimize payouts.

Additional Resources

For more information and assistance, consider the following organizations and resources:

• Florida Department of Highway Safety and Motor Vehicles (FLHSMV): Provides information on licensing, safety, and crash statistics.
• Florida Justice Association: Offers educational resources and referrals for injury victims.
• National Highway Traffic Safety Administration (NHTSA): Shares national safety tips and accident prevention data specific to motorcycles.
• Local Legal Aid Organizations: Can offer free or low-cost legal advice to those who qualify.
• Florida Bar Lawyer Referral Service: Connects individuals with licensed attorneys experienced in motorcycle accident claims.

Next Steps

If you or a loved one has been involved in a motorcycle accident in Florida, you should:

• Prioritize immediate medical care for any injuries, no matter how minor they may seem.
• Report the accident to police and obtain a copy of the police report.
• Document the scene, collect all relevant contact and insurance information, and gather witness accounts if possible.
• Notify your insurance company about the accident.
• Consult with an attorney who is experienced in Florida motorcycle accident law to understand your rights and possible courses of action.
• Keep records of all expenses, lost wages, repair bills, and communications related to the accident.