Florida Motorcycle Accident Lawyer
Motorcycle riders in Florida have a right to share the road. When a negligent driver causes a crash, the injuries are often catastrophic — fractures, traumatic brain injuries, road rash, spinal damage, and amputations are common outcomes of even moderate-speed motorcycle collisions. At Graves Law, we represent injured motorcyclists throughout Florida and fight to recover full compensation from the drivers and insurance companies responsible for the crash.
Florida is consistently ranked among the most dangerous states in the country for motorcycle riders. According to the Florida Department of Highway Safety and Motor Vehicles, Florida recorded over 8,600 motorcycle crashes in 2024, resulting in more than 500 fatalities. Motorcycle riders represent less than 3 percent of registered vehicles in Florida but account for nearly 20 percent of all traffic fatalities. If you or a family member was injured in a Florida motorcycle accident, contact Graves Law at (407) 308-0327 for a free, confidential consultation.
Rear end crashes can cause serious injuries, even when the impact appears minor. If another driver rear ended you because of distracted driving, following too closely, speeding, or failing to stop, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. At Graves Law, we help injured drivers understand their rights and pursue the compensation they deserve after a rear end accident in Florida.
Get Your Free Confidential Case Review
Why Motorcycle Accident Cases Are Different From Car Accident Cases
Motorcycle accident claims involve legal and factual issues that do not arise in standard car accident cases. Understanding these differences is important to protecting your recovery:
Bias Against Motorcyclists
Insurance adjusters and juries often hold negative preconceptions about motorcycle riders — that they speed, take risks, or are responsible for their own injuries. An experienced motorcycle accident attorney anticipates this bias and builds a case that establishes the at-fault driver’s negligence with objective evidence, including crash reconstruction, dashcam footage, witness testimony, and police reports.
Severe Injuries Mean Higher Stakes
Motorcycle riders have no frame around them, no airbags, and no crumple zones. In a collision, the rider’s body absorbs the full energy of the impact. This means motorcycle crash injuries are typically far more severe than those in car crashes at the same speed. Higher medical expenses, longer recovery periods, and greater permanent impairment all translate into higher case values — and more aggressive pushback from insurance companies.
Helmet Use and Comparative Fault
Florida does not require motorcycle riders over 21 to wear a helmet, provided they carry at least $10,000 in medical insurance coverage. However, if a rider was not wearing a helmet and suffered a head injury, the at-fault driver’s insurance company will argue the rider’s comparative fault should reduce the damages award. Under HB 837, if a jury finds you more than 50 percent at fault, you cannot recover damages. An attorney must counter these arguments with evidence showing the driver’s conduct was the primary cause of the crash.
Florida's No-Fault System Does Not Apply to Motorcycles
Florida’s Personal Injury Protection (PIP) insurance system covers motor vehicles, not motorcycles. This means motorcycle riders do not have PIP coverage to pay for immediate medical bills after a crash. Your recovery depends on the at-fault driver’s bodily injury liability coverage, your own health insurance, and any uninsured motorist coverage you carry on your motorcycle policy. If the at-fault driver carries insufficient coverage, your UM/UIM policy is critical.
Uninsured Motorist Coverage for Motorcycle Riders
Florida does not require drivers to carry bodily injury liability insurance. Many Florida drivers carry only the minimum $10,000 property damage coverage with no bodily injury coverage at all. For a motorcyclist suffering $200,000 in medical bills, a driver with no bodily injury coverage leaves the rider with no source of recovery except their own UM/UIM policy. We strongly recommend that every Florida motorcycle rider carry substantial UM/UIM coverage on their motorcycle policy.
INJURED IN A MOTORCYCLE ACCIDENT?
If you were injured in a motorcycle accident caused by another driver, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other losses. Do not let the insurance company decide what your claim is worth. Call or Text 407-308-0327 today for a free case evaluation. You pay no attorney fee unless we recover compensation for you.
Common Causes of Motorcycle Accidents in Florida
The majority of serious motorcycle accidents in Florida are caused by the negligent acts of passenger vehicle drivers:
Left-Turn Accidents
The most common motorcycle crash scenario in Florida is the left-turn collision, where a driver turning left at an intersection fails to yield to an oncoming motorcycle. The driver often claims they did not see the motorcycle, but failure to see a motorcycle that had the right of way is itself evidence of negligence. Left-turn accidents frequently cause head-on impacts at high closing speeds.
Lane Change Crashes
Drivers who change lanes without checking mirrors or blind spots are a leading cause of motorcycle crashes on Florida’s multi-lane highways, including I-4, I-95, I-75, and the Florida Turnpike. A motorcycle in a driver’s blind spot is small enough to miss on a quick mirror check, but drivers have a duty to ensure the lane is clear before changing.
Rear-End Collisions
A rear-end collision that produces minor property damage in a car crash can be fatal on a motorcycle. Distracted drivers following too closely have rear-ended stopped or slowing motorcyclists at intersections and in traffic. Florida Statute 316.0895 prohibits following too closely, and a violation is evidence of negligence.
Dooring
In urban areas including downtown Orlando, Tampa, and Miami, motorcyclists have been struck by car doors opened into traffic lanes. Florida Statute 316.2006 prohibits opening a vehicle door on the side of moving traffic without ensuring it is safe to do so.
Drunk or Impaired Driving
Florida’s entertainment corridors, including Ybor City in Tampa, South Beach in Miami, and International Drive in Orlando, generate significant impaired driving. A DUI crash causing serious injury to a motorcyclist may support a claim for punitive damages in addition to compensatory damages under Florida Statute 768.72.
Dangerous Road Conditions
Road hazards that a car driver might not notice, gravel, sand, wet pavement, potholes, uneven pavement at railroad crossings, and poorly marked construction zones, can cause a motorcyclist to lose control without any other vehicle being involved. When a road defect causes a motorcycle crash, a claim against the government entity responsible for road maintenance may be available, subject to Florida Statute 768.28 sovereign immunity requirements.
What to Do After a Motorcycle Accident in Florida
- Call 911 immediately. A police report is essential. Do not leave the scene before officers arrive. The report documents road conditions, witness statements, and often contains the officer’s preliminary assessment of fault.
- Seek emergency medical care. Even if you feel you can walk away, go to the emergency room. Motorcycle crash injuries including internal bleeding, spinal injuries, and traumatic brain injuries may not produce obvious symptoms immediately. A gap in treatment becomes an insurance defense argument.
- Document the scene. Photograph the crash site, all vehicles involved, your motorcycle damage, the road surface, any skid marks, traffic controls, and your injuries. Do this before the scene is cleared if at all possible.
- Preserve your helmet and gear. Do not discard or repair your helmet, jacket, or other riding gear before an attorney can inspect it. Damage to gear is physical evidence of the impact.
- Get witness contact information. Names and phone numbers. If anyone captured the crash on dashcam or phone video, ask them to preserve the footage.
- Do not give a recorded statement to the other driver’s insurance company. They will use your statement to reduce your claim. Refer all communications to your attorney.
- Contact Graves Law at (407) 308-0327 for a free consultation. We can begin investigating the crash and preserving evidence immediately.
Damages Available in a Florida Motorcycle Accident Case
Medicl Expenses
You may recover compensation for:
- Emergency treatment
- Surgery
- Hospitalization
- Rehabilitation
- Physical therapy
- Future medical care for permanent injuries.
Lost Wages and Diminished Earning Capacity
You may also recover for:
- Income lost during recovery
- Projected future earnings lost due to permanent impairment
Pain and Suffering,
This category includes:
- Physical pain
- Emotional distress
- Loss of enjoyment of life caused by your injuries
Motorcycle Replacement or Repair Costs
You may recover property damage resulting from the motorcycle crash including:
- The motorcycle
- Riding gear
- Helmet
- Electronics.
Scarring and Disfigurement
Scarring and disfigurement is recoverable as a separate category of non-economic damages under Florida law.
Wrongful Death Damages
Florida Statute 768.16 applies if a family member was killed in the crash, including lost support and services, loss of companionship, and mental pain and suffering for surviving family members.
Frequently Asked Questions
Florida does not require riders over 21 to wear a helmet, provided they carry at least $10,000 in medical benefits insurance. Riders under 21 must wear a helmet. Not wearing a helmet may be raised by the defense as a comparative fault argument in head injury cases.
No. PIP coverage applies to motor vehicles, not motorcycles. Motorcycle riders must rely on the at-fault driver’s bodily injury coverage, their own health insurance, and their UM/UIM motorcycle policy coverage. This makes UM/UIM coverage especially important for Florida riders.
Florida’s statute of limitations for motorcycle accident personal injury claims is two years from the date of the crash under Florida Statute 95.11(3)(a). Wrongful death claims must be filed within two years of the date of death under Florida Statute 95.11(4). Missing these deadlines permanently bars recovery.
If the at-fault driver carries no bodily injury liability insurance, your own uninsured motorist coverage on your motorcycle policy is the primary source of recovery. If you do not have UM/UIM coverage, pursuing a personal judgment against the driver is possible but often difficult to collect. Contact Graves Law to evaluate all available sources of recovery.
Yes, you can still recover even without a helmet, unless a jury finds you more than 50 percent at fault for your own injuries. The defense will argue that your head injuries would have been less severe with a helmet. An attorney can counter this argument by focusing on the driver’s negligence as the cause of the crash itself.
Florida uses modified comparative negligence under HB 837. If you are found 30 percent at fault, your damages are reduced by 30 percent. If you are found more than 50 percent at fault, you cannot recover. Insurance companies frequently argue cyclist fault to reduce payouts. An attorney builds the evidence to minimize the comparative fault finding.
Contact a Motorcycle Crash Lawyer
Motorcycle accidents are some of the most dangerous vehicle accidents. Motorcycle drivers are at higher risk of being involved in accidents with inattentive drivers and face more serious injuries that drivers in cars. That’s why Graves Law offers a free consultation with no obligation. Your recovery is important to us, so you do not pay anything, not even costs, unless we win. Call Attorney Andrew Graves at 407-308-0327 or fill out our free case consultation form so we can start working today. We will explain your rights, evaluate your case, and discuss next steps at no charge.