Florida Motorcycle Accident Lawyers

Motorcycles offer both fun and practicality, whether for commuting or leisure. However, they come with risks—especially from drivers who fail to safely share the road. Careless or dangerous actions by motorists can lead to serious or fatal motorcycle accidents. If you or a loved one has been injured due to another driver’s negligence, it’s important to take action to hold them accountable and seek compensation for your losses. An experienced Florida motorcycle accident lawyer at Steinger, Greene & Feiner can help you pursue a claim for damages.

Causes of Motorcycle Accidents in Florida

In 2023, Florida saw 9,541 motorcycle crashes resulting in injuries and 624 fatal accidents, as reported by FLHSMV. The state’s unique driving conditions contribute to certain causes of these accidents:

• Distracted Driving: With heavy tourist and commuter traffic, distracted driving is a leading cause of crashes. Common distractions include texting, eating, or using in-car technology, putting motorcyclists at high risk due to their smaller size.
• Drunk Driving: Florida consistently ranks high for DUI-related crashes, especially in tourist-heavy areas. Impaired drivers have reduced reaction times and are less likely to spot motorcyclists.
• Speeding and Aggressive Driving: Long highways and congested city streets lead to speeding, tailgating, and abrupt lane changes, posing significant risks to motorcycle riders.
• Left-Turn and Failure to Yield Accidents: At intersections, drivers often misjudge motorcycle speed or fail to see them, leading to crashes when making left turns or failing to yield.
• Lane Splitting & Improper Lane Changes: Lane splitting is common, despite not being explicitly legal. Sudden lane changes by cars without checking blind spots add to the danger.
• Road Hazards & Weather Conditions: Frequent rain, slippery roads, and debris make riding dangerous. Motorcycles are more likely to lose control on poorly maintained or wet surfaces.
• Inexperienced Drivers & Tourists: Unfamiliarity with local traffic patterns, especially among tourists and new drivers, leads to sudden stops, incorrect lane changes, and unpredictable movements, increasing accident risks for motorcyclists.

These causes are among the most common but not an exhaustive list, as many other factors can contribute to motorcycle accidents in Florida.

Types of Motorcycle Accidents in Florida

If you ride in Florida, you’re familiar with the unique risks motorcycle riders face on our roads. From busy urban streets to expansive highways, different types of accidents can pose serious dangers:

1. Intersection Collisions: These crashes often happen when drivers fail to see or misjudge the speed of a motorcycle, particularly during left-hand turns. If you ride through crowded areas like Miami, Orlando, or Tampa, you know that intersections can be some of the most dangerous spots.
2. Rear-End Accidents: Heavy, stop-and-go traffic makes rear-end collisions a common risk. Distracted or speeding drivers can easily strike motorcyclists from behind. Since motorcycles lack the rear protection of cars, these crashes often cause serious injuries.
3. Lane-Change Crashes: On Florida’s congested highways, improper lane changes are a major hazard. Drivers frequently fail to check their blind spots before switching lanes, putting you at risk, especially when traveling at higher speeds.
4. Single-Bike Crashes: Florida’s weather and road conditions create challenges for riders. Sudden rainstorms can make roads slippery, while potholes, uneven pavement, and debris from hurricanes increase the risk of losing control and crashing without any other vehicle involved.
5. Road Rage and Aggressive Driving Incidents: Encountering aggressive drivers is, unfortunately, part of riding in Florida. Whether it’s being cut off, tailgated, or forced off the road, road rage incidents pose a severe threat to motorcyclists.
6. Highway and Freeway Accidents: If you’re riding on I-95, I-75, or any of Florida’s major highways, you know how risky it can be. High speeds, quick merges, and heavy commercial traffic all contribute to the dangers of high-impact crashes, which can be devastating.
7. Collisions with Commercial Vehicles: Sharing the road with commercial trucks, delivery vans, or rideshare drivers adds another layer of risk. These vehicles often make sudden stops or wide turns, and blind spots make it difficult for drivers to see motorcyclists, increasing the chances of a crash.

These are just some of the accident types we face on Florida roads, and they can have severe consequences. If you’ve experienced any of these or another type of motorcycle accident, our Florida motorcycly accident attorneys are here to help you navigate the complexities of your claim and pursue the compensation you deserve.

Motorcycle Accident Injuries in Florida

Motorcycle accidents in Florida often result in severe injuries due to high speeds and the nature of the roadways:

• Traumatic Brain Injuries (TBIs): Florida’s helmet laws allow riders over 21 to ride without a helmet with proper insurance, but this increases the risk of TBIs in crashes.
• Spinal Cord Injuries & Paralysis: Being thrown from a bike or hit directly by a vehicle can lead to serious spinal injuries, from herniated discs to paralysis.
• Broken Bones & Fractures: With year-round riding, fractures of the legs, arms, ribs, and collarbones are common in crashes involving impacts with vehicles or the road.
• Road Rash & Skin Abrasions: Sliding across the pavement can cause deep abrasions, requiring extensive medical care, including skin grafts.
• Internal Injuries: High-speed crashes often lead to internal bleeding and organ damage, which may not show symptoms immediately but are life-threatening.
• Lower Extremity Injuries: Leg, knee, and foot injuries are frequent due to riders’ exposure, particularly in intersection collisions.
• Facial & Dental Trauma: Without full-face helmets, riders are at risk for facial fractures, dental damage, and eye injuries during a crash.

If you’ve suffered any of these injuries in a motorcycle accident, at Steinger, Greene & Feiner, our motorcycle accident attorneys in Florida can help secure the compensation you need to move forward with your recovery.

Steps To Take After a Motorcycle Accident in Florida

If you’re involved in a motorcycle accident in Florida, taking immediate action is key:

1. Seek Medical Help: Even if you don’t feel injured, see a doctor immediately. Some injuries may not show symptoms right away, and medical records are crucial for any claims.
2. Call Law Enforcement: Report the accident if it involves injury or significant damage. The police report will be an important piece of evidence.
3. Document the Scene: If possible, take photos, gather witness contacts, and note road conditions. This evidence will support your claim later.
4. Exchange Information: Share insurance and contact details with all parties, but avoid discussing fault.
5. Notify Your Insurance: Inform your insurer about the accident, but stick to facts and avoid any statements about fault.
6. Follow Medical Advice: Stick to your treatment plan and document your recovery process.
7. Consult a Motorcycle Accident Attorney: An experienced personal injury lawyer can help you handle insurance companies, gather evidence, and maximize your compensation.

How Florida Law May Shape Your Motorcycle Accident Case

Florida’s legal landscape uniquely shapes motorcycle accident claims, with specific rules affecting your ability to seek compensation. Unlike car drivers, motorcyclists are not covered by Florida’s no-fault Personal Injury Protection (PIP) insurance. This means that after an accident, you’ll need to file a claim directly against the at-fault driver.

Florida enforces a .08% blood alcohol concentration (BAC) limit for motorcycle riders, the same as for other drivers. If you’re impaired at the time of an accident, it could significantly impact your ability to recover damages. While riders over 21 can legally go without a helmet if they have at least $10,000 in medical insurance, not wearing one might still affect your compensation, especially for head injuries, since the defense may argue shared fault. And under Florida’s comparative negligence rule, your compensation could be reduced by your share of fault. For example, if you’re found 20% responsible for the accident, any damages awarded would be reduced by 20%.

Proving Negligence in a Motorcycle Accident Claim

To claim compensation, you must establish the elements of negligence: proving that the other driver had a legal duty to drive safely, breached this duty, directly caused the accident, and that you suffered injuries as a result. Each element must be shown by a “preponderance of the evidence,” meaning it’s more likely than not that the driver’s actions were to blame.

Given the interplay of these personal injury laws and regulations, working with an experienced motorcycle crash attorney is crucial. At Steinger, Greene & Feiner, our Florida motorcycle accident attorneys can help you gather evidence, navigate BAC limits and helmet rules, and maximize your compensation through strategic negotiation or litigation.

Florida Motorcyclist Insurance

Florida does not require motorcyclists to carry Personal Injury Protection (PIP) insurance, making other coverages essential for protection:

• Bodily Injury Liability (BI): While not mandatory, BI coverage is highly recommended. It covers damages to others if you’re at fault, including medical bills and lost wages. Given the potential for serious injuries in crashes, this shields you from significant financial risk.
• Uninsured/Underinsured Motorist (UM): UM coverage is crucial if the other driver lacks sufficient insurance. Since many Florida drivers are uninsured, UM helps cover your medical expenses, lost wages, and pain and suffering when the at-fault party’s insurance is insufficient.
• Comprehensive & Collision Coverage: Optional but valuable, collision coverage pays for damage to your motorcycle regardless of fault, while comprehensive covers non-collision events like theft or weather damage.
• MedPay: This optional coverage pays for your medical bills after an accident, regardless of fault, helping to avoid upfront out-of-pocket costs.

A well-rounded insurance policy is key to covering immediate costs after an accident, but understanding your compensation options ensures you’re fully protected for the long term.

Compensation For Motorcycle Accident Claims

Motorbike accidents in Florida often result in severe injuries, impacting riders, passengers, and their families. These motorcycle injuries can be compensated through two main types: economic and non-economic damages.

Economic Damages

Economic damages cover financial losses directly resulting from the accident, including:

• Medical Expenses: This includes all costs for emergency care, surgeries, hospital stays, rehabilitation, therapy, and any ongoing medical treatment related to the accident.
• Lost Wages: If your injuries prevent you from working, you can be compensated for the income lost during recovery.
• Future Loss of Earning Capacity: For long-term or permanent disabilities, you may receive compensation for future lost earnings if you’re unable to return to your previous job or any employment.
• Property Damage: Repairs or replacement of your motorcycle and any personal property damaged in the crash, such as helmets or protective gear, fall under this category.
• Other Out-of-Pocket Expenses: Costs like transportation to medical appointments, home modifications for mobility, or hiring help for daily activities are also recoverable.

Non-Economic Damages

Non-economic damages provide compensation for the intangible, non-monetary impacts of a motorcycle accident:

• Pain and Suffering: Compensation for the physical pain and discomfort experienced during and after the accident, particularly for severe injuries that result in prolonged suffering.
• Emotional Distress: Anxiety, depression, PTSD, and other mental health issues resulting from the trauma of the crash can be compensated.
• Mental Anguish: Adjustment to life after the accident, especially if severe injuries lead to a new lifestyle with physical limitations, falls under this category.
• Permanent Disabilities or Impairments: If you suffer life-altering injuries like paralysis, amputation, or brain damage, you may receive compensation for the lasting impact on your daily life and quality of living.
• Loss of Enjoyment of Life: If your injuries prevent you from participating in activities you once enjoyed—such as hobbies, sports, or social interactions—you may be entitled to compensation for this loss.
• Scarring and Disfigurement: Motorcycle riders often face severe scarring or disfigurement from road rash or impact injuries, affecting self-esteem and overall emotional well-being.

Since non-economic damages are more subjective and harder to quantify, legal representation is crucial for maximizing your compensation. The total amount of damages or compensation varies based on factors like injury severity, case strength, the responsible driver’s insurance policy limits, and whether you settle or go to court. Our Florida motorcycle accident attorney can help clarify your rights, build a solid personal injury case, and maximize your compensation through skilled negotiation or litigation. View our motorcycle accident FAQ here for more information.

Making a Motorcycle Accident Claim

If you’ve been injured in a motorcycle accident, taking the right steps is crucial to get the compensation you deserve. Here’s what you need to do:

• Prove Negligence: To build a solid case, you’ll need to show that the driver was negligent. This means proving they either:
  • Broke a safety law, like speeding or running a red light, or
  • Were unreasonably careless, falling short of how a responsible driver should act in that situation.
• Connect Negligence to Your Injuries: It’s not enough to just show the other driver was at fault—you need to link their negligence directly to the accident and your injuries. Evidence like police reports, witness statements, and medical records are key to showing this connection.
• Gather the Right Evidence: You’ll need to prove your case by a “preponderance of the evidence.” This means demonstrating it’s more likely than not that the driver’s actions caused your injuries. Take photos of the accident scene, gather witness details, and keep records of all medical treatments to strengthen your case.
• Prepare for Settlement or Trial: Most cases are resolved out of court through settlements with the at-fault driver’s insurance company. But, if they don’t offer fair compensation, you might have to take your claim to trial. It’s vital to be ready for either route.
• Work with an Accident Attorney: Your personal injury attorney will help you gather evidence, build a compelling case, and negotiate effectively with insurance companies. If your case goes to court, they’ll ensure your side is presented clearly and powerfully.

How Much Can Steinger, Greene & Feiner Get You?

The money you obtain from your motorcycle accident claim needs to be enough to pay your medical bills and ensure you can have a good quality of life, despite your serious injuries or the loss of a beloved family member. Ensuring you are fully and fairly compensated is extremely important. Contact us at one of our offices in Miami, West Palm Beach, Fort Lauderdale, Port St. Lucie, Fort Myers, Orlando, Okeechobee to request a free, no-obligation consultation.

Motorcycle Accidents FAQ