Florida consistently ranks as one of the most dangerous states in the U.S. for motorcyclists, with around 8,000 to 9,000 accidents each year, according to the Florida Department of Highway Safety and Motor Vehicles.
Due to the lack of protection motorcyclists have compared to car and truck drivers, motorcycle crashes are often the most serious types of accidents that happen on Florida’s roadways, often resulting in life-changing injuries. To make matters worse, unlike drivers, motorcycle riders aren’t eligible for personal injury protection (PIP) coverage, meaning that they must rely on other options like health insurance to cover their expenses after an accident.
In some cases, injured motorcyclists may have the option of filing a lawsuit to pursue compensation from the at-fault party. However, this requires diligent evidence collecting, filing the right paperwork, and building a solid case that demonstrates that party’s liability. Having the right legal representation can make all the difference. Chiappetta Trial Lawyers has represented countless Florida motorcyclists and can help you maximize your chances of receiving a fair settlement.
Key Takeaways
- Florida is one of the most dangerous states for motorcyclists, with thousands of crashes and serious injuries every year.
- Injured riders face steep medical bills and limited insurance options, making skilled legal representation critical for recovery.
- Chiappetta Trial Lawyers helps motorcyclists build strong cases, negotiate fair settlements, and fight for their rights in court.
How Chiappetta Trial Lawyers Helps Injured Riders After an Accident
At Chiappetta Trial Lawyers, we know that a serious motorcycle accident can put you out of commission for months, if not years. It can leave you with costly medical bills, lost income, physical pain, and emotional trauma. On top of that, insurance companies often try to minimize or deny claims involving motorcyclists, making it harder to recover full compensation.
Our attorneys help you level the playing field. We gather all available evidence, including medical records, traffic reports, dashcam or surveillance footage, and witness statements, to build a strong case showing the other party’s liability. We then calculate the full extent of your damages and negotiate with the at-fault driver’s insurance company to secure a fair settlement. If a settlement cannot adequately compensate you, we are fully prepared to take your case to trial to fight for your rights.
What Causes Most Florida Motorcycle Accidents?
Motorcycle accidents are often misunderstood due to the perception that riders are inherently riskier than other drivers. In reality, the majority of accidents are caused by negligent or reckless behavior on the part of other motorists, including:
- Speeding or aggressive driving – Excessive speed reduces reaction time and increases the severity of collisions.
- Distracted driving – This can include texting, phone use, or engaging in conversations with passengers.
- Failure to yield – Drivers may ignore traffic signals, stop signs, or motorcycles’ right of way.
- Driving under the influence – Alcohol or drug impairment significantly increases the risk of a crash.
- Unsafe lane changes or turns – Motorcycles are smaller and can be overlooked, especially in blind spots.
- Low visibility conditions – Motorcycles are harder to see than cars, and inattentive drivers may fail to notice them at intersections, driveways, or during lane changes.
- Inattention at intersections – Many accidents occur when drivers fail to anticipate motorcycles entering or crossing traffic.
- Failure to maintain a safe distance – Tailgating or not leaving enough space for a motorcycle can lead to collisions.
Drivers have a legal duty to watch for motorcycles just as they must watch for pedestrians and other vehicles. When a driver breaches this duty, they can be held liable for any resulting accident.
What Damages Can Motorcycle Riders Recover After a Crash?
Motorcycle accident injuries are rarely minor. Most riders who have been hit by another motorist suffer long-term injuries or disabilities that can completely upend their lives. When you file a lawsuit, you may be able to pursue compensation for:
- Medical expenses – Hospital bills, medications, surgeries, and long-term rehabilitation costs.
- Lost income – Wages lost due to extended recovery or long-term inability to work.
- Physical injuries and disabilities – Broken bones, chronic pain, disfigurement, or permanent impairments.
- Emotional trauma – PTSD, anxiety, depression, or ongoing psychological effects from the accident.
- Loss of quality of life – Inability to enjoy daily activities, hobbies, or life as it was before the crash.
- Other financial burdens – Mounting healthcare costs, home care, or transportation expenses related to recovery.
Do You Still Have a Case If You Weren’t Wearing Protective Gear?
While it is against the law in Florida to not wear a helmet, this doesn’t necessarily mean that you will be automatically disqualified from receiving compensation for your injuries. Florida operates under what is known as a “modified comparative negligence” rule, which means that even when victims are partially at fault for their injuries (but not more than 50%), they can still receive a portion of the damages owed to them.
In these cases, your settlement will be reduced by the percentage you are found liable. For example, if you are found 20% liable for your injuries, you will still be entitled to 80% of the damages.
How To Avoid Motorcycle Accidents
As we’ve discussed, a large portion of motorcycle accidents are typically caused due to no fault of the motorcyclists. However, there are preventative measures that riders can take to lower their risk of falling victim to an accident:
- Wear a DOT-approved helmet, reflective and bright clothing, and other protective gear.
- Obey all speed limits, avoid weaving between lanes, and keep a safe distance from other vehicles.
- Stay sober and alert at all times.
- Check weather forecasts before venturing out to avoid dangerous conditions.
- Consider routes with minimal congestion, especially those in urban areas or that combine local and interstate traffic.
What To Do After a Motorcycle Accident in Florida
Sadly, not all preventative measures are successful. If you have been hit by a car or other vehicle while on a motorcycle, follow these steps to ensure your safety and protect your chances of receiving a fair settlement:
- Seek immediate medical attention: If you, the other driver, or bystanders have suffered a serious injury, call 911. Even in cases where your injuries are seemingly minor, it’s best to follow up with a healthcare professional to be sure. This is also beneficial to your claim, as medical records are one of the most important pieces of evidence used in these cases.
- Notify the police: Most motor vehicle accidents must be reported to the police as soon as possible. Reporting the accident also ensures that a police report is created, which is another valuable piece of evidence that can be used when filing an insurance claim or lawsuit.
- Document the scene: Once your immediate health concerns are addressed, the next priority is to collect as much evidence as possible. If you are able to safely remain at the crash site, take pictures of both vehicles, and exchange contact information with the other driver and any eyewitnesses.
- Be mindful of your statements: Whether talking with insurance, the other driver, law enforcement, or posting on social media, be careful about how your statements may affect your claim. Never admit fault for the accident, and only stick to factual statements about what happened.
- When in doubt, talk to your lawyer: It’s always a good idea to talk to a lawyer as soon as possible following an accident. Our firm can help guide you through the legal process and begin building your case early to maximize your chances of a successful case.
Florida Motorcycle Accident Lawyer: FAQs
How long do I have to file a motorcycle accident claim?
The statute of limitations for motorcycle accident claims is typically two years from the date of the accident. However, it is important to note that in some circumstances, you may have more or less time to file. In addition, the longer you wait to do so, the weaker the available evidence may become.
How long will my case take to settle?
It can take anywhere from a few months to a year or longer to settle a motorcycle accident case. The exact timeline depends on factors such as how severe the accident was, how many parties are involved, and whether these parties are willing to reach an agreement.
What if the driver who hit me was uninsured or underinsured?
There are several options available to motorcyclists who were hit by an uninsured driver. In some cases, you may be able to recover compensation through your own uninsured or underinsured motorist policy. In others, the court may recover compensation directly from the driver’s assets.
Do I still have a case if I was partially at fault?
Potentially, yes. As we learned, Florida works within a modified comparative negligence system, meaning that a motorcycle accident victim who is partially liable for the accident or their injuries can still recover damages, so long as their liability does not exceed 50%.
Schedule a Free Consultation With a Florida Motorcycle Accident Lawyer at Chiappetta Trial Lawyers
Motorcycle accidents can result in severe, life-altering injuries, and sadly, misguided cultural perceptions and insurance providers can make the claims process much more difficult for victims. Chiappetta Trial Lawyers understands these challenges and is dedicated to fighting for the rights of motorcyclists. If you’ve been injured in a motorcycle crash, contact our firm today. We offer free consultations and do not charge any upfront fees. You only pay if we win your case.
