Motorcycle crashes can leave riders disoriented, injured, and unsure of what to do next. In the first few minutes after a crash—and in the days that follow—your decisions affect both your recovery and your ability to hold the right parties accountable.
Each step you take after a motorcycle crash can either protect your position or create problems that are harder to fix later.
Get to Safety Without Making Your Injuries Worse
If you’re on the road or near traffic, get to a safe location. Leave your motorcycle where it is unless it’s creating an immediate hazard. Don’t try to lift or move it if you’re hurt.
In some cases, it’s safer to stay still:
- You feel dizzy, disoriented, or lightheaded
- There’s pain in your neck, back, or limbs
- You’re unsure whether you’ve lost consciousness
Florida highways can be chaotic after a crash. Prioritize your safety and wait for help if there’s any doubt.
Call 911 and Cooperate With First Responders
Whether you’re hurt or not, call 911. Florida law requires a police report for any crash with injuries or property damage over $500—which includes nearly every motorcycle accident.
When emergency services arrive:
- Tell them your location and answer questions clearly
- Accept medical help, even if you think you’re okay
- Don’t make statements about fault or apologize
- Ask how to obtain the police report once it’s filed
You’re not obligated to guess what happened. If you’re unsure or can’t remember details, say that.
Don’t Skip Medical Attention — Even If You Feel Fine
- Paramedics can spot injuries you don’t immediately feel
- Adrenaline delays pain, especially in head and neck injuries
- Waiting days to seek treatment makes it harder to link your injuries to the crash
- A hospital visit creates a medical record that supports your claim
- Even minor road rash or bruising should be photographed and evaluated
- If you’re cleared at the scene but symptoms develop later, go to urgent care or your doctor the same day
Injury symptoms that appear late can still be serious. Don’t downplay them to get home faster.
What to Say—and Not Say—at the Scene
Once law enforcement arrives, you’re going to be asked questions. The pressure to explain can feel intense, but your words carry weight.
Don’t guess or try to fill in blanks
If you’re unsure about how the crash happened or can’t recall details, say that. Guessing—even with good intentions—can lock you into a version of events that may turn out to be inaccurate.
Don’t say you’re “fine”
Even if you think you walked away without serious injuries, saying you’re fine in the moment can hurt your claim later. Injuries can take hours or days to show up. Stick to what you know and let the medical team evaluate you.
Ask how to get the report
The officer’s report becomes a key record. Ask when and where it will be available. You don’t need to debate fault or argue your side at the scene—the facts will speak louder when backed by evidence.
Document the Scene Before It’s Gone
If you’re able to use your phone, take pictures before anything moves at the accident scene. Focus on the damage to your motorcycle, the other vehicle, skid marks, debris, and anything else that shows what happened. Wide shots help show context—like the intersection, traffic signals, and where the vehicles ended up. Close-ups matter too. Damage, fluids on the road, and torn clothing all help paint a picture.
Photograph your injuries. It might feel uncomfortable, but visual proof of cuts, bruises, or road rash adds weight to your medical records. Don’t count on police photos or surveillance footage being available later. What you capture in the moment may be the only visual evidence that survives.
Exchange Information Without Giving Too Much Away
Get what you need. You’ll want the other driver’s full name, phone number, license plate, driver’s license number, and insurance details. Snap photos of everything, but write it down as well in case files get corrupted or missed.
Stay neutral. Don’t talk about who was at fault. Don’t speculate or apologize. Conversations that feel casual at the scene can end up as quotes in an insurance report.
Talk to witnesses. If someone saw the crash, ask for their name and number. Even a short comment from a third party can make a big difference later if the other driver changes their story.
Talk to Your Insurance Company—But Watch What You Say
Your insurer will want to know what happened. Keep it brief. Stick to basic facts like the date, time, location, and whether injuries occurred. You’re not required to give a full play-by-play right away.
Don’t guess at causes or accept blame. You can say you’re still collecting information and that a police report is being prepared. If the other driver’s insurer contacts you, you’re under no obligation to give a recorded statement. It’s better not to—especially before you’ve spoken to a lawyer.
Saying too much early on can box you in later—especially when it comes to how your words are used in insurance claims. Stay measured and protect your own position.
Florida Insurance Rules That Affect Motorcycle Riders
Motorcycle crashes are handled differently than car accidents in Florida. The no-fault system doesn’t apply to riders the same way it does to drivers.
No PIP coverage for motorcycles
Florida’s Personal Injury Protection (PIP) coverage doesn’t extend to motorcycles. That means your own insurance won’t automatically cover your medical bills—even if the other driver caused the crash.
What happens if the other driver is uninsured?
Florida doesn’t require drivers to carry bodily injury liability insurance. If the person who hit you has no coverage for your injuries, your only protection may come from your own uninsured/underinsured motorist policy—if you have one.
When Insurance Coverage Breaks Down
Hospital bills, rehab, and lost wages add up quickly. Without PIP and without clear access to coverage through the at-fault driver, you’re left depending on your own policy—or pursuing a personal injury claim. Consulting a Florida motorcycle accident lawyer to get counsel on your next steps.
These insurance gaps are a major factor in how motorcycle accident claims are handled in Florida.
What Happens When Fault Is Shared
Florida uses a modified comparative fault rule. That means you can still recover damages in a motorcycle accident case if you’re partially responsible—but only if your share of fault is 50% or less.
If you’re 20% at fault and win $100,000 in damages, your recovery drops to $80,000. But if you’re found 51% at fault, you recover nothing.
The percentage matters more than most people realize. It’s not just about what happened—it’s about what gets proven. The other driver’s insurer may try to shift more blame your way. Witness statements, the police report, and the evidence you documented at the scene all help push that number in the right direction.
Avoid Quick Settlements and Empty Promises
Fast offers usually come with strings attached. Insurance companies know you’re in pain and under pressure, and they’ll sometimes use that moment to make an offer that sounds helpful—but barely covers short-term costs, let alone long-term recovery.
Don’t sign anything until you know the full extent of your injuries. A concussion, back injury, or nerve damage may not fully show up until weeks later. If you settle early, you may be locked out of additional compensation even if your condition worsens.
Take time to understand what’s missing from the offer. Does it cover lost income? Future care? Physical therapy? Pain that hasn’t started yet? If the answer is no—or unclear—it’s not time to settle.
When It Makes Sense to Call a Lawyer
You don’t need to call a lawyer after every crash. But some situations raise red flags right away:
- The other driver is blaming you
- Your injuries are serious or getting worse
- You’re being contacted by an insurance adjuster
- You’re unsure what coverage applies
- Medical expenses are already stacking up
Even if you’re not sure whether you want to file a claim, talking to a lawyer can help you figure out what’s next. There’s no obligation, and no downside to getting clarity early—especially if you’re being asked to sign or settle anything.
Bring whatever you’ve gathered so far: photos, medical records, contact info, and your crash report number. If you don’t have much yet, that’s fine too. A quick conversation can help you avoid mistakes that are hard to undo later.
Why Delaying Medical Treatment Hurts Your Case
Some riders downplay pain after a crash to avoid the hospital. Others want to wait and see if it goes away. That decision can backfire—both physically and financially.
Delays in treatment make it harder to show that your injuries were caused by the crash. Gaps in care raise questions with insurers. And without clear records, it’s harder to claim reimbursement for what you’ve spent.
If you skip the ER but feel worse a day later, go to urgent care. If you’re in physical therapy but miss appointments, get back on track. Your records don’t just document your injuries—they show that you took your recovery seriously.
Recorded Statements Create Long-Term Problems
Insurance adjusters may sound helpful at first. They’ll say they just need a quick statement to “move things along.” What they’re really doing is looking for soundbites they can use to reduce your payout—or deny your claim altogether.
Once you give a recorded statement, it becomes part of the file. It can’t be unsaid or cleaned up later. Even honest answers can get twisted if you’re not careful with phrasing.
You don’t have to agree to anything on the spot. You can say you’re still reviewing the situation and will follow up. If you’ve hired a lawyer, direct all contact through them.
FAQs
What if I wasn’t wearing a helmet?
Florida law allows riders over 21 to go without a helmet if they carry at least $10,000 in medical coverage. If you weren’t wearing one, it doesn’t block your ability to file a claim—but it may affect how your injuries are evaluated. Head injuries—especially traumatic brain injuries—may draw scrutiny from the insurance company.
Can I still recover money if I was partly at fault?
Yes—unless you’re found more than 50% responsible. Florida uses a comparative fault rule that reduces your compensation based on your share of fault. If you’re 30% at fault, you can recover 70% of your total damages.
What if the other driver doesn’t have insurance?
You may be able to file a claim through your own uninsured motorist coverage. If you don’t have that, it depends on the facts. You might still have a case against the driver personally or through other available policies, but recovery becomes more difficult.
How long do I have to take legal action?
According to the Florida personal injury statute of limitations, most personal injury claims have too be filed within two years of the crash. If someone died in the accident, the wrongful death claim also has a two-year limit. Missing the deadline usually means losing the right to pursue a case at all.
Do I really need an attorney?
Not every crash requires legal help—but the more serious the injury or the more complicated the insurance situation, the more likely it is that an experienced attorney can protect your position. If you’re unsure, it costs nothing to ask.
What to Focus on Now
If you’ve been in a motorcycle crash, don’t rush. Take care of your body, keep good records, and don’t talk to insurance companies until you’re ready. Let the facts speak for themselves, and don’t settle before you understand what’s really on the table.
If you’re dealing with severe injuries, confusion, or pressure to act fast, talking to a Florida motorcycle accident attorney who handles cases like this every day can help you cut through the noise. The right help at the right time makes a difference.
If you’ve been injured in a motorcycle crash and need straight answers, call Lesser, Landy, Smith & Siegel at (561) 655-1990 or send us a message. We’ll listen, explain your options, and help you take the next step with confidence.
