Florida Motorcyle Accident Lawyers
Florida Motorcycle Accident Attorneys Defending Riders
Motorcycle crashes aren’t like other traffic collisions. Riders take the full force of the impact, with little to protect them from larger vehicles, the pavement, or other objects in the road. Even at low speeds, the injuries can be life-altering. Surgeries, physical therapy, and long-term care are common. So is being blamed for the crash—usually unfairly.
Insurance companies move quickly after a motorcycle crash. Their goal is to close the case before the full cost becomes clear. Riders who delay getting legal guidance may lose access to compensation they deserve.
If you’ve been hurt in a motorcycle crash anywhere in Florida, call Lesser, Landy, Smith & Seigel, PLLC at (561) 655-2028. We represent injured motorcyclists and their families across the state.
HAVE YOU BEEN INJURED IN A MOTORCYCLE ACCIDENT?
Motorcycle Crash Victims in Florida Face a Different Kind of Fight
Drivers say they didn’t see the motorcyclist. But that doesn’t excuse what happened—or undo the damage. Riders are fully exposed. Even with protective gear, a crash can result in serious injuries from contact with the road, surrounding traffic, or debris.
Motorcycle crashes frequently involve:
- A direct hit from a turning SUV, resulting in multiple fractures and brain trauma
- A side-swipe at an intersection that throws the rider from the bike
- Road debris or uneven pavement that forces evasive maneuvers or leads to loss of control
Police reports usually include driver statements, but that doesn’t guarantee accuracy. Officers might not speak with the motorcyclist—especially if the rider is unconscious or transported to the hospital. In the meantime, the other driver’s account may be the only one recorded and they may shape a version of events that unfairly portrays the rider as reckless or unseen.
Insurance companies rely on those early impressions. They focus on helmet use, lane positioning, and perceived speed. Riders are treated as risky—regardless of whether the crash was caused by a texting driver or someone who made an unsafe lane change.
Delays in getting the guidance of an experienced motorcycle accident lawyer can make it harder to challenge those assumptions.
What to Do Right After the Crash—And How it Affects Your Case
Motorcycle crashes cause chaos. Emergency responders arrive quickly, but key evidence can disappear just as fast. Skid marks fade, debris gets cleared, and witness memories blur. Taking the right steps early can shape how your case is handled.
Prioritize Immediate Medical Care
Even if you feel okay, get checked out. Adrenaline masks pain. Injuries like internal bleeding, concussion, or torn ligaments can take hours—or days—to show symptoms. A delay in treatment opens the door for insurers to question the cause and severity of your condition.
Get a Copy of the Police Report
Document What You Can
Photos of the crash scene, your motorcycle, visible injuries, and any nearby traffic controls (stop signs, lights, skid marks) help preserve the reality of what happened. Even if someone else took the photos, ask for copies.
Don’t Discuss Fault
Florida Motorcycle Laws That Affect Injury Claims
Florida’s traffic and insurance laws create specific challenges in motorcycle accident claims. Even one overlooked rule can shrink or eliminate the compensation available.
Florida’s Helmet Law
Modified Comparative Fault
As of March 2023, Florida follows a modified comparative fault rule. If you’re found to be more than 50 percent at fault, you cannot recover compensation. If you’re 50 percent or less at fault, your compensation is reduced by your percentage of responsibility.
The shift in Florida’s fault law gives insurers more leverage to limit payouts—even when the rider wasn’t primarily responsible.
Statute of Limitations
In most cases, the Florida personal injury statute of limitations gives you two years from the date of the crash to file a personal injury lawsuit. That deadline can change depending on the circumstances, especially if a government vehicle was involved. Miss it, and the court will dismiss your case.
What If the Other Driver Was Uninsured?
Florida has one of the highest rates of uninsured drivers in the country. If you were hit by someone with no insurance—or the minimum coverage—it doesn’t mean you’re out of options.
Depending on your policy, you may be able to file a claim under your own uninsured or underinsured motorist coverage. This part of your insurance is optional in Florida, but many riders carry it. If you do, it may provide coverage for medical expenses, lost income, and non-economic losses like pain or trauma.
Uninsured motorist claims can be just as contested as those against the other driver’s insurer. A lawyer can review your policy and handle the process so you’re not negotiating with your own carrier unrepresented.
What If Fault Is Disputed?
Not every crash is straightforward. In many cases, the police report is unclear, or both drivers blame each other. This is especially common when there are no independent witnesses, the rider was passing or changing lanes, or the driver claims the rider was speeding or swerving.
When fault is disputed, the insurance company uses that uncertainty to reduce or deny the claim. A lawyer can work with accident reconstruction experts, pull traffic camera footage, and build a narrative supported by real evidence.
How Serious Motorcycle Injuries Affect Recovery and Compensation
Physical Injuries That Require More Than a Quick Recovery
Motorcycle crashes can lead to injuries that don’t just send someone to the hospital—they reshape daily life. Riders may suffer spinal cord trauma, traumatic brain injuries, complex fractures, or internal damage that requires surgery and rehabilitation. Many injuries come with long-term or permanent consequences, such as affecting mobility, independence, and quality of life.
The Ripple Effects of a Long Recovery
Beyond physical pain, serious injuries usually create financial and emotional stress. Missed work, mounting medical bills, and the uncertainty of recovery add pressure at a time when focus should be on healing. Family members may need to take time off to help, and routines shift overnight.
Some riders never return to the work they once did. Others face lasting pain, trauma, or limited movement that affects every part of their life—including how they interact with loved ones and what they’re able to enjoy outside of work.
Damages That May Be Included in a Motorcycle Accident Claim
Compensation isn’t automatic—and it’s not limited to what’s on a medical bill. A complete claim may account for:
- Past and future medical expenses
- Lost wages or long-term loss of earning ability
- Pain, mental anguish, and loss of enjoyment of life
- Damage to the motorcycle and any riding gear
Fatal Motorcycle Accident Cases
If the rider didn’t survive, Florida law allows certain surviving family members to pursue a wrongful death claim. Separate from any injury case, a wrongful death case may provide compensation for final expenses, lost support, and the emotional toll of a preventable loss. Our lawyers can explain who qualifies and what’s involved in filing this kind of claim.
Insurance Tactics Often Rely on Bias Against Motorcycle Riders
One of the biggest obstacles in motorcycle accident cases isn’t always the evidence—it’s the assumptions. Insurance companies rely on the idea that juries, adjusters, and even police officers view motorcyclists as reckless or aggressive. That bias works in their favor.
Fault isn’t always the issue—how your actions are perceived can matter just as much. Adjusters may try to spin the case in subtle ways that influence how your actions are perceived—even when the crash was caused by a careless driver in a much larger vehicle.
Common tactics may include the following:
- Rider Behavior: Suggesting the rider was weaving through traffic or speeding, even if there’s no clear proof
- Gear Choices: Questioning the rider’s gear choices as a reflection of poor judgment
- Visibility: Emphasizing “visibility” issues as a way to excuse the driver’s inattention
- Character Framing: Citing the rider’s social media or lifestyle as evidence of high-risk behavior
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None of this proves fault, but it shapes how the case is viewed. If your case goes to trial, that bias can affect how jurors weigh the facts. If it stays in settlement discussions, it can still impact how much the insurer is willing to offer.
That’s why your lawyer has to address this head-on. At Lesser, Landy, Smith & Seigel, PLLC, we’ve represented riders across Florida for decades. We know how these cases are built—and how insurance teams try to discredit injured motorcyclists. We don’t let those tactics go unchallenged and we protect your right to fair compensation.
What Our Firm Does for Injured Riders and Their Families
At Lesser, Landy, Smith & Seigel, PLLC, we represent riders across Florida—from Fort Myers to South Florida to the panhandle. Our legal team focuses on building strong, evidence-driven claims that account for the full impact of the crash.
Here’s what our motorcycle accident lawyers do:
- Collect video, witness statements, and black box data
- Work with accident reconstruction experts when fault is in dispute
- Monitor medical treatment and gather records to track the full extent of injuries
- Calculate both economic and non-economic damages
- Handle all communication with the insurance company
- Prepare every case for litigation—even if settlement is likely
You deserve more than a settlement offer based on formulas or assumptions. We advocate for what the crash actually cost you—and we’re ready to take the case as far as needed.
How Motorcycle Claims Differ from Standard Auto Accident Cases
Car accidents and motorcycle crashes might follow similar laws, but the claims are handled very differently. Insurance companies treat motorcycle claims as higher risk. They assume more severe injuries and a greater chance the rider is partially at fault.
Here’s how motorcycle injury cases stand apart:
- Injury severity is higher
- Bias is more common
- Evidence disappears faster
- Insurance negotiations are more aggressive
If your case isn’t handled with the right strategy from the beginning, these challenges can cost you the compensation you need for recovery.
Supporting a Loved One After a Motorcycle Crash
If you’re helping a family member who’s recovering—or who didn’t survive—you’re likely facing questions about what to do next.
Family members may need to take on responsibilities the injured rider can’t manage:
- Coordinating medical care
- Managing time off work
- Dealing with bills, insurers, or hospital staff
You may also be wondering what to do if you don’t have the police report yet, whether you need to talk to the other driver’s insurer, or how long to wait before contacting a lawyer.
Even if you’re still gathering information, the right law firm can step in and help clarify what to do next. Whether you’re a spouse, sibling, parent, or adult child, you can speak with a lawyer to get answers on behalf of someone who can’t advocate for themselves.
Questions Riders and Families Don’t Know to Ask
Some of the most important parts of a motorcycle injury case aren’t obvious at first. Most people focus on pain, treatment, and the police report—but there are other questions that matter just as much.
Will I be penalized for not wearing gear?
Insurance companies may argue that a lack of gloves, jacket, or helmet worsened your injuries. Whether that matters depends on the nature of your motorcycle accident injuries and how Florida law views shared fault.
Can I get compensation even if the driver wasn’t cited?
Yes. A police officer’s decision not to issue a ticket doesn’t stop you from pursuing a civil claim. Those are separate processes with different standards of proof.
What if the bike was a total loss?
Your property damage claim can cover the motorcycle itself, gear that was destroyed, and your personal belongings if they were damaged in the crash.
Will I have to testify?
Most cases resolve without a trial. But if your case does move toward litigation, our motorcycle accident attorneys can prepare you thoroughly so you know what to expect and how to handle it.
Ready for Answers? Start with a Free Consultation
If you were injured in a motorcycle crash—or if you’re helping someone else figure out what to do next—you don’t have to guess about your options. A quick call can give you clarity and a path forward.
Call the experienced motorcycle accident lawyers at Lesser, Landy, Smith & Siegel at (561) 655-2028 or send us an email for a free consultation. You don’t pay unless we recover compensation for you.
