West Palm Beach Motorcycle Accident Lawyers
West Palm Beach Motorcycle Accident Attorney
Motorcyclists face risks every time they ride, but no one expects to be hit by a careless driver. A crash can leave you with serious injuries, mounting medical bills, and an insurance company that may resist paying what you’re rightfully owed. Recovering compensation isn’t always simple, especially when insurers try to shift blame onto you, the rider. The motorcycle accident attorneys at Lesser, Landy, Siegel & Smith, PLLC fight for injured riders in West Palm Beach and across Florida. Call (561) 655-2028 today for a free consultation to discuss your case.
Why Motorcycle Accident Cases are More Complex
Motorcycle accident claims come with challenges that injured riders don’t face in standard car crashes. Florida law does not offer the same insurance protections to motorcyclists, injuries tend to be more severe, and insurance companies frequently try to shift blame to the rider.
Florida’s No-Fault Insurance Laws Don’t Cover Motorcyclists
Unlike drivers of cars and trucks, motorcyclists in Florida do not qualify for personal injury protection (PIP) coverage. Because of this, after a crash, riders have no automatic coverage for medical bills or lost wages, even if the other driver was at fault.
Instead, an injured motorcyclist has to seek compensation through other sources:
- The at-fault driver’s insurance policy – If the driver carries bodily injury liability (BIL) coverage, it may cover medical expenses and other damages.
- Uninsured/underinsured motorist (UM/UIM) coverage – If the at-fault driver has no insurance or inadequate coverage, the rider’s own UM/UIM policy may apply.
- A personal injury claim – When insurance is unavailable or insufficient, a personal injury lawsuit may be required to recover full compensation.
Florida law does not require drivers to carry bodily injury liability (BIL) insurance, which means many motorcyclists are hit by drivers who have little or no coverage. Without BIL, recovering compensation typically depends on uninsured/underinsured motorist (UM/UIM) coverage. For riders, having this policy can mean the difference between securing compensation and paying out of pocket.
More Severe Injuries and Higher Medical Costs
Because motorcyclists have little protection in an accident, injuries are usually serious. Even a low-speed accident can lead to:
- Traumatic brain injuries – Helmets help reduce the risk, but concussions and skull fractures can still occur.
- Spinal cord damage – Some riders face partial or full paralysis after a crash.
- Fractures and orthopedic injuries – Broken arms, legs, and ribs are common and may require multiple surgeries.
- Internal injuries – Blunt force trauma can cause organ damage or internal bleeding, which may not be immediately obvious.
Recovery can take months or years and long-term treatment may include:
- Multiple surgeries
- Physical therapy and rehabilitation
- Medical devices like braces or wheelchairs
- Home modifications for accessibility
Because of the cost of long-term care, insurance companies may push for a quick settlement before the full impact of the injuries is known. Accepting an early offer can leave a rider responsible for medical bills that should have been covered. Our West Palm Beach motorcycle
Anti-Motorcycle Bias in Insurance Claims
Motorcyclists frequently face unfair stereotypes when dealing with insurance companies. Many adjusters assume that riders take unnecessary risks, which can lead to:
Lower settlement offers – Insurers may argue that riders accept the risk of serious injury and should not receive as much compensation.
Unfair fault assessments – Insurance companies may claim a motorcyclist was speeding, reckless, or not visible, even if the driver caused the crash.
Claim denials – Some insurers attempt to dismiss claims outright by blaming the rider for the accident.
To challenge these biases, attorneys present:
- Crash reconstruction reports showing how the accident occurred.
- Helmet use and speed analysis to prove safe riding behavior.
- Eyewitness testimony and surveillance footage that confirms the other driver’s fault.
To fight anti-motorcycle bias we our motorcycle lawyers use well-documented proof of fault. Insurance companies look for ways to minimize payouts, so every detail has to show that the other driver’s actions caused the crash.
Causes of Motorcycle Accidents and How They Affect a Case
It determines who is responsible, how fault is proven, and what kind of evidence is needed to secure compensation. Some crashes result from negligent drivers, while others may involve hazardous road conditions or mechanical failures. The strategy we use for each case depends on what led to the crash.
Left-turn collisions are one of the most preventable motorcycle crashes. Many happen because drivers assume a motorcycle is farther away than it is or expect the rider to slow down. Others occur when drivers focus on gaps in traffic but fail to account for smaller vehicles before making their turn.
Lane-change accidents typically happen when drivers move into a motorcyclist’s path without realizing they’re there. Some merge too quickly, while others fail to use turn signals or check their mirrors. On highways and multi-lane roads, a driver may drift between lanes without noticing an approaching motorcycle.
Rear-end collisions are especially dangerous because motorcycles stop more quickly than larger vehicles. A driver following too closely may not react in time and cause a crash that can throw the rider forward or force them into moving traffic.
Road hazards and poor conditions create problems when infrastructure doesn’t account for motorcycles. Loose gravel, uneven pavement, and debris from construction zones can cause a rider to lose control. Unlike cars, motorcycles don’t have the stability to recover from sudden surface changes.
Drunk and distracted drivers cause preventable motorcycle crashes. Impaired judgment, slower reaction times, and a lack of attention to the road increase the chances of a driver drifting into another lane or failing to stop in time.
How the Cause of the Accident Affects a Case
How a motorcycle accident happens determines who is responsible and what challenges may arise when seeking compensation. A crash caused by a negligent driver may require surveillance footage and crash reports to establish fault, while a case involving hazardous road conditions may depend on proving that a government agency failed to maintain safe roads. Mechanical failure claims may involve holding a manufacturer or repair shop accountable. The evidence needed and the steps our attorneys take to prove fault will depend on the cause of the crash and who is responsible.
What to Do After a Motorcycle Accident to Protect Your Case
What happens after a motorcycle accident can affect everything that follows, from proving fault to recovering full compensation. Taking the right steps helps preserve key evidence, establish liability, and document the full extent of injuries and financial losses.
Immediate Steps at the Scene
- Call 911 and report the accident. A police report provides an official record of what happened, including statements from the drivers involved and any witnesses. If the other driver violated traffic laws, that may be noted in the report, which can help establish fault.
- Get medical attention, even if injuries seem minor. Motorcycle crashes can cause concussions, internal injuries, or soft tissue damage that may not be obvious right away. Insurance companies look for delays in treatment to argue that injuries weren’t caused by the accident, so getting checked by paramedics and following up with a doctor helps protect both health and the claim.
- Exchange information with the other driver and gather witness contacts. The at-fault driver may admit fault at the scene but later change their statement. Getting their name, insurance details, and vehicle information prevents later disputes. Witnesses who saw the crash can provide statements that help counter any attempts to shift blame.
- Take photos and videos of the accident scene. Crash evidence disappears quickly, especially if debris is cleared from the road or weather conditions change. Photos of vehicle damage, skid marks, road conditions, and traffic signals can provide proof of what happened. Injury photos also help demonstrate the severity of the crash.
Steps to Take in the Following Days
- Follow all medical recommendations and document treatment. Skipping follow-up care gives insurance companies a reason to dispute the severity of injuries. Keeping track of doctor visits, prescriptions, and therapy sessions helps support a claim for ongoing medical costs.
- Avoid speaking with insurance adjusters before consulting an attorney. The other driver’s insurance company may ask for a recorded statement or offer a fast settlement before the full impact of injuries is known. Saying the wrong thing or accepting a low offer can make it harder to recover full compensation later.
- Keep records of accident-related expenses. Every medical bill, lost paycheck, and repair estimate should be saved. A claim should account for all financial losses, not just immediate expenses. Having clear documentation strengthens the case and prevents insurance companies from undervaluing the claim.
Taking the right steps after a motorcycle crash makes it harder for insurance companies to dispute liability or reduce payouts. Clear records of medical care and accident-related costs show the financial impact of the crash and help secure full compensation.
Who Is Responsible for a Motorcycle Accident?
Fault in a motorcycle accident is based on four key elements: duty, breach, causation, and damages.
The at-fault party has to have had a duty to act responsibly, violated that duty through negligence, caused the crash as a result, and left the motorcyclist with injuries or financial losses. Establishing these elements is necessary to hold negligent parties accountable.
Negligent Drivers
Holding a driver responsible for a motorcycle accident requires proving they violated traffic laws or failed to act with reasonable care. Left-turn violations, unsafe lane changes, and following too closely are common factors, but liability isn’t automatic.
- Traffic laws – If a driver ignored right-of-way rules, ran a red light, or failed to signal, those violations help prove negligence.
- Evidence from the crash – Vehicle damage, skid marks, and crash reconstruction can confirm how the collision happened.
- Driver behavior – Distraction, speeding, or impairment may indicate recklessness, which can strengthen a claim.
Insurance companies may argue that the motorcyclist was partially at fault, which can reduce compensation under Florida’s comparative negligence rule. A case that shows the driver’s actions caused the crash can prevent that from happening.
Government Liability for Unsafe Roads
Poorly maintained roads can be just as dangerous as negligent drivers. Potholes, broken pavement, and missing or obstructed signs can all lead to crashes, especially for motorcyclists.
When road conditions contribute to an accident, a government agency may be responsible for failing to maintain safe driving conditions. Holding a city or county accountable requires proving that officials knew about the hazard and did not repair it within a reasonable time. Claims against government entities have strict deadlines, and failing to act quickly can limit the ability to recover compensation.
Defective Motorcycle Parts or Repairs
A mechanical failure can cause a crash when a part fails unexpectedly or a repair shop makes a mistake. Fault may rest with:
- Manufacturers if a defective part caused the failure
- Repair shops if poor maintenance led to a breakdown
- Parts suppliers if a faulty or recalled component was used
Figuring out whether a defect or improper repair played a role in the crash takes more than just a visual inspection. Mechanics, engineers, or other experts may need to examine the motorcycle, review maintenance history, and analyze how a failure led to the accident. Identifying the specific issue—whether it was a faulty brake system, a poorly installed part, or a manufacturing defect—helps connect the failure to the accident.
The cause of a motorcycle accident shapes the case and determines what evidence is needed to prove fault. Whether the crash was caused by another driver, a dangerous road, or a mechanical failure, the right case strategy makes all the difference in securing compensation.
Modified Comparative Negligence in Florida
Florida’s modified comparative negligence rule prevents motorcyclists from recovering compensation if they are more than 50% responsible for the crash. Those found 50% or less at fault can still recover damages, but their compensation is reduced based on their percentage of fault, whether decided in settlement negotiations or in court.
Fighting Back Against Insurance Company Tactics
Some insurance companies look for ways to limit payouts, making it harder for injured riders to recover full compensation. Adjusters may dispute fault, question the severity of injuries, or delay the process in hopes of pressuring victims into accepting a lower settlement.
How Insurers May Reduce or Deny Claims
Blaming the motorcyclist – Some insurers argue that the rider was speeding, riding recklessly, or contributed to the crash in some way, even when another driver was at fault.
Questioning injuries – Adjusters may claim that medical records don’t support the severity of injuries or that pre-existing conditions are responsible for symptoms. Delays in seeking treatment can also be used as a reason to dispute coverage.
Extending the claims process – Some companies take longer than necessary to process claims, hoping financial strain will push an injured rider to accept a lower settlement.
How Our Motorcycle Attorneys Build Winning Cases
Proving fault with crash evidence – We can use accident reports, surveillance footage, and expert analysis to establish what happened and counter any attempts to shift blame onto the rider.
Documenting the full impact of injuries – Our attorneys work with medical professionals to show the severity of injuries, expected recovery time, and long-term costs, which keeps insurers from downplaying damages.
Pushing back against delays and low offers – We take over negotiations to keep the process moving and make sure our clients aren’t pressured into accepting less than they are owed.
A strong case leaves little room for dispute. When fault is clearly established and medical and other records support the extent of injuries, insurers have fewer opportunities to reduce payouts. Our motorcycle attorneys focus on building cases that stand up to scrutiny and make it more difficult for companies to justify low offers or unnecessary delays.
What Compensation Can Motorcycle Accident Victims Recover?
A motorcycle crash can leave riders unable to work with a mountain of medical bills and other unexpected expenses. Compensation should cover both immediate costs and long-term financial losses.
Types of Compensation Available
- Medical expenses – Covers hospital stays, surgeries, therapy, and long-term care.
- Lost wages and reduced earning potential – Accounts for time off work and lasting effects on income.
- Pain and suffering – Includes physical pain, emotional distress, and reduced quality of life.
- Property damage – Pays for repairs or replacement of the motorcycle.
- Wrongful death compensation – Provides financial support for families who lost a loved one.
Factors That Affect Compensation
- Severity of injuries – More serious injuries lead to higher medical costs and a greater impact on daily life.
- Insurance policy limits – The at-fault driver’s coverage may determine how much can be recovered.
- Comparative fault – Florida law reduces compensation if the motorcyclist is found partially responsible for the crash.
The amount recovered depends on how well the case proves the full extent of the losses. Every expense and impact of the crash should be documented to prevent insurance companies from trying to pay less than what’s owed.
Florida’s Statute of Limitations for Motorcycle Accident Claims
Florida law gives motorcycle accident victims two years from the crash date to file a personal injury lawsuit.
Exceptions That May Shorten or Extend the Deadline
- Claims against government bodies – Cases involving unsafe roads or other government negligence may have much shorter deadlines.
- Minors – If the injured rider is under 18, the filing window may be extended.
- Delayed diagnoses – If an injury wasn’t immediately discovered, the deadline may start from the date of diagnosis.
Time moves fast after an accident, and waiting too long can make it harder to gather evidence and build a compelling case. Taking action as soon as possible helps avoid missed deadlines and lost compensation.
Why Work With a West Palm Beach Motorcycle Accident Lawyer?
Motorcycle accident cases come with challenges that can make it harder to recover full compensation. Insurance companies may look for ways to reduce payouts, and proving fault isn’t always straightforward. An experienced motorcycle accident lawyer builds a case that holds the right party accountable and prevents insurers from minimizing damages.
What Our Attorneys Do for Your Case
- Investigate the crash using police reports, witness statements, all available evidence, and expert analysis.
- Handle all communication with insurance companies to prevent mistakes that could reduce compensation.
- Push back against low settlement offers and wrongful blame that could unfairly reduce a claim.
- Take the case to trial if a fair settlement isn’t offered.
Why Choose Lesser, Landy, Smith & Siegel, PLLC?
- Extensive experience representing injured motorcyclists.
- A track record of securing maximum compensation for medical bills, lost wages, and long-term needs.
- No upfront fees—clients only pay if we win.
Speak With a West Palm Beach Motorcycle Accident Lawyer Today
Time is limited to take action after a motorcycle accident, and waiting too long can make it harder to gather evidence and secure adequate compensation. Speaking with an attorney before dealing with insurers can help prevent costly mistakes.
Call our West Palm Beach motorcycle accident lawyers at (561) 655-2028 for a free consultation.
Lesser, Landy, Smith & Siegel stands ready to fight for compensation so that you can focus on rebuilding your life.
