Fort Myers Motorcycle Accident Lawyer

Florida has special rules for motorcycle claims. Riders generally don't have PIP for their own injuries, helmet questions come up, and insurers often start from the idea that the rider was at fault. If you need a Fort Myers motorcycle accident lawyer, this page explains how these claims generally work. It is general information, not legal advice; every case is different.

Where Motorcycle Crashes Happen in Fort Myers

Riders in Fort Myers move between busy commercial roads, the river bridges and I-75. Each type of road brings its own dangers:

• U.S. 41 (Cleveland Avenue) Shopping centers, side streets and driveways line much of this north-south road. Drivers pulling out of a plaza or turning left across traffic may misjudge how fast a motorcycle is coming.
• Colonial Boulevard The main east-west road through the city, from the Midpoint Memorial Bridge to I-75 and beyond. The newer diverging diamond at I-75 and the continuous flow intersection at Six Mile Cypress Parkway move traffic in ways some drivers aren't used to, which can lead to sudden lane changes.
• McGregor Boulevard and Summerlin Road McGregor Boulevard, the road behind the City of Palms nickname, runs along the river past the Edison and Ford Winter Estates. Summerlin Road connects it with Colonial Boulevard and the roads toward Fort Myers Beach. Cars turning in and out of side streets and driveways are a common danger.
• The bridges The Edison, Caloosahatchee and Midpoint Memorial bridges have no side streets and little shoulder. A rider who is cut off or rear-ended on a bridge has nowhere to go.
• I-75 Lane changes near the Daniels Parkway, Colonial Boulevard, Dr. Martin Luther King Jr. Boulevard, Luckett Road and Palm Beach Boulevard exits put riders in drivers' blind spots.
• Road conditions Potholes, loose gravel, uneven pavement, debris and standing water after a storm can cause a crash. When a government agency or a contractor is responsible for the road, special notice rules may apply.

Florida Motorcycle Laws That Affect Your Claim

• No PIP for the rider Florida's PIP law applies to vehicles with four or more wheels, so a motorcyclist generally doesn't have PIP for their own injuries. That makes the at-fault driver's insurance and your own uninsured/underinsured motorist coverage especially important.
• Helmets Under section 316.211 of the Florida Statutes, riders over 21 may ride without a helmet if they carry an insurance policy with at least $10,000 in medical benefits, and eye protection is required. Riding without a helmet does not, on its own, end a claim, but the insurer may argue it made some injuries worse.
• Lane splitting Riding between lanes of traffic is not allowed in Florida (section 316.209). If the other side says you were lane splitting, the evidence matters.
• Comparative fault In general, a rider found more than 50% at fault can't recover damages, and a rider found 50% or less at fault has the recovery reduced by that percentage.

When the Insurer Blames the Rider

Many people picture motorcyclists as risk-takers, and adjusters know it. But a large share of motorcycle crashes start with a driver who simply didn't look before turning or changing lanes. To push back, you need proof: where each vehicle was damaged, the final resting spots, skid marks, witness statements, video from nearby businesses and, in some cases, an accident reconstruction.

Help yourself from day one. Don't guess at your speed with an adjuster, stay off social media about the crash and your injuries, and keep your helmet, jacket, gloves and boots as they are.

Steps to Take After a Motorcycle Crash in Fort Myers

1. Get medical care right away. Call 911 and get checked, even if you feel fine. Some serious injuries don't show up at first.
2. Find out who wrote the report. Inside the city, the Fort Myers Police Department handles crashes; in unincorporated Lee County, the Lee County Sheriff's Office; on I-75, often the Florida Highway Patrol. Write down the report number.
3. Keep the bike and your gear. Don't repair, sell or scrap the motorcycle, and don't throw away your helmet, until it can be inspected.
4. Take photos. Photograph the motorcycle, the other vehicle, the road surface, gravel or debris, skid marks and your injuries.
5. Talk to a lawyer before giving a statement. Adjusters may try to get you to agree that you were speeding or weaving.

Injuries, Insurance and What a Claim Can Include

Motorcycle injuries are often serious: broken bones, road rash, head and spine injuries and injuries that need surgery or long therapy. A claim against the at-fault driver may include past and future medical care, lost income, lost earning ability, damage to the motorcycle and gear, and pain and suffering.

Because riders usually don't have PIP, finding coverage comes first. If the driver who hit you carries little or no bodily injury coverage, the uninsured/underinsured motorist coverage on your motorcycle policy may help, if you have it. Your health insurance may pay some bills and then ask to be repaid from any recovery. We look at every policy that might apply.

Read more about motorcycle accident claims in Florida, or go back to our Fort Myers car accident and personal injury page.

How We Help Injured Riders in Fort Myers

Tomas Robirosa serves Fort Myers and all of Lee County, including Cape Coral and Lehigh Acres, and you can talk with him directly in Spanish or English. We gather the evidence, handle the insurance companies, look for every source of coverage and, if needed, file suit in Lee County. Meetings can be by phone, by video or in person.

We work on a contingency basis: no fee unless we recover. Call (305) 600-0529 for a free consultation.

Frequently Asked Questions