Motorcyclists have almost no protection in a collision, and riders are often blamed for crashes they did not cause. If a driver's carelessness put you in the hospital, you deserve a lawyer who will take your side and push back on unfair assumptions. Miami motorcycle accident lawyer Tomas Robirosa represents injured riders and passengers in Miami-Dade, Broward, and Palm Beach counties, in English and Spanish.
What to Do After a Motorcycle Accident
Get medical attention immediately, even if you feel you can walk away. Adrenaline can hide serious injuries such as head trauma, internal injuries, fractures, and road rash that can become infected. Your medical records will also become key evidence in your claim.
- Call the police and make sure a crash report is made.
- Photograph your bike, the other vehicle, your gear and helmet, skid marks, road debris, and your injuries.
- Keep your damaged helmet, jacket, and gloves. Do not repair the motorcycle until it has been documented.
- Get the other driver's insurance information and the names of witnesses.
- Do not post about the crash on social media, and do not give a recorded statement to the other driver's insurer before speaking with a lawyer.
Insurance for riders works differently in Florida
Florida's Personal Injury Protection (PIP) coverage applies to motor vehicles with four or more wheels, so it generally does not cover motorcycle riders. That means an injured rider's medical bills are often paid through health insurance, optional medical payments coverage, uninsured/underinsured motorist (UM/UIM) coverage, and the at-fault driver's bodily injury liability coverage. Many Florida drivers carry low limits or no bodily injury coverage at all, so reviewing every available policy, including your own UM coverage, is an important early step.
Florida's helmet law
Florida requires riders under 21 to wear a helmet. Riders over 21 may ride without one only if they carry at least $10,000 in medical benefits coverage. All riders must wear eye protection. Not wearing a helmet does not automatically defeat a claim, but insurers often try to use it to reduce what they pay.
Common Motorcycle Accident Injuries
- Head and brain injuriesEven with a helmet, riders can suffer concussions and brain injuries.
- Road rashSliding across pavement can cause deep skin injuries and scarring.
- Broken bonesLegs, arms, collarbones, and wrists are commonly fractured.
- Spinal injuriesBeing thrown from a motorcycle can injure the back and spinal cord.
Fighting Bias Against Motorcyclists in Miami-Dade, Broward, and Palm Beach
Insurance adjusters sometimes assume a rider was speeding or weaving through traffic. We push back with evidence: scene photos, vehicle damage, witness statements, available video, and the physical facts of the crash.
Common causes of motorcycle crashes
- Left-turning driverswho fail to see an oncoming motorcycle at an intersection.
- Unsafe lane changesinto a rider's lane, often because of blind spots.
- Distracted driving, including texting and phone use.
- Opening car doorsinto the path of a rider.
- Road hazardssuch as potholes, debris, and uneven pavement.
- Rear-end collisionsin stop-and-go traffic on roads like I-95, US-1, Biscayne Boulevard, and Collins Avenue.
Florida laws that affect your motorcycle claim
- Two-year deadlineFor most negligence claims arising after March 24, 2023, the statute of limitations is two years.
- Modified comparative negligenceA rider found more than 50% at fault cannot recover; at 50% or less, the award is reduced by the rider's share of fault.
- Lane splitting is illegalFlorida prohibits riding between lanes of traffic, and insurers may raise it if it was a factor.
Damages in a motorcycle case
Depending on the facts, you may be able to seek medical expenses, future care, lost wages, reduced earning ability, pain and suffering, scarring and disfigurement, and the cost to repair or replace your motorcycle and gear. We do not promise outcomes, but we work to document every loss.
Related: truck accidents, car accidents, personal injury. Request a free case review.
Florida Law at a Glance- Deadline to sue: for most negligence claims arising after March 24, 2023, Florida’s statute of limitations is two years.
- Shared fault: Florida uses modified comparative negligence. If you are found more than 50% at fault, you cannot recover damages; at 50% or less, your recovery is reduced by your share of fault.
- PIP and motorcycles: Florida PIP generally does not cover injuries while riding a motorcycle, which makes the at-fault driver’s insurance and your own coverage especially important.
How We Handle Your Case
- Step 1Free consultationWe listen to what happened, answer your questions, and explain your options in plain language, in English or Spanish.
- Step 2InvestigationWe gather the police or incident report, photos, video, witness statements, and every insurance policy that may apply.
- Step 3Documenting your lossesWe organize your medical records and bills, lost income, and other losses so nothing is overlooked.
- Step 4Negotiation or lawsuitWe present your claim to the insurance company and negotiate. If a fair resolution is not offered, we are prepared to file suit.
Frequently Asked Questions
Can I still recover damages if I was not wearing a helmet?
Florida allows riders over 21 to ride without a helmet if they carry at least $10,000 in medical benefits coverage. Not wearing a helmet does not automatically bar a claim, but the insurance company may argue it affected certain injuries, which can reduce the recovery under Florida comparative fault rules.
Does PIP cover motorcycle accidents in Florida?
Generally no. Florida PIP applies to motor vehicles with four or more wheels, so injured riders usually rely on health insurance, medical payments coverage, uninsured/underinsured motorist coverage, and the at-fault driver's liability insurance.
How long do I have to file a motorcycle accident claim in Florida?
For most negligence claims arising after March 24, 2023, the deadline is two years from the date of the crash.
How much does a motorcycle accident lawyer cost?
The consultation is free and personal injury cases are handled on a contingency fee basis, so there is no attorney fee unless there is a recovery.
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