Motorcycle Accident Lawyer

For crashes occurring on or after March 24, 2023, the statute of limitations is two years from the date of the accident. Wrongful death from a fatal motorcycle crash is also two years. The legal deadline is one timeline; preservation of physical evidence is another. The crashed motorcycle and the at-fault vehicle should be photographed, measured, and (in catastrophic cases) preserved for accident reconstruction analysis as soon as possible. Tow yards routinely sell or scrap unclaimed wrecks within 30 to 90 days. Getting on a motorcycle case in the first weeks gives us the chance to preserve the physical evidence before it disappears.

Generally no. Florida PIP statutorily excludes motorcycles — meaning if you own a motorcycle and crash it, your auto policy’s PIP does not pay. Some riders carry separate medical payments coverage on their motorcycle policy, which functions similarly to PIP. Health insurance, Medicare, and Medicaid often cover the initial medical treatment with a subrogation claim against any eventual settlement. UM coverage on your motorcycle policy is usually the most important coverage layer if the at-fault driver has minimum or no coverage. We pull every applicable policy at intake — your motorcycle policy, any auto policies in your household, any UM coverage you may not realize you have — to map the full available recovery picture.

Yes — significantly. “I never saw the motorcycle” is the most common at-fault driver statement in Florida motorcycle crashes, and Florida law treats it as evidence of negligence, not a defense. Drivers are required to maintain a proper lookout for all traffic, including motorcycles, which are smaller and more difficult to perceive in normal traffic. The statement essentially admits that the driver failed to look properly before pulling out, turning, or changing lanes. We document this statement carefully when it appears in the police report or in early statements, and we use it at deposition and trial. Defense counsel try to rehabilitate the witness by reframing the statement, but the original “I didn’t see the bike” testimony is hard to walk back.

Lane splitting is illegal in Florida under Fla. Stat. § 316.209 and will be raised as comparative fault by the defense. Florida operates under modified comparative negligence — if you are found more than 50% at fault, you recover nothing; if 50% or less at fault, your recovery is reduced by your percentage. Lane splitting alone rarely pushes a rider over 50% when the at-fault driver also committed a serious traffic violation (lane change without checking, distracted driving, failure to yield). We have recovered substantial damages in lane-splitting cases when the underlying driver negligence was clear. The case becomes harder, not impossible. Honest disclosure at intake about whether you were splitting helps us build the case on realistic facts.

Yes. Out-of-state riders injured in Florida have full standing to bring Florida personal injury claims for crashes occurring in Florida. Jurisdiction sits where the crash happened (or where the defendant lives, in some scenarios). Many of our motorcycle clients are not Florida residents — riders come from across the Southeast and the upper Midwest for Bike Week and Biketoberfest, and the Marion County / Volusia County corridor sees its highest motorcycle volume during those weeks. The Florida statute of limitations applies (two years from the date of the crash), but you can pursue the case from your home state through Florida counsel. We coordinate with treating physicians in your home state as needed for ongoing medical documentation.

Nothing up front. Motorcycle cases run on the standard contingency fee — we are paid only if we recover, with our fee coming from the recovery itself. Florida Bar rules cap contingency fees at 33.33% of recovery before suit and 40% after. Costs of litigation (accident reconstruction experts, biomechanical engineers, medical experts, life care planners) are advanced by the firm and reimbursed from the recovery if any. If we do not recover anything, you owe nothing for fees or costs. Motorcycle cases often involve more upfront expert costs than standard auto cases because of the bias dynamics and the catastrophic injuries — the firm absorbs those costs as part of the contingency model.

Wildlife strikes are common on SR-40 east of Ocala and on the rural roads around the Ocala National Forest. If a deer (or hog, or other wildlife) caused your crash and there was no other driver involved, recovery options are limited — there is generally no human party at fault to pursue. Your motorcycle’s collision coverage may pay for the bike repair. Your medical payments coverage may pay for some medical bills. Health insurance will cover treatment subject to deductibles. If the wildlife strike was caused by a road defect (missing fencing where required, poor signage, road maintenance failures by FDOT), there may be a claim against the government entity responsible — but those have shorter notice deadlines (three years to file a notice with state agencies under Fla. Stat. § 768.28) and significant damage caps. We evaluate every motorcycle crash, including single-vehicle wildlife cases, for any viable recovery path.