Florida Motorcycle Accident Attorneys
Pursuing Justice & Compensation for Wrongfully Injured Motorcyclists
If you were injured in a motorcycle accident, you may be concerned about affording medical care and bike repairs, securing time off work, and even your future earnings. No matter the extent of your injuries, you deserve justice—which is where having an experienced motorcycle accident attorney on your side can make all the difference.
At Kemp Law, we understand the lasting physical and emotional harm that comes with a motorcycle crash. Our motorcycle accident attorneys are dedicated to obtaining the settlement you need to focus on healing. We can work diligently to hold negligent parties accountable while protecting your rights at every turn.
With over 20,000 cases handled across Florida, our firm has a reputation for relentless advocacy and winning results. We prepare every case for trial and never shy away from litigation if necessary to achieve a favorable outcome. As members of the prestigious Multi-Million Dollar Advocates Forum, our attorneys are ranked among the top 1% in the country, giving you peace of mind that your health and future are in trusted hands.
If you were harmed in a motorcycle accident, don’t wait to seek justice. Contact us online to discuss your case with our compassionate advocates.
Motorcycle Accident Statistics in Florida
In Florida, thousands of riders are injured in motorcycle accidents every year. The state reported 9,548 crashes in 2023, including 621 fatalities and 2,113 incapacitating injuries. Staying vigilant and understanding your rights on state roads is essential to prevent life-altering collisions.
Common Causes of Motorcycle Accidents
Florida’s open roads attract thousands of motorcyclists each year. Unfortunately, accidents are all too common. Understanding common causes of collisions and your legal rights as a motorcyclist is essential to protecting your safety on state roads and pursuing fair compensation in the event of a crash.
Common causes of motorcycle accidents include:
- Failure to yield. Drivers often overlook motorcycles when pulling into traffic or turning left at intersections, leading to potential collisions.
- Distracted driving. Texting, eating, talking on the phone, adjusting features or settings, and other distractions can increase the risk of serious accidents.
- Tailgating. Motorcycles require more space to stop safely. Following motorcycles too closely can result in rear-end collisions.
- Unsafe lane changes. Drivers who fail to check blind spots or use their signal before changing lanes are more likely to hit an overlooked motorcyclist.
- Roadway hazards. Potholes, debris, uneven pavement, slick surfaces, and other roadway hazards are more dangerous for motorcycles than cars.
- Reckless driving. Speeding and other reckless driving reduces reaction time, increasing the likelihood and severity of collisions.
- Driving under the influence (DUI). Drunk or drugged driving can lead to severe accidents because it impairs a driver's judgment and reaction time.
Common Injuries in Motorcycle Accidents
Compared to other drivers, motorcyclists face a higher risk of catastrophic injuries in a collision. This is largely due to the lack of protective caging between riders and the surrounding road, which exposes them to greater bodily harm in a crash.
Common injuries resulting from motorcycle accidents include road rash, burns, amputations, broken bones and fractures, spinal cord injuries (SCIs), organ damage, traumatic brain injuries (TBIs), and concussions.
At Kemp Law, our firm is familiar with the tremendous hardships resulting from these life-altering injuries. Our goal is to recover compensation for your current and future care needs, freeing you to focus on your recovery. We can help you pursue damages for both economic and non-economic losses, from surgeries and treatment costs to psychological trauma and PTSD.
Can I Still Recover Compensation in a Motorcycle Accident Claim if I Wasn’t Wearing a Helmet?
According to the Florida Highway Safety & Motor Vehicles (FLHSMV), all motorcyclists and passengers under the age of 21 are required to wear a helmet. Riders 21 or older can choose to forgo a helmet if they have an insurance policy with a minimum of $10,000 in medical benefits.
While wearing a helmet is a personal choice, not wearing one may impact your ability to recover compensation after an accident. Insurance companies have a reputation for evading fair payouts by any means necessary, such as arguing that your decision to not wear a helmet resulted in more severe injuries.
At Kemp Law, our lawyers are well-versed in these legal nuances to aggressively protect your rights and advocate for the full compensation you deserve. We assess every avenue for financial recovery to maximize available damages and hold insurers accountable for upholding their legal and ethical obligations.
What Damages Are Recoverable in a Motorcycle Accident Claim?
Various damages may be recoverable in a motorcycle accident claim. Common types of compensation include medical expenses, lost wages, lost earning capacity, and property damage, as well as non-monetary damages like pain and suffering, emotional distress, loss of enjoyment of life, and permanent scarring or disfigurement.
If the motorcycle accident results in a wrongful death, the surviving family members may be entitled to compensation for burial and funeral costs, loss of consortium, lost income and benefits, and other losses. In rare circumstances, the court may also award punitive damages to punish the defendant for especially egregious misconduct and deter similar behavior in the future.
What Should I Do After a Motorcycle Accident?
Knowing what to do after a collision is crucial to prioritizing your safety and recovering compensation for your injuries. Some important steps to take include:
- Seek medical attention. Seeking immediate medical care is a top priority to rule out serious harm and establish formal documentation of your injuries.
- Report the accident. Call 911 to notify local law enforcement of the accident. You may also request a copy of the official report to support your claim later on.
- Collect information. Exchange contact and insurance information from other involved parties, including any witnesses who saw the collision occur.
- Gather evidence. Take photos or videos to document the accident scene, including any vehicle damage and your injuries.
- Document everything. Keep detailed records of all medical treatments, expenses, and impacts on your daily life.
- Seek sound counsel. A motorcycle accident lawyer can protect your rights against greedy insurers and represent you at trial if necessary to achieve a just result.
Should I Accept the Insurance Company’s First Offer After a Motorcycle Accident?
Insurance companies often push lowball settlements to reach fast and cheap settlements, robbing victims of the justice and compensation they deserve. Accepting the first offer can leave you without essential financial aid for your immediate and long-term recovery needs, making it crucial to have confidence in your legal representation.
Don’t leave your economic security to chance after a crash. At Kemp Law, we take a compassionate, honest, and client-centric approach to every case we handle. When you work with our nationally recognized attorneys, you can expect upfront communication and personalized attention from start to finish.
Can I Seek Damages in a Motorcycle Accident Claim if I Was Partially at Fault?
Florida follows a modified comparative negligence system, meaning that you can still recover damages after a crash as long as your share of liability is 50% or less. If you are found to be 51% at fault or more, you will be ineligible to recover compensation. However, any compensation awarded will be reduced by your percentage of the fault. For example, if you are 10% at fault for a collision totaling $100,000 in damages, you may only be entitled to collect $90,000 ($10,000 less than the original value).
Above all, do not admit fault. Even a simple apology may be used against you in negotiations to minimize your claim. No matter the type or severity of your injuries, securing experienced representation is paramount to recovering the maximum compensation available to you. Our lawyers have a deep understanding of these legal intricacies to maximize the value of your claim and calculate the full extent of damages available to you.
If you were injured in a motorcycle crash, don’t hesitate to contact our attorneys for aggressive representation. Call (727) 788-6792 to schedule a free consultation.
FAQs
you deserve answers
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How Do I Know Who Was At-Fault?
Fault is determined by the evidence collected during the investigation. We look to many things to determine fault in the case: we look to the police report, we look to witness statements, we look to the property damage to the vehicles, skid marks, layout of the cars, etc. Sometimes we even have to refer to accident re-constructionists to do a professional examination of the all the evidence to do a recommendation for us, but that does not happen in very many cases.
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Will I Recover Monetary Damages?
It depends on who was at fault for the accident. If you were at fault, your insurance company will pay for the damage to the vehicle. If you were not at fault, the at-fault driver’s or owner’s insurance policy will pay for the damage, and if they do not have enough coverage to cover the damage to your vehicle, your collision coverage (if purchased) would pay for the damage to your vehicle.
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What Documents Will I Need?
We like you to bring the driver’s exchange of information that the police officer gives you at the scene. We also like you bring any photographs of damage at the scene. Also bring your health insurance cards and your auto insurance cards or declarations page, so we can review the coverage available to you.
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What Should I Say To The Insurance Company?
The at-fault party’s insurance company could ask you to give them a recorded statement. You do not have to give them a recorded statement. However, if your own insurance company asks you for a recorded statement please seek advice from your attorney so that they can assist you in giving that statement. But yes you do have to comply and you do have to give your insurance company a recorded statement.
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Will I Have To Go To Court?
Actually, most cases, or a large percentage of the cases are resolved pre-suit, which means the cases never go to court. We work with the insurance companies before filing suit to try to find a fair resolution for the client, which save money on expenses, court costs and attorney’s fees.
