Evidence should establish what each driver did before impact
Florida Personal Injury · Orlando · Fort Myers
Florida Motorcycle Accident Lawyer
Injured in a Florida motorcycle crash? The Nunez Law Firm investigates the collision, identifies responsible parties and available insurance, and evaluates how your injuries impact your life and work.
We handle complex claims involving negligent drivers, commercial vehicles, disputed fault, uninsured motorists, serious injuries, and fatal crashes
Quick Facts
What matters after a crash
01
Fault
02
Insurance
Liability, commercial, UM/UIM, and other available coverage may need review
03
Medical proof
Records should document the injuries, treatment, and future medical needs.
04
Deadline
Crash Scenarios
Motorcycle crashes that may lead to a Florida injury claim
Motorcycle cases often turn on visibility, vehicle position, timing, road conditions, and what each driver did immediately before impact. Fault should be determined from evidence rather than assumptions about the rider
01
Left-turn crashes
A driver turning left across a rider’s path can cause a serious intersection collision. Signal timing, sight distance, witnesses, and video may help establish what happened
02
Unsafe lane changes
A driver who moves into an occupied lane may strike a motorcycle or force the rider off the road. Blind spots, lane position, and available video can become important evidence
03
Rear-end crashes
A motorcycle can be struck from behind or become involved in a disputed rear-end collision. Vehicle positions, braking, traffic conditions, and driver conduct still matter when fault is contested
04
Distracted driving
Phone use, inattention, unsafe turns, failure to yield, and delayed braking can become part of the liability investigation
05
Commercial vehicles
A crash involving a truck, delivery vehicle, or other commercial vehicle may require review of the driver, employer, commercial insurance, and vehicle or company records
06
Road hazards
Debris, unsafe pavement, construction conditions, or another roadway problem may require investigation. A dangerous condition does not automatically establish liability, and government-related claims can involve special procedures
Florida Filing Deadline
How long do you have to file a Florida motorcycle accident lawsuit?
2 years. For negligence causes of action accruing after March 24, 2023, Florida generally provides a two-year limitations period. A motorcycle accident claim arising before that date may be governed by the prior limitations period.
The actual deadline can also depend on the causes of action, defendants, and facts. Claims involving government entities may require separate presuit notice or presentment procedures, so the deadline should be checked for the specific case
Source: Florida Statutes § 95.11
Fault & Helmet Issues
What if the insurance company says the motorcyclist was partly at fault?
Several Florida statutes can affect medical benefits, noneconomic damages, shared fault, and the time available to file a lawsuit
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Source: Florida Statutes § 768.81
Florida uses modified comparative fault
In negligence actions governed by Florida Statutes § 768.81, fault assigned to an injured rider can reduce recoverable damages in proportion to the rider’s percentage of fault.
A party found more than 50% at fault for his or her own harm cannot recover damages in a negligence action to which the statute applies. At 50% or less, damages may be reduced by the assigned percentage of fault
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Does riding without a helmet destroy the claim?
No. Florida law allows a person over 21 to operate or ride on a motorcycle without protective headgear if the person has an insurance policy providing at least $10,000 in medical benefits for injuries sustained in a motorcycle crash.
Helmet nonuse does not automatically defeat or reduce an injury claim. In a head-injury case, however, a defendant may raise helmet nonuse as a comparative-fault issue if evidence supports a causal connection between the lack of a helmet and the injuries being claimed
After the Collision
What insurance can apply to a Florida motorcycle accident?
Motorcycle coverage must be reviewed policy by policy. A motorcycle injury claim should not be treated as if it automatically follows the same PIP rules as a passenger-car claim
Good to know
Motorcycles and Florida PIP: Florida's No-Fault Law defines a "motor vehicle" for PIP purposes as a self-propelled vehicle with four or more wheels. Standard PIP benefits required by Florida's No-Fault Law therefore generally do not cover injuries sustained while a person is occupying a motorcycle. The PIP 14-day treatment rule should not be presented as a general deadline for pursuing a motorcycle injury claim.
Sources: Florida Statutes § 627.732 · Florida Statutes § 627.727
01
At-fault driver's liability insurance
Bodily injury liability coverage may provide compensation when another driver is legally responsible for causing the rider’s injuries
02
Commercial insurance
A crash involving a truck, delivery vehicle, company vehicle, or employee acting within the scope of employment may involve commercial or employer coverage
03
UM/UIM coverage
Uninsured or underinsured motorist coverage can be important when the at-fault driver has no bodily injury insurance or insufficient limits. Availability depends on the applicable policy, insured status, limits, exclusions, and any valid written rejection or selection of lower limits.
04
Other medical coverage
Health insurance or motorcycle-specific medical-payments coverage may help address medical expenses while the liability claim is pending, depending on the coverage actually in place
Crash Scenarios
Motorcycle Crash Investigation
What evidence can prove how a motorcycle accident happened?
Evidence can establish vehicle position, visibility, driver conduct, impact points, road conditions, and whether another person or company contributed to the collision
01
Scene evidence
Photos, video, debris, vehicle positions, lane markings, traffic controls, and road conditions
02
Witness evidence
Independent witnesses, passengers, first responders, driver statements, surveillance, and dashcam footage
03
Vehicle evidence
Motorcycle damage, other vehicle damage, inspections, repair information, and available electronic or commercial vehicle data
04
Claim evidence
Insurance policies, medical records, wage records, treatment recommendations, bills, and documentation of ongoing limitations
How We Help
What does a Florida motorcycle accident lawyer do?
Our Process
01
Investigate the collision
We determine how the crash happened and identify evidence relevant to fault.
02
Identify defendants and insurance
We identify potentially responsible parties and applicable insurance coverage.
03
Document injuries and losses
We organize medical, wage, property-damage, and other evidence needed to document the claim.
04
Handle disputed fault and negotiations
We address liability disputes, communicate with insurers, evaluate settlement positions, and prepare litigation when a claim cannot be resolved on acceptable terms.
About The Firm
The Nunez Law Firm
The Nunez Law Firm is a Florida personal injury firm with offices in Orlando and Fort Myers. The firm represents injured motorcyclists and other accident victims in matters involving serious injuries, insurance coverage, disputed liability, and wrongful death.
Learn about Rafael O. Nunez, Jr., Esq. →
Florida
Motorcycle accident representation
Orlando
Florida office
Fort Myers
Florida office
Free
Initial case assessment
Attorney fees: motorcycle accident cases are handled on a contingency-fee basis. The written representation agreement controls attorney-fee terms and responsibility for case costs and should be reviewed before representation begins.
Medical Evidence & Damages
How injuries and financial losses are documented
Medical evidence should connect the injuries to the crash
Depending on the injury, useful medical evidence may include emergency records, diagnostic imaging, specialist evaluations, surgery, rehabilitation, physical therapy, work restrictions, future treatment recommendations, and medical opinions about long-term limitations.
Prompt medical care still matters. A motorcycle rider does not need to satisfy a universal 14-day PIP deadline to preserve a negligence claim, but delays in treatment can create medical and evidentiary disputes about causation, severity, and the need for care.
Potential damages depend on the evidence
There is no standard motorcycle accident settlement amount. Depending on the claims and proof, damages may include:
- Past medical expenses
- Reasonably supported future medical care
- Lost wages and income
- Reduced earning capacity
- Pain, suffering, and other noneconomic damages when legally recoverable
- Damage to the motorcycle and riding equipment
- Other accident-related economic losses supported by evidence
Free Case Assessment
Talk to a Florida motorcycle accident lawyer
If you were injured in a motorcycle crash, The Nunez Law Firm can review fault, insurance, injuries, damages, and applicable filing deadlines. The initial assessment is free and there is no obligation to proceed after the initial conversation