Florida Motorcycle Accident Lawyers
Pursuing Justice & Compensation for Wrongfully Injured Motorcyclists
If you were injured in a motorcycle accident, you may worry about affording medical care, bike repairs, securing time off work, and your future earnings. No matter the extent of your injuries, you deserve justice—which is where having an experienced motorcycle accident attorney in Florida on your side can make all the difference.
At Kemp Law, we understand the lasting physical and emotional harm a motorcycle crash can cause. Our motorcycle accident attorneys are dedicated to helping you obtain the settlement you need to focus on healing. We work diligently to hold negligent parties accountable and protect your rights at every turn.
With over 20,000 cases handled across Florida, our firm has built a reputation for relentless advocacy and winning results. We prepare every case for trial and never hesitate to litigate if that is necessary to reach a favorable outcome. As members of the prestigious Multi-Million Dollar Advocates Forum, our attorneys rank among the top 1% in the country, providing 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 or by calling (727) 788-6792 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 aware of these risks and understanding your rights as a motorcyclist is essential to help prevent life-altering collisions on Florida’s busy roads.
Common Causes of Motorcycle Accidents
Florida’s open roads attract thousands of motorcyclists each year. Unfortunately, accidents still occur far too often. Understanding the common causes of collisions and your legal rights as a motorcyclist can help you protect your safety and pursue fair compensation if a crash happens.
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, and other distractions increase the risk of serious accidents.
- Tailgating. Motorcycles need more space to stop safely. Following too closely can cause rear-end collisions.
- Unsafe lane changes. Drivers who fail to check blind spots or signal before changing lanes are more likely to hit an overlooked motorcyclist.
- Roadway hazards. Potholes, debris, uneven pavement, slick surfaces, and other hazards are much more dangerous for motorcycles than cars.
- Reckless driving. Speeding and other reckless driving shorten reaction time, raising the likelihood and severity of collisions.
- Driving under the influence (DUI). Drunk or drugged driving impairs judgment and reaction time, which can lead to severe accidents.
Why Choose Kemp Law as Your Motorcycle Accident Lawyer?
Selecting the right legal representation after a motorcycle accident means choosing a law firm that invests in every client and provides direct, hands-on support from experienced attorneys. At Kemp Law, you will not be passed off to a junior associate. Instead, you work directly with the firm’s leadership who understand the specific laws affecting Florida motorcyclists. Our reputation for thorough case preparation, clear communication, and personalized strategies sets us apart from other firms. We ensure that each case receives careful analysis, whether it involves reviewing medical bills, reconstructing the scene, or negotiating with insurance companies that challenge fair payouts.
We commit to keeping clients informed every step of the way. Our team’s familiarity with Florida courts and insurance adjusters helps us anticipate challenges and respond quickly to legal developments. Because we understand the anxiety and uncertainty following a life-altering accident, we make the process as straightforward as possible and work to obtain results that support our clients’ long-term recovery and quality of life.
FAQs
How Long Do I Have to File a Motorcycle Accident Lawsuit in Florida?
The statute of limitations for personal injury claims in Florida is generally two years from the accident date. If you miss this deadline, the court will most likely dismiss your case. Acting quickly helps you preserve evidence and meet all legal requirements.
Can I Recover Damages If the Person Who Hit Me Was Uninsured?
Yes, you can seek damages through your own uninsured/underinsured motorist (UM/UIM) coverage if available. If you do not have UM/UIM, recovering full compensation is more challenging, but you may explore other options, such as suing the at-fault driver directly if they have assets.
What Should I Bring to My First Attorney Consultation After a Motorcycle Accident?
Bring a copy of the police report, photos of the scene and your injuries, medical records, repair estimates, your insurance information, and any contact info for witnesses. Providing this information lets the attorney assess your claim and advise you on next steps.
Common Injuries in Motorcycle Accidents
Compared to other drivers, motorcyclists face a higher risk of catastrophic injuries in a collision. This happens because motorcycles lack protective caging, leaving riders exposed to greater 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, we understand the tremendous hardships these life-altering injuries cause. Our goal is to recover compensation for your current and future care needs, so you can focus on recovery. We help you pursue damages for both economic and non-economic losses, from surgeries and treatment costs to psychological trauma and PTSD.
Your Rights as a Motorcyclist in Florida
Understanding your rights as a motorcyclist is crucial, especially after an accident. Florida’s unique laws regarding motorcycle accidents can significantly influence your claim. Florida is a no-fault state, which means that, in many cases, your own insurance may cover medical expenses regardless of fault. However, navigating these laws can be complex, so having a knowledgeable attorney by your side helps protect your rights.
Here are some important rights and considerations for bikers in Florida:
- Right to Compensation: You can seek compensation for medical expenses, lost wages, and pain and suffering resulting from the accident.
- Right to Choose Your Legal Representation: You have the freedom to select an attorney experienced in motorcycle accident cases who understands Florida law.
- Right to a Fair Investigation: After an accident, you deserve a thorough investigation to determine liability accurately.
- Right to Access Medical Care: You should not delay seeking medical attention, as it’s a vital step in protecting your health and claim.
- Right to Appeal: If you believe your settlement offer is inadequate, you can challenge it with your attorney’s help.
At Kemp Law, we are committed to ensuring that your rights are upheld throughout the legal process. Our experienced team helps you navigate your claim and fights for the compensation you deserve. Don’t hesitate to reach out for a free consultation to discuss your case.
Our Commitment to Client Success
At Kemp Law, we understand that navigating the aftermath of a motorcycle accident can be overwhelming. Our dedicated team of attorneys is well-versed in legal matters and committed to supporting you through your recovery. We take pride in providing personalized attention, making sure you feel heard and valued at every step.
Here’s how we go the extra mile for our clients:
- Free Consultations: We offer free initial consultations to help you understand your options with no financial commitment.
- Tailored Strategies: Every case is unique, so we create customized legal strategies tailored to your specific needs and circumstances.
- Expert Collaboration: Our network includes medical professionals and accident reconstruction specialists who work with us to build a strong case for you.
- Contingency Fee Basis: You don’t pay us unless we win your case, giving you peace of mind during this difficult time.
- Ongoing Support: We keep you updated on your case’s progress, so you’re never left in the dark.
Let us take the burden off your shoulders and fight for the compensation you deserve.
Contact Kemp Law today by calling (727) 788-6792 to schedule your free consultation and experience the difference our firm offers.
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 age 21 must wear a helmet. Riders 21 or older may ride without a helmet if they have an insurance policy with at least $10,000 in medical benefits.
While helmet use is a personal decision, not wearing one may affect your ability to recover compensation after an accident. Insurance companies often try to avoid fair payouts by arguing that choosing not to wear a helmet led to more severe injuries.
At Kemp Law, our lawyers understand these legal nuances and aggressively protect your rights. We look for every opportunity for financial recovery and hold insurers accountable for fulfilling their legal and ethical duties.
What Damages Are Recoverable in a Motorcycle Accident Claim?
Various damages may be recoverable after a motorcycle accident. Common types of compensation include medical expenses, lost wages, lost earning capacity, and property damage, as well as damages for pain and suffering, emotional distress, loss of enjoyment of life, and permanent scarring or disfigurement.
If the motorcycle accident results in a wrongful death, surviving family members may receive compensation for burial and funeral costs, loss of consortium, lost income and benefits, and other losses. In rare instances, the court may award punitive damages to punish 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 critical for your safety and to support your claim for compensation. Consider taking these steps:
- Seek medical attention. Get immediate medical care to rule out serious injuries and create formal records of your injuries.
- Report the accident. Call 911 to notify law enforcement. Request a copy of the official accident report for your claim.
- Collect information. Exchange contact and insurance details with other parties, including witnesses present at the scene.
- Gather evidence. Take photos or videos of the accident scene, vehicle damage, and your injuries.
- Document everything. Keep thorough records of all medical care, expenses, and how your daily life is affected.
- Seek sound counsel. A motorcycle accident lawyer in Florida can help protect your rights and represent you in pursuing fair results.
Should I Accept the Insurance Company’s First Offer After a Motorcycle Accident?
Insurance companies often push low settlements to resolve claims quickly and cheaply, which can deprive victims of deserved compensation. Accepting the first offer risks leaving you without critical financial support for immediate and long-term needs, making dependable legal guidance essential.
Don’t risk your financial security after a crash. At Kemp Law, we take a compassionate, honest, and client-centered approach to every case. When you work with our nationally recognized attorneys, expect clear communication and personalized attention throughout your case.
Can I Seek Damages in a Motorcycle Accident Claim if I Was Partially at Fault?
Florida follows a modified comparative negligence system, so you can recover damages after a crash as long as your share of liability is 50% or less. If you are found 51% at fault or more, you cannot receive compensation. Any damages awarded will be reduced by your percentage of fault. For example, if you are 10% at fault for a collision totaling $100,000 in damages, you may collect only $90,000 ($10,000 less than the original amount).
Do not admit fault. Even a simple apology can be used against you in negotiations to reduce your claim. Regardless of the type or severity of your injuries, seeking experienced representation increases your chances of recovering the maximum compensation. Our attorneys understand these legal intricacies and work to maximize the value of your claim.
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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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.
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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.
