Motorcycle Accidents

South Florida rides year-round. So do the people who pull out in front of bikes, open doors into them, and leave them in a blind spot on I-95 or A1A. When a rider is hurt, the insurer's first story is usually that the motorcycle was speeding, lane-splitting, or "came out of nowhere."


Thompson Legal, P.A. handles motorcycle injury claims from Davie for Broward, Miami-Dade, Palm Beach County, and all across the State of Florida. In 2024, Florida recorded 9,455 motorcycle crashes and 598 motorcycle deaths, counting riders and passengers (FLHSMV Traffic Crash Facts 2024). Miami-Dade had 1,398 of those crashes and 67 deaths. Broward had 777 crashes and 36 deaths. Palm Beach had 489 crashes and 32 deaths.


Fearless in the Courtroom. Relentless in the Fight. We do not apologize for the fact that our client was on a motorcycle. We prove who caused the crash.

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What counts as this kind of case

  • A car or truck turned left across the rider
  • A driver changed lanes into a bike, or rear-ended one in stopped traffic
  • A door opened into the rider's path
  • Road debris, a drop-off, or a slick unmarked patch a public entity or contractor left behind
  • A group ride or a passenger hurt on the back of the bike
  • A hit-and-run, which may turn into an uninsured-motorist claim on whatever policy applies

If a rider or passenger died, the family's claim belongs with wrongful death:

If the other vehicle was on an Uber or Lyft trip, use the rideshare page as well. Those policies have extra layers:

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Florida law that matters here

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Motorcycles are outside PIP

For no-fault insurance, Florida defines a "motor vehicle" as a self-propelled vehicle with four or more wheels that must be licensed for the highway (Fla. Stat. §627.732). A motorcycle does not qualify. Riders generally do not collect PIP on the bike the way a driver collects PIP on a car. Medical bills go straight into the claim against the at-fault driver, health insurance, or MedPay if a policy has it.

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The car-crash pain-and-suffering threshold is not the same fight

Many car occupants must prove a permanent injury before they can collect pain and suffering from a no-fault-insured driver (Fla. Stat. §627.737). Florida's Third District Court of Appeal held that motorcyclists, who are excluded from no-fault, are not subject to that threshold (Scherzer v. Beron, 455 So. 2d 441 (Fla. 3d DCA 1984)). You still have to prove the other driver was negligent and prove the harm.

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Your own uninsured-motorist claim may be different

A claim on UM coverage may still require a permanent injury. (see Fla. Stat. §627.727(7)).

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Deadline

Negligence claims arising on or after March 24, 2023, are generally subject to a two-year statute of limitations (Fla. Stat. §95.11). Earlier crashes may have a longer period. Do not guess.

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More than 50% at fault can end the case

Florida's comparative-fault statute bars any recovery if you are found more than 50% at fault (Fla. Stat. §768.81). Insurers push this with speed estimates, lane position, and helmet arguments. Being over 50% is a defense they have to prove. It is not automatic because you ride.

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Helmets

Florida requires a helmet unless the rider is over 21 and carries at least $10,000 in medical benefits for motorcycle injuries (Fla. Stat. §316.211). Not wearing one does not, by itself, throw out a claim. It can be used against you on head-injury damages.

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How Thompson Legal helps

Bike cases get low offers when the lawyer looks easy to beat. We build the file the way we build a car case we intend to try.

  • Scene work: sight lines, skid or scrape marks, traffic-camera and business-camera requests before the video is taped over.
  • A full account of the bike's damage and the rider's gear, which often shows where the impact was.
  • Medical proof that separates the crash injuries from anything the insurer wants to call "pre-existing."
  • A direct response to the "bikers are reckless" theme, using the driving decision that actually caused the crash.
  • A fee charged only if we recover. The percentage is in the written fee agreement, explained before you sign. No invented results, no pressure to take the first check.

Free case review. (954) 510-3366. 6490 Griffin Road, Second Floor, Davie, FL 33314.

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FAQ

  • Does the other driver's insurance have to pay my hospital bill right away?

    Not the way PIP does for a car occupant. The bodily-injury claim usually pays at the end, after fault and damages are shown. Health insurance or MedPay may cover treatment in the meantime. We sort out which policy is actually available.

  • I was not wearing a helmet. Can I still bring a claim?

    Often yes, especially for injuries that a helmet would not have changed. The defense will still raise it. Bring it up on the first call so we are not surprised later.

  • The police report says I was at fault. Is it over?

    No. The report is a piece of evidence. Crash reports are wrong often enough that we do not let a single paragraph decide the case. Florida's 50% bar is a trial issue, not a sentence in a report.


  • Do you only settle?

    No. The firm's practice is to prepare cases for the courtroom. Many files resolve, but only for a number that matches the harm. If it does not, we try the case.

Get in touch

Riders and passengers hurt in Broward, Miami-Dade, or Palm Beach can call Thompson Legal, P.A. at (954) 510-3366 for a free case review. Office: 6490 Griffin Road, Second Floor, Davie, FL 33314. Fearless in the Courtroom. Relentless in the Fight.