A rider has almost no protection in a collision, so a crash that would leave a car driver bruised can leave a motorcyclist with fractures, road rash, a brain injury, or a spinal cord injury. Gross Law Group represents injured riders, passengers, and the families of riders killed in crashes across the Florida Panhandle and the Space Coast.
We handle injury cases on a contingency fee: No Recovery, No Fee, but the client is responsible for costs such as filing fees, medical records, and expert fees. The first consultation is free. Call (888) 858-1505 or contact us online.
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Key Takeaways About Florida Motorcycle Accident Claims
- Florida's PIP law generally does not cover injuries to a person riding a motorcycle, so other coverage often matters more.
- Riders over 21 may ride without a helmet in Florida only if they carry at least $10,000 in medical benefits coverage for motorcycle crash injuries.
- Many Florida drivers carry no bodily injury liability coverage, which makes a rider's own uninsured motorist coverage important.
- Florida generally allows two years to file, and a person more than 50 percent at fault cannot recover.
- Gross Law Group handles injury cases on a No Recovery, No Fee basis; the client is responsible for costs.
How Motorcycle Crashes Happen
Many motorcycle crashes involve another driver who did not see, or did not yield to, the rider. Common patterns include:
- A driver turning left across the rider's lane at an intersection or driveway
- A lane change or merge into a rider's blind spot
- Rear-end collisions in stop-and-go traffic
- Doors opened into traffic and vehicles pulling out of parking lots
- Road defects, debris, and uneven pavement in construction zones
- Collisions with commercial trucks and delivery vehicles (see our Pensacola and Panama City truck accident pages)
In Northwest Florida, these crashes happen on corridors such as I-10, U.S. 98, U.S. 231, and U.S. 29, and on the beach roads that fill with visitors in season.
Insurance in Florida Motorcycle Claims
Florida's no-fault law defines a motor vehicle as a self-propelled vehicle with four or more wheels (Fla. Stat. 627.732(3)), and PIP benefits are tied to injuries in or involving those vehicles (Fla. Stat. 627.736(4)(e)). As a result, PIP generally does not cover a rider's injuries in a motorcycle crash. That puts more weight on other sources of coverage:
- The at-fault driver's bodily injury liability coverage, if the driver carries it
- Uninsured and underinsured motorist coverage on the rider's own policies, depending on the policy language (Fla. Stat. 627.727)
- Medical payments coverage and health insurance
- Commercial auto policies when the at-fault driver was working
- Coverage of a vehicle owner or employer who may share responsibility
Most private Florida drivers are only required to carry PIP and property damage liability coverage (FLHSMV), so a rider struck by an uninsured or underinsured driver may have limited options without uninsured motorist coverage.
Helmet Laws and Fault
Florida requires motorcycle operators to wear eye protection, and requires operators and passengers to wear a helmet unless the person is over 21 and is covered by an insurance policy providing at least $10,000 in medical benefits for injuries from a motorcycle crash (Fla. Stat. 316.211). Insurers sometimes argue that a rider's speed, lane position, or helmet choice contributed to the injuries. Under Florida's comparative fault law, any share of fault assigned to the rider reduces the recovery, and a rider found more than 50 percent at fault cannot recover. We look closely at the physical evidence and the other driver's conduct before accepting an insurer's version of the crash.
Motorcycle Injuries We Handle
- Traumatic brain injuries, including injuries that affect memory, thinking, or mood
- Spinal cord injuries and paralysis
- Multiple fractures, including injuries that require surgery and hardware
- Road rash and degloving injuries that require skin grafts
- Amputations
- Fatal crashes, through a wrongful death claim on behalf of the family and estate
Florida Law That Affects Motorcycle Claims
Under the 2023 changes to Florida law (HB 837), most negligence claims arising after March 24, 2023 must be filed within two years (Fla. Stat. 95.11(5)(a)), and wrongful death claims also carry a two-year deadline (Fla. Stat. 95.11(5)(e)). Florida now uses modified comparative fault: in most negligence cases (medical negligence claims are an exception), a person found more than 50 percent at fault for their own injury cannot recover damages, and a lower share of fault reduces the recovery (Fla. Stat. 768.81(6)).
HB 837 also changed how medical bills are proven. Evidence of medical bills that have already been paid is now limited to the amount actually paid; evidence of unpaid bills generally includes what the injured person's health coverage would pay (or, for people without private coverage, an amount tied to Medicare or Medicaid rates); and treatment under a letter of protection must be disclosed (Fla. Stat. 768.0427). That makes careful documentation of current and future care more important than ever.
How Gross Law Group Handles a Motorcycle Case
- We work to preserve the motorcycle, the helmet and riding gear, and any video before they are lost.
- We obtain the crash report and witness information and work with accident reconstruction professionals when needed.
- We work with your doctors to document current and future medical needs and lost earning capacity.
- We work to identify every policy that may apply, including uninsured motorist and commercial coverage.
- We handle communications with insurers so you can focus on recovery.
For life-changing injuries, see how we approach catastrophic injury cases.
Offices Serving the Florida Panhandle and the Space Coast
Gross Law Group handles motorcycle accident cases from our offices in Pensacola, Panama City Beach, and Melbourne. If you contact us and can't travel, we can arrange to meet by video or at a location convenient to you.
Gross Law Group, P.A. – Pensacola Office
21 East Garden Street, Suite 208
Pensacola, FL 32502
Phone: (888) 858-1505
Gross Law Group, P.A. – Panama City Beach Office
4408 Delwood Ln, Suite 14
Panama City Beach, FL 32408
Phone: (888) 858-1505
Gross Law Group, P.A. – Melbourne Office
2084 Meadowlane Ave
Melbourne, FL 32904
Phone: (321) 321-1441
Talk With a Motorcycle Accident Lawyer
If you were hurt, or lost a family member, in a motorcycle crash, call Gross Law Group at (888) 858-1505 or send us a message. We handle injury cases on a contingency fee: No Recovery, No Fee, but the client is responsible for costs such as filing fees, medical records, and expert fees. The first consultation is free.
Motorcycle Accident FAQs
Can I bring a claim if I was not wearing a helmet?
Not wearing a helmet does not by itself bar a claim. Florida allows riders over 21 to ride without a helmet if they are covered by an insurance policy providing at least $10,000 in medical benefits for motorcycle crash injuries (Fla. Stat. 316.211). Insurers may argue that helmet use affected the injuries, and any share of fault assigned to the rider reduces the recovery.
Does PIP pay for motorcycle crash injuries?
Generally no. Florida's no-fault law defines a motor vehicle as a vehicle with four or more wheels, so PIP generally does not cover a rider's injuries in a motorcycle crash. Medical payments coverage, health insurance, uninsured motorist coverage, and the at-fault driver's liability coverage may apply instead.
What if the driver who hit me has no bodily injury coverage?
Many Florida drivers are not required to carry bodily injury liability coverage. Uninsured or underinsured motorist coverage, if you have it, may apply, and we look at whether an employer, vehicle owner, or other party may also be responsible.
How long do I have to file?
For most negligence claims arising after March 24, 2023, Florida law allows two years to file a lawsuit. Claims against government entities have separate notice requirements, so please call promptly so evidence can be preserved.
How does Gross Law Group charge for motorcycle accident cases?
We handle motorcycle accident cases on a contingency fee: No Recovery, No Fee, but the client is responsible for costs such as filing fees, medical records, and expert fees. The first consultation is free.