JACKSONVILLE Motorcycle Accident FAQ

Motorcycle Accident FAQ

Motorcycle Accident FAQ: Get answers on legal deadlines, insurance rules, and your rights in Florida. Free consultation!

1. What should I do after a motorcycle accident in Florida?

• Call 911 and report the accident. (Florida Statutes § 316.062)

• Seek medical attention, even if you feel fine.

• Take photos of the accident scene, vehicle damage, and injuries.

• Exchange information with other drivers and witnesses.

• Avoid discussing fault at the scene.

• Contact a motorcycle accident attorney to protect your rights.

Source: Florida Highway Safety and Motor Vehicles (FLHSMV)

2. Do Florida motorcyclists have to carry insurance?

• Florida does not require riders to carry motorcycle insurance unless they have a history of traffic violations or want to ride without a helmet.

• However, if you’re at fault in an accident and don’t have insurance, you may be financially responsible for damages.

Source: Florida Office of Insurance Regulation

3. Is Florida a no-fault state for motorcycle accidents?

No, Florida’s Personal Injury Protection (PIP) insurance does not cover motorcyclists. Injured riders must file a claim against the at-fault driver or use their own health insurance or medical payment coverage.

Source: Florida Statutes § 627.736 – PIP Coverage

4. What are Florida’s helmet laws for motorcyclists?

• Riders over 21 can ride without a helmet if they have at least $10,000 in medical insurance coverage.

• Under 21? A helmet is required. (Florida Statutes § 316.211)

Source: National Highway Traffic Safety Administration (NHTSA)

5. What damages can I recover in a motorcycle accident lawsuit?

• Medical expenses (current and future)

• Lost wages and reduced earning capacity

• Pain and suffering

• Property damage

• Wrongful death (for fatal motorcycle accidents)

Source: Centers for Disease Control and Prevention (CDC) – Motorcycle Safety

6. What if I wasn’t wearing a helmet during the accident?

You can still file a claim, but the insurance company may argue that your injuries were worsened by not wearing a helmet, reducing your compensation.

Source: https://www.iihs.org/

7. How long do I have to file a motorcycle accident claim in Florida?

You generally have two years from the accident date to file a personal injury lawsuit. (Florida Statutes § 95.11)

Source: Florida Legislature – Statute of Limitations

8. Can I still recover damages if I was partially at fault?

Yes. Florida follows a modified comparative negligence rule, meaning you can recover damages if you’re less than 50% at fault, but your compensation will be reduced based on your percentage of fault.

Source: Florida Legislature – Comparative Fault

9. How much does it cost to hire a motorcycle accident lawyer?

Most personal injury lawyers work on a contingency fee basis, meaning you don’t pay unless you win. (Florida Bar Rule 4-1.5)

Source: The Florida Bar – Attorney Fees

10. What should I do if the insurance company offers me a quick settlement?

Insurance companies often offer low settlements to minimize payouts. Consult a lawyer before accepting any offer.

Source: Federal Trade Commission (FTC) – Dealing with Insurance Companies

Related: Jacksonville Motorcycle Accident Attorney