The sheer volume of motorcycles in the Sunshine State is part of why the Florida motorcycle accident rate is so high. It consistently ranks at the top of the charts for motorcycle crashes, serious injuries, and deaths. According to the National Highway Traffic Safety Administration, Florida outranks every other state – even California, which has nearly double the population – for the highest number of motorcycle fatalities. There were 600 motorcycle accident deaths reported in Florida just in 2020 alone. California ranked No. 2 with 539. The lack of motorcycle awareness by other motorists as well as Florida’s high speed limits don’t help matters.

But there are several ways in which suing after a Florida motorcycle accident is different compared to other types of crash cases.

Here, our Broward motorcycle injury lawyers explain.

What Sets Motorcycle Accidents Apart From Other Crashes?

There are several unique factors with motorcycle accidents that alter the way personal injury lawyers and wrongful death attorneys approach these cases. A few of those include:more

• Greater injury severity. Right off the bat, motorcycle accidents are inherently more serious. NHTSA reports motorcyclists are 26 times more likely to die and 5 times more likely to be seriously injured in a traffic crash compared to occupants of passenger vehicles. The reason is pretty simple: People on motorcycles lack the physical protective barrier of an enclosed vehicle. What might be a fender bender between two cars becomes a direct hit to someone’s body when one is on a motorcycle. Motorcycle operators and their passengers are more likely by far to suffer catastrophic brain injuries and spinal cord injuries. The severity of the case in turn means the stakes in litigation are much higher. That may incline insurance companies to invest more time and resources into resisting a full and fair payout. Such cases usually require a fair amount of investigation (to learn the full extent of the impact/loss) and lengthy – sometimes tense – negotiations with insurers. When insurers take a hard line, it also means the case is more likely to go to trial. (The majority are ultimately settled before trial, but ideally a fair settlement can be reached before you ever get to the stage of needing to file a lawsuit.)
• Florida motorcyclists do not have personal injury protection (PIP) coverage. F.S. 627.736 requires motorists to carry no-fault PIP coverage, which provides up to $10,000 to the insured after a crash – regardless of who was at-fault. Crash victims are required to tap into this resource first. It’s only if/when they suffer from severe injuries, as defined in F.S. 627.737, that they can step outside that no-fault system and pursue damages against the at-fault driver. Motorcyclists, however, are excluded from PIP coverage requirements. Instead, they are required by F.S. 324.021 to carry insurance or proof of financial responsibility in minimum amounts of $10,000 for property damages, $10,000 for bodily injury/death of one person, and $20,000 for multiple people. If the claim is filed by a motorcycle passenger as a result of the operator’s negligence, this is likely the coverage they’d be making a claim on (as well as their own uninsured motorist/underinsured motorist coverage, if they have any). But if the Florida motorcycle accident injuries were the result of another driver’s negligence, the motorcyclist and/or passenger could directly pursue a claim against that other driver without having to first claim coverage through PIP. If the at-fault driver is uninsured or lacks enough coverage to sufficiently compensate the motorcyclist or passenger for their losses, they may file a claim with their own UM/UIM insurance carrier.
• Road conditions and vehicle maintenance. Poor road conditions like fog/brushfire smoke, heavy rain, fierce winds, debris, dust, etc. often play a role in Florida car accidents. However, motorcyclists are particularly vulnerable because of their smaller size and direct exposure to the environment. Of course, no one controls the weather, but if there is evidence the motorcycle was not properly maintained or equipped, there may be a finding of comparative fault. As stated in F.S. 768.81, one can be held partially responsible for their own personal injuries if they shared part of the blame for what happened. If the motorcycle was not in excellent working order and that played a role in causing the crash or exacerbating the plaintiff’s injuries, the plaintiff could be found comparatively at-fault. Fortunately in Florida, this doesn’t mean you’ve lost your case. It does, however, mean that your damage award will be proportionately reduced. (So if the person injured was 20% responsible, their monetary compensation will be reduced by 20%.) Keeping records to show you’ve made reasonable efforts to maintain your motorcycle may be important in this context.
• Failure to wear protective gear may be factored. Another potential issue with respect to comparative fault is failure to wear protective gear, such as helmets and protective eyewear. Helmets aren’t required for Florida motorcyclists over the age of 21 who carry at least $10,000 in medical benefits. But failure to do so could be used as a basis for a finding of comparative fault if one’s injuries were exacerbated by the decision not to wear one. (Similar outcomes are possible for people in cars who don’t wear seatbelts, which are required for all motor vehicle occupants.) That could mean a substantial reduction in the final damage award.
• Anti-biker bias. This is a subtle issue and not always a significant one, but certainly something we’ve had to contend with on occasion. Negative cultural stereotypes of motorcyclists as reckless and hot-tempered may influence witness statements to police. And while it’s rare for a case to go to trial, if it does, that same bias can be present among jurors. It’s important to have an advocate on your side who will fight to ensure you receive the compensation you rightly deserve.

If you are injured in a Broward motorcycle accident, our dedicated team of motorcycle accident lawyers can help you examine the value and viability of your case to seek financial compensation for the resulting losses.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

F.S. 316.211, Equipment for motorcycle and moped riders

In a single recent year, more than 5,000 motorcyclists lost their lives while riding. The National Highway Traffic Safety Administration (NHTSA) reports Florida has more motorcycle fatalities than any other state – with 591 reported in a single recent year. That’s more than either California or Texas – both of which have substantially higher populations.

For survivors of motorcycle accidents and their loved ones, knowing the basic steps of a claims process following a serious crash can help ease some of the mental load that can feel insurmountable those first few days. As longtime Fort Lauderdale motorcycle accident attorneys, we can explain that these aren’t handled like your typical Florida car crash claim. There are unique considerations, and it’s worth taking a few moments to better understand them before beginning the process.

What Makes Florida Motorcycle Crashes Different From Others?

The reality is any car accident has the potential to turn your whole world on its axis. With motorcycle crashes, though, there are a few differences. Those include:

• Severity of injuries. Motorcycle operators and passengers lack the same level of protection as other motorists. Helmets aren’t required for adult motorcyclists in Florida, but even with them, riders don’t have the benefit of steel cage protective layer between them and the pavement. The severity of injuries in these cases means they tend to be inherently higher stakes.
• Motorcyclists cannot purchase personal injury protection (PIP) coverage. PIP coverage is required under Florida’s no-fault auto insurance law, extending up to $10,000 in compensation for medical expenses and lost wages, regardless of who was to blame. Without this, many motorcyclists tend to rely heavily on their own health insurance plans. But that won’t cover things like lost wages and other damages. This makes it all the more imperative to closely examine fault of all involved parties – and hold other drivers accountable. Claimants can step outside the no-fault system when they’ve meet the serious injury threshold, as spelled out in F.S. 627.737.

I’ve Been in a Motorcycle Accident – Now What?

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The aftermath of a crash is often stressful and chaotic. But the claims process will begin at the accident scene. The first priority, though, is securing prompt medical care for any who have been seriously hurt/are in immediate danger. (Examination by a doctor is a smart idea even if you have no obvious injuries. They may crop up later, and it will be tougher to prove a causal link if you don’t seek immediate medical attention.) If the police have not been contacted, that’s the next step. Remain on the scene – even if the other driver has fled. Document as much as possible – take photos, get the names/contact information of any witnesses, write down your own recollection.

Also, it is never too early to contact an injury lawyer. If you’re a spouse or parent, you may take this initiative on behalf of someone who is incapacitated as a result of the crash. This will help ensure you’re doing everything by the book, preserving the best possible chance at full and fair compensation.

The next step is to file the insurance claim. But while Florida no-fault crash claims can often be fairly easily resolved by filing a claim with one’s own insurer, motorcycle accident claims are likely to be a bit trickier. That’s because you’ve got to establish fault in order to collect from the other driver’s insurer. Insurance companies are not often quick to concede this point, if they can avoid it. Working with an injury attorney helps ensure you’re following all the proper steps and that you have the necessary evidence to (hopefully) avoid a drawn-out process that could entail litigation. If/when you do talk to the insurer, do not try to explain the accident, assign blame, admit any guilt/wrong=doing or discuss the details of your injuries. Some information will need to be provided to the insurer, but it’s best to strictly stick to the facts. Let your attorney do this, if you can help it.

Next, the insurance company may offer you a settlement – part for property damage and part for bodily injury. If the injuries sustained were serious, it’s wise to have an attorney look over the terms before signing anything. Once you sign this document, you may be forfeiting your right to pursue any further claims. You won’t be allowed to go back and try to negotiate for a higher settlement. That’s why this part is important.

If the insurer doesn’t agree to pay/or you decline the offer as unreasonable, the case may proceed to litigation (a lawsuit). This decision should only be made after careful review of the facts by your attorney. From there, settlement negotiations may continue all the way up until just before a verdict.

You generally have four years from the date of a crash to pursue a personal injury claim and two years in which to pursue a claim for wrongful death. Other factors could impact that timeline, so it’s best to talk to an injury lawyer if you have any questions.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Motorcycles, Traffic Safety Facts, September 2021, NHTSA

More Blog Entries:

Why Are There So Many Bicycle Accidents in South Florida? Feb. 15, 2022, Fort Lauderdale Motorcycle Accident Lawyer Blog

These cases are not unheard of, and in fact, are quite common. (If you think about it, as a passenger, with whom are you most likely to be riding? Not a stranger, but probably someone who is or once was close to you.) In a recent motorcycle accident case in New Jersey, the ex-girlfriend of a state assemblyman filed a lawsuit against him, alleging his negligence in exceeding the speed limit resulted in his losing control of the motorcycle when the pair approached stopped traffic ahead. Defendant told the local Daily Journal newspaper that allegation was untrue because there had been no citation issued. (This is not exactly true, however, because an investigating officer’s decision to cite or not for a traffic violation is not the final word on whether someone was negligent in a personal injury lawsuit; that call is made by the court.) Cases involving exes may be a bit more adversarial than others, but nonetheless generally do not involve plaintiff seeking direct compensation from defendant.

The reason defendants are named is because plaintiffs can’t directly sue insurers. They must file a claim for damages against the person who is actually negligent, and then obtain compensation from the entity required to indemnify/ cover those losses on behalf of the defendant.

Florida motorcycle crash cases are a bit unique for the fact that unlike operators of passenger cars, motorcyclists are not required under Florida’s no-fault auto insurance law to purchase personal injury protection (PIP) benefits (though it is strongly recommended). This would typically provide up to $10,000 in coverage for medical bills and wage loss, after which one who meets the serious injury threshold required to step outside the no-fault system could then seek bodily injury liability coverage from defendant’s insurer. PIP usually extends not just to the insured, but any resident relatives (related by blood or marriage), passengers at the time of the crash and non-occupants, such as bicyclists and pedestrians. However, motorcycle operators, even those who have PIP benefits on another owned vehicle, are specifically excluded from PIP coverage bylaw.

Passengers though may have still several options for obtaining compensation for serious injuries. Fort Lauderdale motorcycle accident lawyers know each case will be different, but in general, such compensation may include:

Your own health insurance. This should cover reasonable, necessary medical expenses you incur as a result of the crash.

• Passenger’s own PIP coverage or MedPay. If you personally have a PIP policy or MedPay coverage or are covered by one under your resident relative’s policy, you may still be able to attain PIP that way. You wouldn’t need to prove any motorist was negligent.
• Motorcyclist’s bodily injury liability / guest passenger liability coverage. This can be obtained if you can prove the motorcyclist was at-fault. Minimum rates are $20,000 per individual and up to $40,000 per crash (though one can and really should purchase higher limits).
• Other driver’s bodily injury liability coverage, if the other driver was at-fault. (You can also pursue claims against both the motorcyclist and the other driver, if there is evidence more than one is to blame).
• Either driver’s umbrella insurance coverage, if available.
• Claims against the manufacturer/ distributor or repair shop of motorcycle, if evidence the motorcycle was defective or flawed repair that contributed to the crash.
• Your own uninsured/ underinsured (UM/UIM) coverage, which extends coverage in the event you are injured as a result of negligence by a driver/ motorcyclist who fled the scene (hit-and-run), was not insured or lacked adequate insurance to cover your injuries.

Finally, you shouldn’t worry too much either about whether a successful claim of negligence will increase the rider’s insurance premium. Keep in mind though, if the person operating a motorcycle was partly or wholly responsible for the crash, his or her insurance rates are going to spike whether you pursue a claim or not.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Florida Motorcycle Handbook, 2013, HSMV

More Blog Entries:

$19M Award For Railroad Car Accident Death Affirmed, June 29, 2018, Broward Motorcycle Accident Attorney Blog

Now, a new analysis from the federal agency examines the estimated cost of lives saved prevented when motorcycle riders don helmets.

Researchers say at least 1,772 lives have been saved by motorcycle helmet usage in 2015. In terms of economic costs, that was $3 billion in direct loses and $19 billion in comprehensive costs that were saved. However, another 740 people who died might have lived had they been wearing protective head gear. That amounts to $1.4 billion in economic costs and $8.3 billion in comprehensive costs.more

Economic costs can include:

• Lost productivity;
• Insurance administration costs;
• Congestion costs;
• Property damage;
• Workplace losses;
• Medical costs;
• Legal and court costs.

Meanwhile, comprehensive costs are those that include economic costs, plus the valuation for the lost quality of life.

When broken down at the state level, about half of Florida’s deadly motorcycle accidents involved a rider who was not wearing a helmet, and half who were. It’s estimated that 193 lives were saved in the state by the use of motorcycle helmets, but 109 more deaths could have been prevented had they been used more often.

Our Fort Lauderdale motorcycle accident attorneys recognize that helmet use is a touchy subject among riders. Since 2000, Florida has not required motorcycle riders under the age of 21 to wear a helmet, so long as the rider obtains at least $10,000 in medical insurance coverage. While some crashes may be unsurvivable no matter what type of gear you have on, but helmets are designed to absorb the impact and lesser injuries.

Those who ride without a helmet say they enjoy – and have a right to – a feeling of freedom and being unencumbered. But there is no question helmets do prevent injuries, or lessen the impact of others.

One such study, published in the American Journal of Public Health in 2004, found that motorcycle occupant deaths spiked nearly 50 percent just in the single year after the law changed (statute previously required a helmet of all motorcycle riders and operators). Florida isn’t the only state to move toward the helmet-less trend, though. Texas, Louisiana, Kentucky and Arkansas have also weakened their motorcycle helmet laws.

This trend in Florida is of particular interest because we account for an outsized number of motorcycle deaths, relative to our driving population.

Other researchers have uncovered an uptick in the number of traumatic brain injuries in states where helmet laws have been taken off the books.

From an injury law standpoint, it should firstly be noted that motorcycle helmets don’t – and couldn’t – prevent all injuries. While they could reduce certain injuries, that’s not necessarily a point that can be raised by the defense, given that adults choosing not to wear a helmet aren’t breaking any state laws in that regard. That creates a clear difference from the so-called “seat belt defense,” wherein defendants will assert plaintiff’s or decedent’s injuries are worsened by the fact that they violated the law by not wearing a seat belt.

If you are injured in a Fort Lauderdale motorcycle accident, we can help.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Lives and Cost Saved by Motorcycle Helmets, 2015, June 2017, NHTSA

More Blog Entries:

Fatal Car Crashes in Fort Lauderdale, July 4, 2017, Fort Lauderdale Motorcycle Accident Lawyer Blog

However, when there is no direct contact, proving causation can be difficult. This is especially true when a certain amount of time has elapsed between one collision and another, as a recent case before the South Dakota Supreme Court showed.

According to court records, a motorcyclist attending a weekend motorcycle rally was traveling on eastbound on his bike along a curved highway. At around 3 p.m. this motorcyclist, who it was later determined was impaired, turned one of those curves at a high rate of speed and drove into a ditch. The impact of that collision killed him.more

Neither his motorcycle nor any of the related debris was obstructing the highway. State highway patrol troopers got there about eight minutes later to investigate the accident. One of the troopers was stationed on a curve near the crash site to alert motorists coming in the other direction. However, there was no trooper stationed on the other side of the highway.

At 4:39 p.m., about one hour and 40 minutes after the fatal motorcycle accident, another motorcyclist was approaching that same curve – the one with no trooper ahead to warn of the crash. As he rounded that same curve, described by the biker as a “blind corner,” he encountered a motor home that was stopped directly in his lane of travel. There was a vehicle approaching in the other direction, so the biker couldn’t veer into the other lane. His only choice was to slam on his own brakes to avoid crashing into the motor home. He lost control of his motorcycle, crashed and was seriously injured.

The second motorcyclist sued the estate of the decedent motorcyclist for personal injury. He alleged the first motorcyclist was negligent by driving drunk and speeding and that his actions, resulting in a crash, created a dangerous condition that proximately caused plaintiff’s injuries.

Defendant estate moved for summary judgment, conceding that while decedent was negligent in causing his own accident, he was not the proximate cause of plaintiff’s injuries. Specifically, defendant argued the estate was relieved of liability because the state troopers failed to warn westbound traffic of the crash, which defense argued was the superseding cause of the crash.

Circuit court denied estate’s motion for summary judgment, finding there were genuine issues of material fact in dispute as to whether defendant’s negligence proximately caused plaintiff’s crash. State petitioned for a discretionary appeal, which was granted by the state supreme court.

State supreme court justices reversed. The court ruled that where a substantial amount of time had elapsed, the initial crash didn’t obstruct the road and the later crash was caused by distraction/ law enforcement having taken control of the scene/ other circumstances, an initial negligent defendant won’t be liable for injuries suffered in a subsequent crash as a matter of law.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Howard v. Bennett, April 19, 2017, South Dakota Supreme Court

More Blog Entries:

Manufacturers Recall Defective Bikes for Safety Hazards, March 29, 2017, Motorcycle Accident Lawyer Blog

The Times Free Press reports that the fatal accident, which happened in Tennessee in May, occurred when a 33-year-old reportedly left a local nightclub behind the wheel of a friend’s BMW. He reportedly had just been in an argument with his girlfriend when he pulled out into traffic from the parking lot and immediately struck an Ironhorse motorcycle driven by decedent. The 60-year-old rider, who hours earlier had attended his daughter’s high school graduation, was pronounced dead at the scene by first responders. Henry Cofrancesco, the driver of that car. refused to undergo field sobriety tests at the scene, but police obtained a warrant to conduct a non-consensual blood draw. He was arrested four months later on charges of vehicular homicide, DUI, cocaine possession and leaving the scene of an accident/ failure to render aid.

Now, decedent’s widow and child are seeking damages for wrongful death and loss of consortium. The lawsuit alleges staffers at the nightclub knew or should have known how drunk Cofrancesco was and failed to stop serving him and/ or stop him from driving. The owner of the vehicle is accused of negligent entrustment for allowing Cofrancesco to drive the vehicle, despite his state of impairment.

Vehicular homicide is a serious charge no matter in which state you live, and defendant driver is facing a maximum 30 years in prison. Still, that will not help decedent’s family for the great emotional and financial losses they have endured as a result of his wrongful death.

Motorcycle accidents claim 4,600 lives every year, according to the National Highway Traffic Safety Administration (NHTSA). Another 90,000 are injured. They account for 14 percent of all motorists killed on our nation’s roadways and 4 percent of those injured – which is hugely disproportionate to their presence on the road. In Florida, there were 456 motorcyclists killed in 2014, which is second in the nation only to California, which has double our population and a total of 501 motorcyclist deaths. Texas ranked third with 421 motorcycle fatalities.

Motorcyclists are among the most vulnerable road users and drivers of cars, trucks, vans and other vehicles simply fail to watch out for them.

Legal options following a Florida motorcycle accident will depend on the circumstances of each individual situation, but some that may be worth considering:

• Claims against the other driver. This is typically the first order of business because while other motorists may be protected by the state’s no-fault personal injury protection (PIP) coverage, PIP won’t cover those involved in a motorcycle crash unless they have purchased special motorcycle PIP coverage. However, this isn’t required by law, so a lot of riders don’t have it. Claims against the other driver are usually the first step.
• Uninsured/ Underinsured Motorist (UM/UIM) Coverage. This type of coverage will extend protection in the event the other driver doesn’t have insurance or doesn’t have enough insurance to cover the totality of your losses, which is often the case in motorcycle accidents.
• Dram Shop Law. Dram shop litigation allows injured third parties to pursue compensation from the bars or restaurants that negligently served alcohol to a patron who in turn caused a drunk driving accident. However, these laws vary greatly from state-to-state, and the dram shop law in Tennessee is more generous than the one in Florida. F.S. 768.125 says those who sell alcohol to persons of lawful drinking age can’t be liable for injury or damages resulting from that intoxication. The only times a bar or restaurant can be liable is if alcohol is willingly and unlawfully sold to someone who is under 21 or someone who is known to be habitually addicted to alcohol.

If you have been injured or a loved one killed in a motorcycle accident, our dedicated team of injury lawyers can help you determine the best course of legal action.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Man charged with vehicular homicide now faces $7 million civil lawsuit from victim’s widow, Sept. 23, 2016, By Zack Peterson, Times Free Press

More Blog Entries: Vasquez v. American Cas. Co. – Workers’ Compensation and UIM Benefits, Oct. 16, 2016, Fort Lauderdale Motorcycle Accident Lawyer Blog