Florida Motorcycle Accident FAQ
Answers from our Fort Myers Motorcycle Accident Lawyers
At Viles & Beckman, LLC, we’ve been helping motorcycle accident victims and their families move on from terrible experiences since 1995. With more than 40 years of cumulative experience, we’re able to answer your questions and stand up for your rights. Maximizing your compensation is our goal.
Please review the following answers to some of our most frequently asked questions and then contact our office to learn more. We offer free consultations with no cost or obligation. You can reach us at (239) 334-3933 or feel free to contact us online to speak with our knowledgeable attorneys in Fort Myers.
- Do I have to wear a motorcycle helmet in Florida?
- Do I have to wear motorcycle eye protection in Florida?
- Do I have the right amount of motorcycle insurance?
- My accident was caused by bad weather or poor road conditions. Who do I sue?
- I was injured as a motorcycle passenger. Can I sue the bike driver?
- Who’s usually at fault in motorcycle crashes?
- Do I need a lawyer after a Florida motorcycle collision?
- What are some common injuries from a motorcycle crash?
- What if I can’t afford a lawyer?
- How do I get started?
Do I Have to Wear a Motorcycle Helmet in Florida?
Florida’s motorcycle helmet law is complicated. Florida repealed its universal helmet law in 2000 for riders over the age of 21 meaning those who are 22 or older do not have to legally wear a helmet.
An exception is made, however, for the following drivers:
- Anyone older than 21 who carries a motorcycle insurance policy with at least $10,000 in medical coverage. Note that the policy must cover injuries incurred while driving or riding a motorcycle. Most standard PIP auto insurance policies are insufficient.
- Anyone at least 16 years of age who is driving a moped-style vehicle as opposed to a conventional motorcycle. (For this exception to apply, the vehicle in question must be powered by a motor with a displacement of 50 cubic centimeters or less, have no more than 2 brake horsepower, and reach a maximum speed of 30 mph on level ground.)
For everyone else, the answer is yes. You do have to wear a motorcycle helmet in Florida.
Obviously, though, a great many drivers fall within these exceptions so it isn’t uncommon to see bikers without helmets in Florida. Of course, this increases the likelihood of catastrophic injury or death in an accident but the motorcycle occupants do not lose out on their rights simply because they went without a helmet in compliance with the law.
The Fort Myers motorcycle accident lawyers in our office can help you understand how Florida’s motorcycle helmet law applies in your case.
Do I Have to Wear Motorcycle Eye Protection in Florida?
Yes. Anyone who drives a motorcycle in Florida, regardless of his or her age, is required to wear protective eye gear, such as goggles or sunglasses that approved by the Florida Department of Transportation (DOT). The only exception is for passengers riding in an enclosed sidecar.
My Accident Was Caused by Bad Weather or Poor Road Conditions. Who Do I Sue?
Inclement weather and poor road conditions are common causes of Florida motorcycle crashes. Victims may be able to recover compensation from the local governments, which have a responsibility to make sure the roads are safe for motorcycles (even in bad weather). Additionally, you can still recover from anyone whose negligence contributed to your damages.
I Was Injured as a Motorcycle Passenger. Can I Sue the Bike Driver?
Yes. Like every other driver, motorcycle drivers have a legal duty of care toward everyone else on the road. That includes other drivers, pedestrians, bicyclists, and even their own passengers.
If you were injured as a motorcycle passenger in Florida, you can bring a lawsuit against everyone who contributed to your damages, including the biker and all of the other motorists involved.
Who’s Usually at Fault in a Motorcycle Crashes?
Contrary to popular belief, most Florida motorcycle crashes are caused by car drivers, not by the bikers themselves. For more on how motorcycle accidents happen, visit our Fort Myers motorcycle accident lawyers practice area page.
Do I Need a Lawyer After a Florida Motorcycle Collision?
Studies show that accident victims recover substantially larger dollar amounts when they hire an experienced attorney. These cases usually involve insurance companies, which employ whole teams of people dedicated to reducing your payout. An aggressive attorney can fight back and insist that they pay you everything you’re owed — it’s often the only way to compel at-fault parties to play by the rules.
Your lawyer can also help to:
- Ease your burden
- Handle many of your personal injury claim-related tasks for you
- Explain your rights
- Deal with the insurance company’s letters and phone calls
- Deal with doctors, hospitals, and other parties that might violate your rights as you focus on getting better
- Seek compensation for your various recovery-related costs
You’ll have someone representing you and protecting your rights at every turn.
While we can never guarantee any outcome, you can count on our Fort Myers motorcycle accident lawyers to fight hard for you and your family. Maximizing your compensation is our goal.
What are Some Common Injuries from a Motorcycle Crash?
When a motorcycle collides with a car or truck, the unprotected motorcyclist will almost always sustain injuries, oftentimes very serious injuries. Some common injuries from a motorcycle crash include:
- road rash
- facial fractures
- broken bones
- loss of limb
- spinal cord injuries
- traumatic brain injury (TBI).
Injuries can range from minor to disabling, but they will all cause medical bills and lost time from work that will be financially stressful. This is where an experienced attorney can really help you out.
What if I Can’t Afford a Lawyer?
This is never a problem at Viles & Beckman, LLC. We accept every Florida motorcycle crash case on a contingency basis, which means there are no upfront or out-of-pocket costs for our clients.
You only pay us if we successfully settle or win your case. Even then, our fee is simply a portion of your total award. You have nothing to lose!
We will explain all of our billing procedures in greater detail during your free consultation before you sign anything or decide to hire us.
How Do I Get Started?
To take your next steps, please call (239) 334-3933 or contact us online. You can schedule a free case review with our Fort Myers motorcycle accident lawyers today.