How Motorcycle Accident Cases Differ from Car Accidents in Florida
Let’s be honest: if you’re in a motorcycle crash in Florida, the road to justice isn’t always a smooth ride.
While car accidents and motorcycle accidents might seem like siblings in the world of personal injury law, they’re more like distant cousins with very different stories. From courtroom perceptions to insurance complications, motorcycle accidents come with their own set of twists, and we’re breaking it down here.
The Bias Is Real: “Reckless Biker” Stereotype
Ever heard someone say, “Well, they were on a motorcycle, what did they expect?” That’s exactly the kind of bias riders face.
Jurors, insurance adjusters, and even responding officers may subconsciously (or blatantly) assume the motorcyclist was speeding, lane-splitting, or just being reckless. Florida law doesn’t automatically assign fault based on vehicle type, but perception can heavily influence outcomes, especially in cases that go to trial.
👉 Legal Tip: Florida follows the pure comparative fault rule (F.S. § 768.81). Even if you’re found partially at fault, you can still recover damages, just reduced by your percentage of fault. That’s why challenging bias with solid evidence is key.
Visibility and Right-of-Way: A Constant Battle
One of the top defenses we hear in motorcycle cases?
“I didn’t see them.”
And unfortunately, it’s often true. Motorcycles are smaller, faster, and more agile, meaning they can be easily missed in a blind spot or misjudged at intersections. But lack of visibility doesn’t equal lack of responsibility.
In fact, under Florida Statute § 316.209, motorcyclists have the same rights and responsibilities as other drivers. If a car driver failed to yield or turned left into your lane, that’s a violation of right-of-way, and it’s on them.
🚨 Proving fault in motorcycle crashes often requires crash reconstruction, expert testimony, and in some cases, dashcam or helmet cam footage.
Motorcycle Injuries Are Usually Worse—Here’s Why
There’s no protective shell, no airbag, no crumple zone—just you, your gear, and the open road. When a motorcycle collides with a 4,000-pound car or truck, the consequences are severe.
We’re talking:
- Road rash and disfigurement
- Traumatic brain injuries (even with a helmet)
- Spinal cord damage
- Internal bleeding
- Long-term disability
According to the NHTSA, motorcyclists are 28 times more likely to die in a crash than occupants of passenger vehicles. That stat alone is enough to underscore why these cases demand careful handling and aggressive representation.
Insurance Plays Hardball
Most car drivers carry PIP (Personal Injury Protection) under Florida’s no-fault law. But here’s the kicker: motorcyclists are not covered under PIP.
That means:
- No automatic medical coverage.
- You must prove fault to recover damages.
- Insurance companies often lowball or delay your claim.
Without PIP, injured motorcyclists must rely on the at-fault driver’s liability coverage—or their own uninsured motorist (UM) policy—if they were smart enough to purchase one.
📣 Pro Tip: Always carry UM coverage if you ride. It could be the difference between getting help or getting stuck.
Why You Need a Motorcycle-Savvy Attorney
This isn’t just another car crash. Motorcycle accident cases require:
- Knowledge of motorcycle laws
- Familiarity with rider safety dynamics
- A firm ready to challenge anti-rider bias in court
At the DeWitt Law Firm, we don’t just ride for justice—we go full throttle. We’ve handled complex motorcycle injury cases across Florida and know how to fight the stereotypes, prove liability, and maximize compensation for injuries that deserve more than just a quick settlement.
In a Motorcycle Wreck? Don’t Settle for Less. Call us Today!
If you’ve been hit while riding in Florida, don’t let bias, bad insurance, or bruises keep you from getting what you’re owed. We’re here to help you gear up for the legal ride ahead—with experience, empathy, and no speed bumps.
Call today for your free consultation. 🏍️