Choosing a lawyer after a motorcycle crash is different from choosing one after an ordinary car accident. Florida law treats motorcyclists differently in ways that directly affect your claim, and the insurance dynamics are not the same. This guide covers what to know before you decide.
Why are motorcycle claims handled differently in Florida?
The biggest difference is insurance. Florida does not require motorcyclists to carry Personal Injury Protection coverage. In a car crash, PIP covers your initial medical bills regardless of fault. On a motorcycle, that layer often is not there — which means medical bills may go unpaid while liability is still being determined.
Motorcycle injuries also tend to be more severe, since there is no vehicle structure between the rider and the road. Claims more often involve fractures, road rash requiring skin grafts, and traumatic brain injuries.
There is also a bias problem. Insurers and juries sometimes assume a motorcyclist was speeding or riding recklessly without evidence. An Orlando motorcycle accident attorney should be prepared to address that directly with scene evidence and reconstruction rather than letting the assumption stand.
Does not wearing a helmet affect my claim?
Florida Statute § 316.211 allows riders 21 and older to ride without a helmet if they carry at least $10,000 in medical benefits coverage. Riding legally without a helmet does not bar a claim, but insurers frequently raise it to argue comparative fault under Section 768.81, particularly for head injuries. It is a factor, not a disqualifier.
What deadlines apply?
For negligence claims arising on or after March 24, 2023, Florida’s statute of limitations is two years. Claims arising before that date are generally governed by the prior four-year period. This changed under House Bill 837, so older guidance online may be out of date.
Separately, evidence degrades quickly. Skid marks fade, vehicles get repaired or scrapped, and witness memory fades. Preserving the scene record early often matters more in motorcycle cases than in ordinary collisions.
What should I ask before hiring an attorney?
- How often does the firm handle motorcycle cases specifically, as opposed to car accidents generally?
- How will my medical bills be handled if I do not have PIP coverage?
- What is the fee, and am I responsible for case costs if there is no recovery?
- Who will handle my file day to day, and how often will I hear from you?
- What do you need from me right now to preserve evidence?
Be cautious of anyone who predicts a specific outcome or dollar figure at a first meeting. No one can know that before the facts and medical treatment are developed.
Talk with our team
Founding attorney Gregory C. Maaswinkel has represented injured Floridians since 1997, beginning his career at the Florida Department of Insurance before moving into insurance defense work. Maaswinkel Law handles motorcycle, car, and truck accident claims across Orange, Seminole, and Osceola counties, and our team assists clients in English, Español, and Tiếng Việt.
We work on a contingency fee basis; fees and costs are explained in writing before you hire us. You can reach us through our contact page or at (407) 999-0045.
Related guides
- Orlando Car Accident Lawyer
- How to Choose an Attorney After a Car, Truck, or Motorcycle Accident
- How to Get Your Orlando Crash Report
This page is general information about Florida law and is not legal advice. Every case depends on its own facts. Past results are not a guarantee of future outcomes, and prospective clients may not obtain the same or similar results. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
