Tampa Motorcycle Accident Attorney
Combatting motorcycle bias and fighting to get riders the compensation they deserve after a motorcycle crash in Tampa
With picturesque coastal roads like Gulf Boulevard in Tampa and miles of winding rural routes to explore, it’s no wonder that Florida is a popular state for motorcycle riders. Unfortunately, with so many motorcyclists sharing the roadways with other drivers, Florida is also the deadliest state in the U.S. for motorcycle accidents.
Motorcycle riders have the same rights and responsibilities as other drivers, yet other motorists often treat them differently, and this leads to a higher frequency of accidents for motorcyclists. If a motorcycle rider survives an accident, they’re often left with severe or catastrophic injuries due to the minimal protection a motorcycle provides in a crash.
The reality is that pursuing a motorcycle accident claim is challenging. You need a lawyer who understands the nuances of these types of claims and knows all the applicable laws in the state.
Insurance companies know that most motorcycle accident victims don’t have legal expertise or experience with negotiating injury claims. They often try to use this inexperience to their advantage by either placing the blame on the motorcyclist or offering a settlement amount that is far less than the claim is worth.
If you find yourself in this situation in Tampa, don’t allow yourself to get taken advantage of by an insurance company—you need an attorney who has the skills and experience to protect your rights.
Find out how we can help maximize your compensation by scheduling a free consultation today.
At Palmer Lopez, we have more than 35 years of combined experience handling Florida motorcycle accident claims. We will be here for you every step of the way to fight for the justice and compensation you deserve.
How safe is it to ride a motorcycle in Florida?
Florida’s great all-year weather makes it one of the best states for motorcycle commuting and joy riding. There are approximately 645,012 registered motorcycles in Florida as of 2021, the second highest in the country, according to the Insurance Institute for Highway Safety.
Despite so many motorcyclists, Florida drivers are still rarely on the lookout for them and often fall back on excuses like “I didn’t see them,” or “They came out of nowhere,” when they hit a motorcyclist.
As a result, Florida experiences more motorcycle deaths than any other state, making it the most dangerous state in which to ride a motorcycle, according to the National Highway Traffic Safety Administration (NHTSA).
In 2023 alone, the Florida Department of Highway Safety and Motor Vehicles reports that there were 9,521 motorcycle crashes that led to 8,188 nonfatal injuries and 604 deaths. In Hillsborough County specifically, there were 585 motorcycle crashes that same year that led to 484 nonfatal injuries and 39 deaths.
Also notable is that in about 50% of motorcycle accidents in Florida that involved fatalities, the riders were not wearing helmets.
A guide to wrongful death lawsuits in Tampa
Pursuing maximum compensation and holding negligent parties financially accountable for your loss.
Motorcycle crash victims face an uphill battle because of unfair bias
Motorcyclists are often painted as reckless, dangerous to themselves and others, and overall unruly.
Despite this characterization being far from the truth for most motorcyclists in the state, drivers, law enforcement, judges, the general public, and insurance companies are all quick to place blame on the motorcyclist, which is why you need an attorney who will stand up for your rights and challenge the misconceptions surrounding motorcycle accidents so you can get the compensation you’re owed.
What is the major cause of motorcycle accidents?
Those driving cars or motorcycles are most likely to cause accidents that result in serious injuries or fatalities to motorcyclists when they engage in one of the following behaviors, all of which are far too common these days:
- Distracted driving. When car or motorcycle drivers divert their attention from the road, whether it’s due to texting, adjusting the radio, or other distractions, they significantly increase the risk of causing accidents that can lead to severe injuries or even fatalities for motorcyclists. This lack of focus is particularly hazardous given a motorcyclist’s vulnerability compared to enclosed vehicles.
- Aggressive driving. Aggressive maneuvers like tailgating, weaving through traffic, or failing to yield can be deadly, especially for motorcyclists. These actions can lead to critical situations where bikers have less time and space to react, heightening the chances of severe accidents.
- Speeding. Speeding is a leading cause of motorcycle accidents, with 33% of all motorcycle riders involved in fatal crashes in 2021 found to be speeding. High speeds in cars or motorcycles reduce reaction time and increase stopping distances, making high-speed collisions particularly dangerous for motorcyclists.
- Impatient driving. Drivers who exhibit impatience on the road, such as rushing through intersections, making sudden lane changes, or ignoring traffic signals, pose significant threats to motorcyclists, who are more exposed and can suffer dire consequences in a crash.
- Drunk driving. Operating any vehicle under the influence of alcohol is incredibly dangerous, and in 2021, 29% of motorcyclists killed were alcohol-impaired. Drunk driving reduces a motorist’s ability to make sound judgments and react promptly, dramatically increasing the risk of catastrophic accidents involving motorcyclists.
- Drowsy driving or falling asleep at the wheel. Fatigue can impair a driver’s alertness and reaction time, akin to the effects of alcohol or drugs. Drowsy driving, or worse, falling asleep while operating a car or motorcycle, can lead to tragic accidents, particularly harming motorcyclists who lack the protective barriers of a car.
What happens to your body in a motorcycle crash?
During a collision with a truck or car, a motorcycle rider can be thrown from their bike, land under their motorcycle, slide across the pavement, or even get run over. Obviously, the resulting injuries can be wide-ranging, depending on the circumstances.
Some of the more common injuries we see in motorcycle collisions include:
- Severe road rash
- Bone fractures
- Traumatic brain injury (TBI)
- Strains, sprains, or contusions
- Lacerations
- Spinal cord damage
- Third-degree burns
- Crush injuries
- Scars and disfigurement
- Amputations
- Whiplash
These injuries can require medical care that costs thousands upon thousands of dollars for treatment, and many people are unable to work during their recovery. This is one reason why it’s crucial to have a skilled attorney on your side to ensure that all of your expenses are considered in your settlement, including past and future medical treatment and lost wages.
Receiving fair compensation in a Tampa motorcycle accident
Depending on the circumstances of your accident, you could be entitled to receive compensation for your past medical bills, future medical expenses, loss of earnings, and more.
Our attorneys help our clients collect the following forms of damages from the negligent party that caused the collision:
- Medical bills (past and future)
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Property damage
- Lost wages and earning capacity
- Ongoing care
- Damages for limitations on household or child-raising tasks
Is Florida a no-fault accident state for motorcycles?
No. Let’s break it down for you.
While most states handle motorcycle and car accidents the same, Florida law has significant differences you need to be aware of.
Unlike automobile drivers, motorcyclists in Florida are not required by law to carry personal injury protection (PIP) insurance. PIP insurance typically covers medical expenses and lost wages for the policyholder, regardless of who is at fault in an accident.
Without mandatory PIP, motorcyclists without adequate health insurance or separate motorcycle medical payments coverage may face substantial out-of-pocket costs for medical treatment following an accident.
Despite Florida being a no-fault state for car insurance, the typical protections and limitations of no-fault laws don’t apply to motorcyclists. This means if a motorcyclist is involved in an accident with a vehicle, the motorcyclist can pursue a claim directly against the driver’s insurance without being restricted by the no-fault threshold that applies to car accident victims.
However, this also means that motorcyclists need to establish the other party’s fault to recover damages.
What if a motorcyclist is partially at fault for the accident?
If a motorcyclist is partially at fault for an accident in Florida, the state’s comparative negligence law applies. This means that the compensation the motorcyclist can receive for damages will be reduced by the percentage of fault attributed to them.
For example, if the motorcyclist is found to be 20% at fault for the accident and their total damages amount to $100,000, they would be entitled to recover $80,000 ($100,000 minus 20%).
This system allows motorcyclists to still obtain compensation even if they share some responsibility for the accident, but it also underscores the importance of having an attorney to help gather and present evidence to minimize your liability after an accident.
Get help from an experienced Tampa motorcycle accident attorney
The injuries faced by motorcyclists are often gruesome, life-threatening, and life-changing. These injuries may not only impact your ability to earn a living in the future but may also impact your ability to ride and do the things in life that you love.
Our dedicated team at Palmer Lopez understands the unique challenges and complexities associated with motorcycle accidents. That’s why we’re committed to providing compassionate representation while fighting aggressively for the full compensation you deserve.
By choosing us, you’re not just getting legal assistance; you’re gaining partners who stand by your side, advocating for your rights and your future.
Contact our knowledgeable Tampa personal injury attorneys today to schedule your free consultation, and take the first step toward restoring your life and securing the economic justice you deserve.
References
Crash Dashboard. (n.d.). Florida Department of Highway Safety and Motor Vehicles. https://www.flhsmv.gov/traffic-crash-reports/crash-dashboard/
Motorcycles: 2021 Data 1. (2023). https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813466.pdf
Teoh, E. (2021). Motorcycles registered in the United States, 2002–2021. https://www.iihs.org/api/datastoredocument/bibliography/2225