Florida is the most dangerous state in the nation for motorcyclists. The state recorded 668 rider deaths in 2023, the highest of any state and 11% of all U.S. motorcycle fatalities, according to the National Safety Council. Tampa and the surrounding Tampa Bay area see a disproportionate share of these crashes due to heavy traffic patterns, tourist congestion, and year-round riding conditions.
At Jack Bernstein, Injury Attorneys, our Tampa motorcycle accident attorneys have more than three decades of experience in personal injury law. We know the challenges that motorcycle accident victims face when claiming fair compensation for their injuries.
We are dedicated to protecting the rights of motorcyclists. You have the right to fair treatment in the legal system. With our experienced Tampa motorcycle accident attorneys fighting for you, you have experts on your side to build a strong legal strategy and get the maximum settlement for your claim.
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What Should You Do After a Motorcycle Crash?
If you’ve been hurt in a crash, our Tampa motorcycle accident lawyers are ready to help you claim financial compensation. You may be entitled to a range of damages, but you must take the right steps in a timely manner to protect your personal injury claim.
Steps to take at the accident scene
- If possible, move away from traffic and other vehicles.
- Call first responders and seek medical assistance if you are hurt.
- Contact the police and request an official accident report.
- Call your insurance company to report the incident.
Information to collect
- Get contact information from other drivers, including name, driver’s license number, and insurance details.
- Collect contact information from any witnesses of the accident.
- If you’re able, take pictures of injuries, damage, and the accident scene.
- Keep all medical records and documentation related to your treatment.
You should also keep calm and allow law enforcement to do their job. Avoid confrontation with other parties or saying something that could affect your claim for compensation. Do not admit fault or discuss details of the crash with the other driver’s insurance companies before speaking with a motorcycle accident attorney.
What Are Common Motorcycle Accident Injuries?
Motorcycle accident victims face disproportionate risks on the road. According to NHTSA’s 2023 Traffic Safety Facts, motorcyclists were killed at a rate nearly 28 times higher than passenger car occupants, and 6,335 riders died in traffic crashes that year, accounting for 15% of all U.S. traffic fatalities. An estimated 82,564 motorcyclists were injured.
Victims of motorcycle accidents often sustain serious injuries. They do not have the protection of a car’s safety features, and the vehicle that strikes them may be large. Common injuries include:
Motorcycle accident injury severity breakdown
|
Catastrophic injuries |
Severe injuries |
Other common injuries |
|---|---|---|
|
|
|
Traumatic brain injury is among the most serious consequences of motorcycle crashes. NHTSA data shows that helmets reduce motorcycle fatalities by 22%-42% and brain injuries by 41%-69%, yet in states without universal helmet laws like Florida, 51% of riders killed in 2023 were not wearing helmets.
Spinal cord injury and paralysis can result in permanent disability and lifelong medical costs. Road rash, while sometimes dismissed as minor, can cause deep tissue damage and permanent scarring that requires extensive treatment.
Motorcycle riders are protected under the law, and the victim may claim the full amount of damages. There is no exception in the law or reduction when the victim is a motorcyclist. Injured motorcyclists may claim full compensation for another party’s negligence, recklessness, or intentional actions. In the most tragic cases, family members may pursue a wrongful death claim on behalf of a rider killed by a negligent driver.
Does No-Fault Apply to Motorcyclists?
Motorcyclists in Florida are not required to have no-fault insurance. If they have personal injury protection for their passenger vehicle, it doesn’t apply when they’re riding their motorcycle. A rider must carry liability insurance minimums.
Because motorcyclists are not covered by the no-fault threshold of Fla. Stat. § 627.736 (2025), riders can claim pain and suffering along with all economic damages whenever another party is at fault for a motorcycle accident, without clearing any minimum injury threshold.
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What Compensation Can You Get in a Motorcycle Accident Claim?
Motorcycle accident compensation may include both economic and non-economic damages. The following table breaks down the categories of damages available to accident victims:
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Economic damages |
Non-economic damages |
|---|---|
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Our personal injury lawyers know how to value damages and make sure you are compensated for all your losses. We gather the evidence needed to prove each element of the claim, including the value of your losses and the compensation that you deserve.
What Are the Causes of Motorcycle Accidents?
Every motor vehicle accident is different and several factors could have led to the motorcycle crash. Driver error and negligence by other drivers remain the most common cause of motorcycle accidents. NHTSA data shows that 46% of fatal two-vehicle motorcycle crashes in 2023 involved another vehicle turning left in front of the rider, and speeding contributed to 36% of all fatal motorcycle crashes.
Common causes of Tampa motorcycle accidents
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Negligent driver behavior |
Environmental and road factors |
|---|---|
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Other drivers must look out for motorcyclists and have an obligation to obey the rules of the road. The at-fault driver may owe the victim for a range of damages, both economic and non-economic. Motorcyclists share the road with pedestrians and bicyclists, and all of these vulnerable road users are at heightened risk from negligent drivers.
RELATED: Florida Motorcycle Accident Statistics
How Do You Prove Your Right to Motorcycle Accident Compensation?
Motorcycle accident compensation is based on negligent behavior. A party who fails to exercise reasonable care and caution on the roads is responsible for negligence.
Elements of a motorcycle accident negligence claim
|
Element |
What you need to show |
|---|---|
|
Duty of care |
The other driver had a legal obligation to operate their vehicle safely and follow traffic laws. |
|
Breach of duty |
The driver failed to exercise reasonable care, for example by speeding, running a red light, or making an unsafe lane change. |
|
Causation |
The driver’s breach directly caused the motorcycle crash and your injuries. |
|
Damages |
You suffered actual losses, including medical expenses, lost wages, pain and suffering, and property damage. |
For example, if drivers are in a heavy traffic area, or if there are hazardous weather conditions, they should slow down. A driver should make sure that the path is clear before making a turn at an intersection. Violating a traffic law is most often an example of negligence. Our legal team will gather police reports, medical records, witness statements, and other evidence to build your motorcycle accident case.
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Is There Compensation for Shared Fault in a Motorcycle Crash?
Multiple parties may share fault for a motorcycle accident. Do not let that discourage you from talking to our Tampa, FL car accident lawyers about your claim.
Florida uses a modified comparative negligence system under Fla. Stat. § 768.81 (2025). You can still recover compensation if you were partly at fault in a motorcycle crash, but only if your share of fault was 50% or less. Your compensation is reduced by your percentage of fault.
How modified comparative fault works in Florida
|
Your share of fault |
Can you recover? |
Example |
|---|---|---|
|
0% |
Yes, full compensation |
$100,000 in damages = $100,000 recovery |
|
30% |
Yes, reduced by 30% |
$100,000 in damages = $70,000 recovery |
|
50% |
Yes, reduced by 50% |
$100,000 in damages = $50,000 recovery |
|
51% or more |
No, barred from recovery |
You cannot recover any damages under Florida law |
Injuries for motorcyclists are often severe, and catastrophic injuries can mean long-term medical bills and lost income. It can be worth it to bring a claim even if shared fault is a question. Our auto accident attorneys can help you understand how shared fault may impact your claim and compensation.
RELATED: Florida’s Motorcycle Helmet Law
Understanding motorcycle accident liability in Florida
Determining liability for motorcycle accidents in Florida requires a thorough investigation of the crash. Florida law holds negligent drivers responsible for the damages they cause. Insurance companies will often try to shift blame onto the motorcyclist or minimize the value of your claim.
Common tactics used by the other driver’s insurance company include arguing the motorcyclist was speeding, not wearing a helmet, or weaving between lanes. An experienced Tampa motorcycle accident lawyer will counter these arguments with evidence from the accident scene, witness testimony, and expert analysis.
Are There Tampa Motorcycle Accident Lawyers Near Me?
The Jack Bernstein, Injury Attorneys law firm is dedicated to helping motorcycle accident victims get the compensation that they need to rebuild their lives. Our legal team provides aggressive legal representation for injured motorcyclists across the Tampa Bay area.
Why choose our Tampa motorcycle accident attorneys
- Experience with the unique issues involved in motorcycle accident cases, including liability disputes and insurance company tactics.
- Thorough knowledge of civil procedure, Florida law, and the insurance policies that may be involved in a motorcycle accident claim.
- More than three decades of experience under the guidance of our founder, Jack Bernstein.
- A law firm dedicated to helping injury victims. That is all we do.
- A team of more than 40 members. We have the personnel, resources, and technology you need to get results.
- Success in both settlement negotiation and in achieving favorable trial verdicts for our clients.
- Tailoring our services to reach your personal goals, whether through settlement or trial.
- Attention to detail including procedural requirements to make your claim a success.
- Courtroom experience. We represent you in all court hearings.
Throughout the case, we explain the process and offer legal advice. You know exactly what happens next and how we are working on your behalf. Our team answers your questions as we work together to get you the compensation that you deserve.
Free Consultation – No Fees Unless You Win
The first step is talking to our lawyers about your case. We offer free consultations with our legal team to see what your motorcycle injury claim may be worth. We want to learn about your case, explain the law, and answer your questions, so you understand your options.
Call our Tampa motorcycle accident attorneys today to schedule your free case evaluation today.
About Jack G. Bernstein Esq.
Personal Injury Lawyer
For more than 40 years, personal injury lawyer Jack G. Bernstein has protected the rights of individuals who have been injured in a variety of circumstances. Throughout his career, Bernstein has been a strategist thoroughly dedicated to the idea of protecting the rights of his clients. Mr. Bernstein is a member of the Florida State Bar Association, the Hillsborough Bar Association and the Clearwater Bar Association.
Mr. Bernstein has the experience and expertise to handle a wide range of injury cases. Among the types of plaintiffs Mr. Bernstein represents are individuals involved in car accidents caused by drunk drivers or other exhibiting negligence, medical complications resulting from carelessness caused by a physician or a medical facility, including brain injury, bicycle, motorcycle, moped and truck accidents, admiralty law and cruise ship accidents, accidental drownings, all types of wrongful death lawsuits, along with most injury, catastrophic occurrences and legal malpractice issues.
Our firm handles every type of personal injury and accident case, using negotiation and litigation tactics effectively. We handle cases throughout Tampa, Sarasota, St. Petersburg, and Clearwater, FL. With a staff of approximately 40 people, including six lawyers and 34 support personnel, we have the legal resources to get the justice you deserve and the maximum recovery for your losses. Schedule your free consultation today; we are always here to help.
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