How Can a Motorcycle Crash Attorney Protect Your Rights After an Accident?

November 25, 2025

Dennis Hernandez

There’s nothing quite like the thrill of riding a motorcycle: the wind, the scenery, the feeling of absolute freedom. But that same openness leaves riders more exposed than passengers in a car. If a serious accident happens, it can change your life in an instant. Knowing how to pursue a motorcycle accident compensation claim ensures you can access the compensation necessary to cover medical expenses, lost income, and other damages

When a crash occurs due to another driver’s negligence, unsafe roadways, or defective motorcycle components, filing a motorcycle accident compensation claim is your first step toward recovery. Healing both your body and finances can be challenging without expert guidance. At Dennis Hernandez Injury Attorneys, we have recovered hundreds of millions of dollars for clients and fight relentlessly to protect motorcyclists’ rights. We fight to get you paid!

Why Are Motorcycle Accidents So Dangerous?

People who ride motorcycles are far more exposed than those in cars. In fact, motorcycle riders are 28 times more likely to die in a crash than car occupants for every mile traveled. Even when fatalities don’t occur, injuries can be catastrophic, making it crucial for victims to understand their rights and pursue a motorcycle accident compensation claim to cover medical bills, lost income, and other damages.

Most common causes of are:

Driver inattention: not looking for motorcycles, miscalculating a motorcycle’s speed or not following right-of-way laws.
Road hazards: potholes, bumpy roads, loose gravel, and debris affect motorcycles more than a car.
Equipment failure: malfunctioning brakes, blown tires or other equipment problems can cause a rider to lose control.

Knowing your level of risk will make it easier to understand why motorcycle accident claims regularly call for larger damages and careful legal navigation.

What Types Of Injuries Are Common In Motorcycle Accidents?

Lack of a protective vehicle frame exposes riders to impact from vehicles, the road, and other objects. Common injuries include:

Traumatic brain injuries (TBI): even wearing a helmet riders, can sustain life-changing brain damage.
Injuries to the spinal cord: Paralyzed or mobility impaired for life.
Broken bones and orthopedic injuries: from legs and arms to collarbones and ribs.
Road rash: nasty skin abrasions from sliding on pavement.
Internal damage: internal bleeding, organ damage from the impact.

The serious nature of these injuries result in substantial medical bills, long rehabilitation periods and loss of future income, all issues your motorcycle crash attorney Tampa will address in the lawsuit for compensation.

How Does Florida Law Affect Motorcycle Accident Claims?

Florida’s motorcycle laws and personal injury statutes mean there are special considerations for accident cases. For example:

Helmet Laws: In Florida (Florida Statute 316.211), riders over the age of 21 are allowed to ride without a helmet if they have at least $10,000 in medical insurance coverage. While helmet choice does not directly affect liability, not wearing one can influence how damages are calculated. If you are involved in a crash, these factors may be considered when pursuing a motorcycle accident compensation claim to ensure you receive the full compensation you are entitled to.
Comparative Fault: Florida is a pure comparative fault state (Fla. Stat. § 768.81). If you are only half to blame, you’ll get half as much money.
Time Limit to File a Lawsuit: In Florida, you typically have up to two years from the date of your car accident to bring an injury claim under FL Stat.

An attorney that is knowledgeable about these laws will be able to lay the groundwork for a better case by ensuring your rights are defended from the very beginning.

Why Is Hiring A Personal Injury Lawyer So Important?

Insurance adjusters do not pay fair settlements out to themselves. They might insist that you took on the risks by choosing to ride, or play down the severity of your injuries. What an experienced personal injury attorney can do:

Look into the wreck and collect strong evidence.
Retain accident reconstruction experts.
Name all possible at fault parties, such as reckless drivers, equipment manufacturers or governmental bodies in charge of road upkeep.
On here, haggle with insurance companies for a settlement that represents the full value of your claim.
Take your case to trial if a favorable settlement can’t be reached.

When your health, your job and even your future are in question, professional advocacy is imperative.

What Evidence Should You Collect After A Motorcycle Accident?

Even if your injuries appear minor at first, some symptoms can take hours or days to develop. You should:

Seek medical attention immediately: both for your health and to create medical records.
Take pictures of the scene: your motorcycle, other vehicle, any injuries you have, skid marks and how the road looks.
Gather witnesses: independent witnesses can support your version of events.
Get the police report: it serves as an official record and preliminary determination of fault.

This will be the evidence your lawyer needs to build a strong case for motorcycle accident compensation.

How Do Courts Determine Fault In Motorcycle Accidents?

In Florida, fault is determined through evidence and the law. Courts may consider:

Eyewitness testimony.
Video or dashcam footage.
Expert reconstruction reports.
Violations of traffic laws.
Negligence per se, a concept that could be applicable if the other driver broke a statute meant to protect those on the road.

In Clampitt v. D.J. Spencer Sales, 786 So. 2d 570 (Fla. 2001), the Florida Supreme Court held that drivers in Florida have a duty to follow other vehicles at a safe distance and control their speed to avoid collisions with the vehicle ahead, even when they are technically within a one-hundred-foot safety zone. Understanding this duty is essential for motorcyclists seeking a motorcycle accident compensation claim, as proving another driver’s failure to maintain safe distance can be critical in establishing liability.

What Damages Can You Recover In A Motorcycle Accident Case?

The claim may include damages for a motorcycle accident compensation may include:

Medical bills: All past treatment and future care, surgery bills, medicines and therapies.

Lost income: and the impact on future earnings.
Pain (both physical pain and emotional hurt): a feeling of discomfort which is very difficult to endure.
Loss of property: restoration or replacement of your bike and equipment.
Loss of quality of life: effects on hobbies, travel, or day to day living.

Where there is behavior that is reckless or egregious, punitive damages are recoverable under Fla. Stat. § 768.72.

How Can A Motorcycle Crash Attorney Tampa Maximize Your Claim?

In addition, an experienced motorcycle accident attorney understands how to assign a monetary value to more subjective harm. They:

Document all costs thoroughly.
Support prospective losses using expert testimony.
Emphasize the special hazards faced by motorcyclists to bolster payout.

They are skilled at anticipating the strategies used by defense and thwarting the tactics employed by insurers, who will often pay out countless times more in settlements than injured riders could obtain for themselves.

What If The Other Driver Was Uninsured Or Underinsured?

Uninsured or underinsured motorist cases and motorcycle wrecks can be complex for claims. And if you have UM/UIM coverage, that can also help bridge the gap. Your personal injury lawyer can:

File the UM/UIM claim correctly.
Don’t let your own insurance company lowball your damages.
Consider other forms of recovery, such as product liability or roadway defect claims.

When Should You Contact A Lawyer?

The earlier you contact and bring a lawyer on board the better your odds of success. Early legal action allows:

Preservation of physical evidence.
Interview potential witnesses while their memories are fresh.
Insurance carriers will be immediately contacted to protect your statement and rights.

The risk of waiting too long is that evidence will be lost and deadlines missed, jeopardizing your case.

How Can You Protect Yourself As A Rider?

While nothing can eliminate all risk, you can minimize your chances of a fatal accident by doing the following:

Wearing a DOT-approved helmet.
Using high-visibility gear.
Keeping your motorcycle in cherry condition.
Staying alert and avoiding distractions.

If you get involved in an accident even then, the awareness of your rights and opportunities is the best protection.

At Dennis Hernandez Injury Attorneys, we understand the unique challenges riders face. We have been fighting for injured bikers all over the state of Florida and recovering millions upon millions in compensation. We fight to get you paid!