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Motorcycle Accident Representation

Miami Motorcycle Accident Attorney

Severe trauma cases involving disputed fault, visibility defenses, and complex damages across Miami-Dade and South Florida. Plaintiff and defense representation across South Florida.

Florida PIP does not cover motorcycle riders. Under Fla. Stat. § 627.736, no-fault PIP applies exclusively to motor vehicles with four or more wheels. Riders rely on third-party liability, UM/UIM, and health insurance for medical recovery.

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Years of Practice

Florida Bar member since 1989

1989

Florida Bar Licensed

University of Miami School of Law

State & Federal

Court Admission

SDFL (1991), MDFL (2001)

Boutique

Practice Model

Direct attorney involvement

Common Questions

Frequently Asked Questions

Does Florida PIP cover motorcycle riders?+

No. Florida PIP under Fla. Stat. § 627.736 applies exclusively to motor vehicles with four or more wheels. Motorcycles are statutorily excluded. Riders rely on third-party liability, uninsured and underinsured motorist coverage, optional med-pay coverage, and their own health insurance for medical recovery. The absence of PIP changes the case strategy from the start.

Does the no-fault threshold apply to motorcycle accidents?+

No. The Florida no-fault threshold under Fla. Stat. § 627.737 is part of the no-fault PIP framework that excludes motorcycles. Riders do not need to cross the threshold to pursue pain and suffering or other non-economic damages. Non-economic damages are recoverable from the first dollar of injury. See our full Legal Terms Glossary for more Florida-particular definitions.

What does Florida's helmet law require?+

Under Fla. Stat. § 316.211, riders 21 and older may ride without a helmet if they carry at least $10,000 in medical insurance to cover injuries from a motorcycle crash. Riders under 21 are required to wear a helmet. Failure to wear a helmet does not by itself bar recovery, but in head-injury cases it can affect comparative fault for the head-injury component of damages.

What happens if the at-fault driver claims they didn't see me?+

"I didn't see the motorcycle" is the most common defense in Florida motorcycle cases. Defending against this narrative requires scene investigation, sight-line analysis, traffic and signal patterns, vehicle damage analysis, witness statements, and helmet-cam or dashcam footage where available. The visibility defense fails when the evidence shows the at-fault driver had a clear and adequate opportunity to see the motorcycle. Early scene investigation is critical to defeating the defense.

How long do I have to file a motorcycle accident claim in Florida?+

For accidents occurring on or after March 24, 2023, the statute of limitations is 2 years under Fla. Stat. § 95.11(4)(a). HB 837 cut this from the prior 4-year period. The deadline is strict. Missing the statute of limitations permanently bars the claim. Earlier accidents (before March 24, 2023) may still have the 4-year deadline. See our full Florida Statute of Limitations reference guide for the complete breakdown by case type.

Is lane splitting legal in Florida?+

No. Florida prohibits lane splitting and lane filtering. Riders found to have been lane splitting at the time of an accident face a comparative fault argument that can substantially reduce or bar recovery depending on the percentage attributed. The defense will pursue this issue in any case where the facts support it.

What if the at-fault driver has no insurance?+

Florida does not require bodily injury liability insurance, so uninsured drivers are common. The rider's own uninsured motorist (UM) coverage generally becomes the primary recovery vehicle. Underinsured motorist (UIM) coverage applies when the at-fault driver has some coverage but not enough. Reviewing all available first-party coverages early in the case is critical, particularly for motorcycle riders who do not have PIP as a backup.

What does it cost to hire a motorcycle accident attorney?+

Motorcycle accident cases are commonly handled on contingency for plaintiff representation: the attorney is paid a percentage of the recovery, and nothing is owed without one. There is no upfront fee. Costs (filing fees, consultant fees, deposition costs, accident reconstruction) are generally advanced by the firm and reimbursed at resolution. Defense representation is structured differently, in most cases on hourly or flat-fee arrangements. See our full Contingency Fee Guide for the exact percentages Florida law allows.

How long does a motorcycle accident case take?+

It varies. Cases that resolve through pre-suit demand and negotiation generally take 9 to 18 months given the catastrophic damages typical in these matters. Cases that proceed to litigation commonly run 18 to 30 months. Full medical treatment and stabilization is generally the gating factor; case value cannot be evaluated accurately until treatment is complete or stable.

Does the firm represent both plaintiffs and defendants?+

Yes. The firm represents both injured riders pursuing claims and drivers, businesses, or insureds facing claims. Each side requires different strategy, but the underlying preparation, document review, and disciplined approach to the case is the same. Conflicts are screened at intake on every matter.

Layers of Motorcycle Cases

Why Motorcycle Cases Are Different from Car Cases

Florida motorcycle accidents operate under a different statutory framework than passenger vehicle cases. Florida PIP does not apply, the no-fault threshold is not a barrier to non-economic damages, and the helmet law creates comparative negligence exposure. The strategy starts from a different starting point.

Liability & Visibility Defense

"I didn't see the motorcycle" is the most common defense. Scene reconstruction, sight-line analysis, traffic patterns, and helmet-cam or dashcam footage become decisive. Florida is a modified comparative negligence state under HB 837.

Insurance Without PIP

PIP under Fla. Stat. § 627.736 does not cover motorcycle riders. Recovery comes from third-party liability, UM/UIM coverage, the rider's health insurance, and any med-pay coverage available.

Catastrophic Injury Damages

Severe orthopedic injuries, traumatic brain injuries, and permanent impairment are the rule, not the exception. Future medical care, lost earning capacity, and life-care planning generally drive damages.

Three Florida Frameworks

The Statutes That Define These Cases

Motorcycle accident cases turn on several Florida statutory frameworks that operate together. Each affects strategy and recovery in a different way. Understanding how they interact at the outset shapes the case.

Years / Statute of Limitations

Negligence SOL

For accidents on or after March 24, 2023, the statute of limitations is 2 years under Fla. Stat. § 95.11(4)(a). HB 837 cut this from the prior 4-year period.

Florida Helmet Law

Helmet Statute

Florida riders 21 and older with at least $10,000 in medical insurance may ride without a helmet under Fla. Stat. § 316.211. Helmet absence affects head-injury comparative fault.

% / Comparative Bar

HB 837 Modified Comparative

Florida is a modified comparative negligence state. A finding of more than 50% rider fault bars recovery entirely. Fault below 50% reduces the recovery proportionally.

Plaintiff & Defense Representation

Both Sides of Motorcycle Litigation

The firm represents both injured riders pursuing claims and drivers, businesses, or insureds defending claims. The strategy is different on each side, but the underlying preparation and discipline is the same.

Pursuing a Claim

Plaintiff Representation

Liability development and visibility-defense rebuttal
Scene reconstruction and sight-line analysis
UM/UIM coverage analysis given Florida's high uninsured rate
Health insurance, med-pay, and third-party coordination
Catastrophic damages with life-care planning where indicated
Comparative negligence analysis including helmet-law issues

Defending a Claim

Defense Representation

Liability defense including comparative fault under HB 837 50% bar
Helmet-law analysis where applicable to head-injury damages
Damages challenges and pre-existing condition analysis
Discovery, IME coordination, and defense preparation work
Settlement evaluation and offer of judgment strategy
Trial defense and post-judgment positioning

Florida Coverage and Recovery

Available Coverage Tracks

Motorcycle riders in Florida operate without PIP. Identifying every available recovery source at the start of the case is essential.

Coverage / Recovery

Source

What It Covers

PIPNot Available

N/A

Florida PIP under Fla. Stat. § 627.736 applies exclusively to motor vehicles with four or more wheels. Motorcycle riders are statutorily excluded from no-fault coverage.

Bodily Injury LiabilityThird-party

At-fault driver's policy

The at-fault driver's coverage for the rider's damages. Available without crossing a no-fault threshold since motorcycles are exempt. Florida does not require this coverage.

Uninsured Motorist (UM)First-party

Rider's policy

Pays when the at-fault driver has no liability coverage. This is commonly the primary recovery in Florida given the high rate of uninsured drivers. Critical to confirm at the start of every case.

Underinsured Motorist (UIM)First-party

Rider's policy

Pays when the at-fault driver's coverage is not enough to cover the rider's damages. Stacks above the at-fault driver's payment. It is commonly essential in catastrophic cases.

Med-Pay (Medical Payments)First-party

Rider's policy

Optional motorcycle policy coverage that pays medical bills regardless of fault. Important given the absence of PIP. Many riders are not aware they have or could add this coverage.

Health InsurancePrimary

Rider's health plan

in most cases the primary medical coverage in motorcycle cases given the absence of PIP. Subject to subrogation and lien recovery from the third-party settlement.

Pain & Suffering DamagesNo threshold barrier

Third-party

Available without crossing the no-fault threshold. Motorcycles are exempt from Fla. Stat. § 627.737. Non-economic damages are recoverable from the first dollar.

Comparative Negligence ReductionHB 837

Trial / Settlement

Florida is a modified comparative negligence state. Recovery is reduced by the rider's percentage of fault. A finding of more than 50% fault bars recovery entirely.

Summary of Florida motorcycle accident coverage and recovery framework. Availability, policy limits, and recovery amounts depend on the policies involved, the facts of the accident, the comparative negligence findings, helmet law application to head-injury damages, and other factors.

Case Approach

How a Motorcycle Case Gets Built

Motorcycle accident cases require a different starting framework than passenger vehicle cases. The absence of PIP, the visibility-defense problem, and the catastrophic injury patterns typical in these matters all change the case-development arc from day one.

Liability and the Visibility Defense

Defendants in motorcycle cases routinely claim they did not see the rider. The defense rests on Florida's modified comparative negligence framework: if rider fault can be pushed above 50%, recovery is barred. Scene photographs, sight-line analysis, traffic patterns, vehicle damage, and helmet-cam or dashcam footage all become evidence in the visibility-defense rebuttal. Cases where the defense narrative was challenged early settle differently than cases where it was allowed to harden.

In a motorcycle case, the defendant's first sentence to the officer at the scene in most cases becomes the defense theory at trial.

Coverage Analysis Without PIP

Florida motorcycle riders operate without PIP coverage. The recovery sources are different from car cases: the rider's UM and UIM coverage, the at-fault driver's bodily injury liability, any med-pay coverage on the motorcycle policy, the rider's health insurance, and any other applicable coverages. Identifying and securing every available source on day one is essential, particularly given the high uninsured rate among Florida drivers.

Medical Treatment and Damages

Motorcycle injuries tend toward the catastrophic end of the spectrum: orthopedic trauma, traumatic brain injury, road rash, and permanent impairment. The medical record drives the third-party damages claim. Continuous treatment with the appropriate treating physicians, neuropsychological testing where TBI is suspected, and life-care planning for cases involving permanent impairment all build the damages claim.

Helmet Law and Comparative Fault

Florida riders 21 and older with at least $10,000 in medical insurance may ride without a helmet. The presence or absence of a helmet does not by itself bar recovery, but in head-injury cases it can affect comparative fault for the head-injury component of damages. Cases involving head injury and no helmet require careful damages segregation and qualified medical support.

Litigation Readiness

Insurance carriers contest motorcycle cases hard, in many cases relying on jurors' general bias against motorcyclists. The cases that resolve on favorable terms are the ones where the carrier knows the case will be tried. Filing suit, completing discovery, taking the at-fault driver's deposition, and pushing toward trial generally produces the resolution. The settlement that compensates the injured rider generally comes when the carrier sees the case is being prepared seriously.

Related Practice Areas

Related Personal Injury Matters

Motorcycle accident cases commonly overlap with other personal injury areas. Related practices follow different frameworks.

Car Accidents

Passenger vehicle collisions involving Florida no-fault PIP, third-party liability, UM/UIM, and the no-fault threshold for non-economic damages.

Learn More →

Truck Accidents

Commercial vehicle collisions involving federal motor carrier regulations, layered insurance, and corporate defendants.

Learn More →

Serious Injury Cases

Catastrophic injuries with permanent impairment, future medical care, and life-care planning. Commonly overlaps with motorcycle matters.

Learn More →

Personal Injury

For accident cases that span multiple categories or where the case posture requires broader personal injury strategy.

Learn More →

Speak With Andre

Direct attorney access at (305) 774-7000

Motorcycle cases turn on early evidence and quick coverage analysis. Cases that resolve well are the ones where counsel was engaged early, the visibility defense was challenged, and the available coverage tracks were identified from day one. Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter generally creates more options than calling late.

Call (305) 774-7000 Request Confidential Consultation

Client Reviews

What Our Clients Say

Verified Google reviews from clients represented by the firm across Miami-Dade and South Florida. See our full client testimonials page for more.

    
 
 
       Posted on Google  
   
   Eddy's Dogs aka Eddy's K9 Rescue 
 
 
 
 Trustindex verifies that the original source of the review is Google. Absolutely recommend this law firm. They handled my case and I was amazed at the attention and information I got. I highly recommend them and will be using their services again.
  
 
      Posted on Google  
   
   Carlos Zaldivar 
 
 
 
 Trustindex verifies that the original source of the review is Google. Andre is an exceptional lawyer.  Andre represented me in a civil case and did an exceptional job when I was told not to bother with a suit.  Andre succeeded, and I got my money back.  I send all my friends to Andre
  
 
      Posted on Google  
   
   Bob R 
 
 
 
 Trustindex verifies that the original source of the review is Google. Andre has represented me, my family and friends on several legal matters. He is always available to provide sound, practical advice and more than willing and able to fight for you when necessary. It’s reassuring to have a qualified, experienced lawyer in my corner to protect me and my interests when I need it.

Owner's reply
Bob, thank you. Clients who return and who send their family and friends give me the highest compliment. I’m grateful for your confidence and I’m always here if you need me.
  
 
      Posted on Google  
   
   Phil Glatzer 
 
 
 
 Trustindex verifies that the original source of the review is Google. As an attorney, I have often referred my clients to André for legal work that I myself cannot handle and everyone has always been very satisfied with his representation. I highly recommend him.

Owner's reply
Thanks Phil. A referral from a colleague who knows the work means a great deal to me. I take every case you send my way seriously, and I’m glad the clients were well served.
  
 
      Posted on Google  
   
   Pedro Carrera 
 
 
 
 Trustindex verifies that the original source of the review is Google. I can always count on him. An honest lawyer.

Owner's reply
Thanks Pedro.
  
 
      Posted on Google  
   
   Gabriel Hernandez 
 
 
 
 Trustindex verifies that the original source of the review is Google. Extremely quick and efficient . My ticket was handed and I didn’t have to worry about it once. His staff is also super helpful giving multiple updates on the status

Owner's reply
It's great to hear you were pleased. We are happy we were able to take the burden off your shoulders and resolve your issue for you.
  
 
      Posted on Google  
   
   Andrew Varela 
 
 
 
 Trustindex verifies that the original source of the review is Google. An amazing attorney who gives every case the care and attention it deserves. His attention to detail is exceptional, and it’s clear that he takes pride in his work and truly cares about his clients. I highly recommend him to anyone looking for a dedicated, thorough, and attentive attorney!

Owner's reply
I really appreciate that Andrew. Thank you.
  
 
      Posted on Google  
   
   Daniel Hernandez 
 
 
 
 Trustindex verifies that the original source of the review is Google. I highly recommend this law firm! I had a ticket, and they kept me updated and got it dismissed. Kaylee was my go-to for communication, and Andre is excellent at what he does.

Owner's reply
Thanks Daniel. I am glad we were able to resolve your issue.