We Fight for Real Justice for Motorcycle Accident Victims in Fort Lauderdale, Broward County & Across South Florida
Our Fort Lauderdale motorcycle accident lawyers are passionate and steadfast Real Advocates for injured motorcyclists and their families. If a motorcycle crash has turned your life upside down, we’re here to help you seek the compensation and support you need to move forward.
At Bernheim Kelley Injury Lawyers, we have a reputation for Keeping It Real. That means we listen to your story, provide answers and guidance, and develop a legal strategy tailored to your needs and goals. We have a proven record of success in negotiations and in the courtroom, with more than $1 billion recovered. That’s Real Justice and Real Results for clients throughout Florida.
Were you or a loved one hurt in a motorcycle crash? Are you feeling overwhelmed, trying to heal while the bills pile up? You don’t have to handle all this alone.
Bernheim Kelley Injury Lawyers is here to protect your rights, your future, and your peace of mind. For a FREE case evaluation with a trusted Fort Lauderdale motorcycle accident attorney, call 954-866-1111 or fill out our online form today.
What To Do After a Motorcycle Crash in Fort Lauderdale
If you have been involved in a motorcycle accident in Fort Lauderdale, it’s normal to feel stressed out and confused, especially if you sustained a serious injury. However, what you do next can impact both your health and your financial stability.
After a motorcycle crash, follow these 10 steps to the best of your ability. Should your injuries make any of this too difficult, don’t worry. We’ll help.
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- Move to a safe place and call 911. Check yourself and others for injuries and request an ambulance if anyone is hurt.
- Get medical care right away. Your health is always the highest priority. Be upfront with your medical provider about every ache, pain, or symptom, and follow their advice. Keep all medical bills, visit summaries, and treatment plans.
- Call the police and take down the report number. We will request the full report later.
- Take photos and video of the scene, including the damage to the vehicles involved, positions on the road, skid marks, traffic signals, weather, road hazards, and your injuries.
- Gather driver and witness information, including names, phone numbers, emails, insurance details, license plate numbers, vehicle descriptions, and their accounts of what happened.
- Look for nearby cameras at homes, businesses, and intersections, and document the addresses so we can request that they save the footage for us.
- Do not admit fault or make any statements to insurance adjusters. Do not apologize in a way that sounds like fault, do not sign releases, and decline recorded statements until you talk to a motorcycle accident attorney.
- Preserve your gear and bike. Keep your helmet, clothing, and motorcycle as they are. Do not repair or dispose of anything until we document it.
- Notify your insurance company that a crash occurred, but keep it brief and decline a recorded statement until we are able to advise you.
- Contact the team at Bernheim Kelley Injury Lawyers. We will coordinate care, preserve evidence, handle insurance matters, and provide guidance, allowing you to focus on your recovery.
What sets our team apart?
- We provide the highest standard of personalized representation centered on your needs, goals, and best interests.
- There is no fee unless we win.
- We have decades of experience as unwavering Real Advocates for those in need.
- If you need assistance with medical appointments or transportation, we will arrange it for you.
- If getting to our office is too hard, we will come to you.
Real Results
- $2,500,000 recovery: A driver entered our client’s lane and stopped suddenly. Our client took evasive action, and their motorcycle flipped, causing them to be launched into the other vehicle. The insurance company made an initial offer that we felt was inadequate. After years of litigation, we successfully resolved the case for twice the insurance company’s initial offer.
Motorcycle Accident Statistics
How often do motorcycle crashes happen in Florida? The most comprehensive data comes from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). In 2023:
- Florida recorded 9,548 motorcycle crashes.
- Tragically, those crashes resulted in 621 motorcycle fatalities.
- The state reported 2,113 incapacitating injuries.
- There were 6,078 other motorcycle injuries statewide.
- In Broward County alone, there were 763 crashes, 623 injuries, and 44 motorcycle crash fatalities.
The National Safety Council (NSC) reported that more than 6,000 motorcyclists were killed nationwide in 2023.
These numbers are shocking, even more so when we think of the impact each of these accidents has had on a motorcyclist and their family. If you were seriously hurt in a collision, our Fort Lauderdale motorcycle accident attorneys can help ensure you are pursuing the compensation you’re entitled to under the law.
How Long After a Motorcycle Accident Can You File a Claim in Florida?
Motorcycle crash cases are governed by Florida law; as such, there is a deadline to file a claim. There used to be a 4-year statute of limitations for suing for personal injury in Florida, including claims related to motorcycle crashes. As of March 2023, the statute of limitations has changed to 2 years.
If you’re hurt in a motorcycle crash in Fort Lauderdale, you must bring your claim before the 2-year statute of limitations for personal injury lawsuits expires. Don’t wait to get started: Speak to a Fort Lauderdale personal injury lawyer right away after a crash to avoid missing the deadline for filing a motorcycle injury lawsuit.
No-Fault State Laws Related to Motorcycle Accidents
You may know that Florida is a no-fault state for motor vehicle collisions. While that is true, there are different rules and regulations in place for motorcycle crash claims.
In Florida, no-fault laws apply to car accidents. No-fault laws typically mean that each driver’s insurance company (PIP) pays for their own medical bills and lost wages regardless of who caused the accident. However, Florida’s no‑fault rules don’t cover motorcycles. That’s why riders often feel blindsided after a crash.
Here’s how medical bills are typically handled after a motorcycle crash:
- Your health insurance usually pays first, although copays and deductibles still apply.
- If you purchased MedPay on your motorcycle policy, it can help with out-of-pocket costs.
- The at-fault driver’s bodily injury (BI) coverage, when available, can address broader losses.
- Your uninsured/underinsured motorist (UM/UIM) coverage can close gaps, and it is often the most important protection a rider has.
Our team will investigate every available option for compensation in your case and protect you from insurer tactics that shift blame or push for quick, inadequate settlements.
How Does Comparative Negligence Work in Florida?
Florida now follows a modified comparative negligence rule for motor vehicle accidents, including those involving motorcycles. Comparative negligence is a legal concept used to determine fault and assign liability. The court determines the percentage of fault of each party involved in a motorcycle accident. If you’re found to be more than 50% at fault, you can’t recover damages. If you’re 50% or less, your compensation is reduced by your share of fault.
What that means for you:
- Your recovery may be limited by your percentage of fault in the accident.
- Every percent matters.
- Not wearing a helmet doesn’t automatically bar recovery, but it may affect your claim, depending on your injuries.
- Early investigation helps us understand your share of liability.
- Insurance adjusters may attempt to unfairly shift liability onto you, but we can counter that with the facts.
– you are in good hands!
Motorcycle Helmet Laws in Florida Law & What They Mean for You
Helmet laws vary state-by-state. In Florida, motorcycle riders who are over 21 years old and carry at least $10,000 in medical insurance coverage are not required to wear helmets while operating a motorcycle. However, riders under 21 years old must wear a helmet at all times while on a motorcycle. Eye protection is required for all riders when operating a motorcycle on public roads.
Although it is not required by law, wearing a helmet can provide crucial protection in the event of an accident, reducing the risk of serious head, facial, and brain injury and lowering medical expenses. Many riders choose to wear helmets regardless of the law for their own safety.
The data are clear: motorcycle helmets prevent brain injuries, and they can save lives. Riders who wear a motorcycle helmet are about 37% less likely to lose their lives and 67% less likely to sustain a traumatic brain injury in a crash.
Common Causes of Motorcycle Accidents in Fort Lauderdale
Motorcycle crashes are an unfortunate reality across the country. Sadly, Fort Lauderdale and Broward County are no exception. Motorcycle crashes occur for a variety of reasons. Yet, there is a shared common characteristic: Virtually all motorcycle accidents in Fort Lauderdale could have been prevented with the right safety protocols.
Here are some of the main causes of motorcycle crashes in Florida:
Distracted Driving
One of the leading causes of accidents on the road is distracted driving. Examples include texting, eating, or adjusting the radio, all of which can cause a driver to lose focus and collide with a motorcyclist. Too many drivers fail to notice motorcyclists. Distracted driving exacerbates that problem.
Speeding
Excessive speed is a factor in many motorcycle accidents. Motorcyclists and other drivers may not have enough time to react to potential hazards when traveling at high speeds. Speeding not only increases the likelihood of a crash, but it also makes the crash more severe.
Left-Turn Accidents
Many motorcycle crashes occur when a vehicle turns left in front of a motorcyclist, failing to yield the right of way. Indeed, unprotected left turns are a somewhat heightened risk maneuver for motorcyclists, as negligent drivers may not see them.
Unsafe Lane Changes or Unsafe Merging by Drivers
Unsafe merges are a big safety concern for motorcyclists in Florida. A driver who fails to notice a motorcycle and makes an unsafe lane change could cause a serious accident.
Poor Road Conditions
Fort Lauderdale and other communities in South Florida experience frequent rain, which can create slick and hazardous roadways. Potholes and uneven surfaces can also contribute to accidents. They may cause a rider to lose control.
Common Motorcycle Accident Injuries
It is no secret that motorcyclists have limited protection. Wearing a helmet and other protective safety equipment can dramatically reduce a motorcyclist’s risk of suffering a catastrophic injury.
At the same time, injuries are reported in most motorcycle crashes. In Florida, nearly 9 out of 10 motorcycle crashes leave the motorcyclist or rider hurt. In 2023, only about 13% of drivers and passengers in reported crashes were recorded with “no injuries,” which means about 87% were injured.
Some of the most common motorcycle crash injuries include:
- Road rash
- Biker’s arm
- Soft tissue damage
- Sprains & strains
- Shoulder injuries
- Broken bones
- Traumatic brain injuries (TBIs)
- Facial injuries
- Internal bleeding
- Internal organ damage
- Amputations
- Spinal cord damage
These injuries can have devastating, lifelong effects on your physical and mental health and financial stability. If someone else caused the crash, you can pursue compensation. Our motorcycle crash attorneys will walk you through your options, demand accountability, and work to give you back the hope and confidence you need to move forward.
Damages Available After Motorcycle Accidents
In the event of a motorcycle crash, seeking compensation through a legal claim is often necessary to cover expenses and help you put the pieces back together. You may have a lot of questions about what exactly you can recover. Fort Lauderdale allows for the recovery of both economic and non-economic damages through a motorcycle injury claim.
Our Fort Lauderdale motorcycle accident attorneys are dedicated to assisting those who have been injured in securing the highest possible settlement or verdict. You deserve full and fair compensation for your losses, including:
- Emergency medical care
- Medical bills incurred during hospitalization & other medical treatments
- Lost wages
- Loss of future earning capacity
- Property damage
- Pain & suffering
- Emotional distress
- Scarring & disfigurement
- Long-term disabilities
- Compensation for wrongful death (funeral & burial expenses, loss of financial support, etc.)
Read More: Can You Sue for Pain & Suffering in Florida?
Frequently Asked Questions About Motorcycle Accidents in Fort Lauderdale
Right after a crash, it’s easy to unintentionally hurt your claim. Keep these “don’ts” in mind:
- DON’T leave the scene except to get to safety.
- DON’T skip medical care or “tough it out,” because delayed treatment can slow your recovery and give insurers a reason to downplay your injuries.
- DON’T apologize or accept blame at the scene.
- DON’T give a recorded statement or sign anything from an insurer until you’ve talked with an attorney.
- DON’T post photos or comments about the crash on social media.
- DON’T repair or throw away your helmet, clothing, or motorcycle parts, because they may be important evidence.
If you’re unsure about the next step, reach out to us and we’ll walk you through it.
Determining fault is essential for determining liability. In a motorcycle accident, negligence plays a key role in determining who was at fault. In Florida, the party whose negligence (failure to take due care) contributed to the crash is considered at fault.
A thorough investigation of the scene is a must. A Fort Lauderdale motorcycle accident attorney with experience handling injury claims can help to determine exactly what happened. An investigation may include gathering witness statements, reviewing any available surveillance footage, and consulting with crash analysis experts.
The short answer is as soon as you can. Early involvement allows us to preserve video before it’s erased, secure black-box data, locate witnesses, and protect you from pushy insurance adjusters. It also means you’ll have guidance from day one.
If fault is disputed, injuries are serious, the at‑fault driver has little or no insurance, or you’ve been offered a quick, insufficient settlement, it’s especially important to talk with an attorney right away. The consultation with our team is free, and it can help you avoid making costly mistakes.
No. Florida’s Personal Injury Protection (PIP) applies to vehicles with four or more wheels, so it doesn’t cover motorcycles. Most riders use a combination of health insurance, optional MedPay, the at‑fault driver’s bodily injury coverage if it exists, and their own uninsured or underinsured motorist coverage. We’ll discuss your options and seek compensation and accountability from the at‑fault party and any other available policies.
Yes. Not wearing a helmet doesn’t automatically bar your claim. You can still pursue compensation for your injuries. In some cases, the insurer may argue that certain head or face injuries would have been less severe with a helmet, which can affect the amount of damages for those specific injuries. We’ll focus the case on the other driver’s unsafe actions and build the medical proof needed to maximize your recovery under Florida’s comparative fault rules.
Yes, for the most part, motorcyclists in Fort Lauderdale have the same rights and responsibilities as other motorists. You’re entitled to a full lane and the same right of way as any other driver, and other motorists must look for you and yield when required.
You’re expected to follow the same traffic laws as other drivers, plus a few. Florida requires a motorcycle endorsement and eye protection on public roads, and lane splitting isn’t legal. If another driver treats your lane like optional space or “doesn’t see you,” that doesn’t excuse unsafe driving.
There is really no true “average” settlement. A settlement in a motorcycle accident case varies depending on the circumstances of the accident. Relevant considerations include the severity of the victim’s injuries, their ability to prove fault, and the insurance coverage of the liable party.
Keep in mind that each and every accident is unique. It will be settled on a case-by-case basis. A Fort Lauderdale motorcycle accident lawyer can help you ensure that you get full and fair compensation for your damages.
No two cases move the same way. The duration of the motorcycle accident settlement process depends on a number of different factors, including:
- Complexity of the case
- Severity of your injuries
- Amount of damages sought
- Number of liable parties involved
- Disputes on fault
- Willingness of the insurance company to negotiate
A case may resolve pre-suit, or it may need to be filed and litigated if the insurer refuses to be fair. It can take weeks, months, or even years to reach a settlement. An attorney can help you navigate the claims process. You do not want to rush and end up with less compensation than you deserve. Our team will keep you in the loop every step of the way, so you know what’s happening, what’s next, and why.
There’s no upfront cost to get started. Our attorneys offer unparalleled legal representation on a contingency fee basis, which means you don’t pay any fees until we recover money for you. During your FREE consultation, we’ll explain how fees and case costs work so you know exactly what to expect before you decide to hire our team.
Often, yes. A quick settlement can limit what the insurer pays out, especially if they can settle before you know the full extent of your injuries. Early offers are usually low, and accepting one will essentially end your claim forever.
It’s wise to understand the entirety of your diagnosis, your future care needs, and all available insurance options before you consider any offer. We’ll value your claim and mitigate the pressure from the insurance companies, negotiating from a position of confidence so you’re not leaving money on the table.
Why Hire Bernheim Kelley Injury Lawyers for Your Fort Lauderdale Motorcycle Accident Case?
Following a serious motorcycle crash, it is crucial that you have a skilled legal advocate on your side. You do not have to go up against an aggressive insurance company alone.
At Bernheim Kelley Injury Lawyers, we have the skills, knowledge, proven experience, and dedication to handle the full range of motorcycle accident injury claims. Our Fort Lauderdale motorcycle accident lawyers fight hard to help injured victims get Real Results.
- Real Advocacy: We listen first, then we develop a personalized plan based on your health, goals, and needs.
- Real Experience: We have decades of trial experience. Insurance companies know we’ll take a case to court if that’s what it takes.
- Real Justice: Compensation is a start. Dignity, clarity, and peace of mind matter just as much.
Why Choose Us?
When you’re facing one of the toughest moments of your life, you need more than just a lawyer—you need a trusted ally who will stand with you and fight for your rights.
Contact Our Fort Lauderdale Motorcycle Accident Lawyers Today for a FREE Consultation
Hurt in a motorcycle wreck? We’re ready to make sure you are pursuing every avenue to the compensation you deserve. Call 954-866-1111 or contact us online today to set up a FREE, no-commitment consultation with a compassionate and determined attorney. We handle motorcycle accident claims in Fort Lauderdale, Broward County, and Southeast Florida.