Motorcycle Injury Attorneys Fighting for Real Justice in Fort Myers, Lee County & Southwest Florida
If you were hurt in a motorcycle crash in Fort Myers, you’re probably dealing with a lot at once: pain, medical care, missed work, insurance calls, and questions about what you should be doing next.
A Fort Myers motorcycle accident lawyer can help you understand your rights and protect your claim while you focus on getting stronger. At Bernheim Kelley Injury Lawyers, we represent injured riders and families across Fort Myers, Lee County, and Southwest Florida. We know how quickly insurance companies try to jump in, blame you, downplay your injuries, or push you to take a quick settlement offer.
But our team Keeps It Real with you from the start. We’ll listen to your story, explain your options, and help you and your family decide what you want to do next. Call us today at 239-366-1111 or contact us online to schedule your FREE consultation. It’s the first step toward getting the Real Justice you need, and you don’t pay us a dime unless we win.
Real Results
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- $2,500,000 Settlement: A motorcyclist suffered serious injuries after another vehicle entered his lane and stopped, forcing him to react quickly to avoid a collision. The motorcycle flipped, throwing our client into the other vehicle. The insurance company initially offered $1.25 million. After years of litigation, our team continued pushing the case forward and secured double the amount.
The Real Deal: Do I Have a Claim?
You might have a motorcycle injury claim if:
- Another driver caused or contributed to the crash
- You were hurt in the accident
- You’re dealing with medical bills, missed work & other losses
Still not sure? That’s okay. You don’t need to have it all figured out before you call. Even if you think you could have been partly at fault, our team can take a look at your case and help you understand your options.
What To Do After a Motorcycle Crash in Fort Myers
After a motorcycle crash, focus on your health first. Get medical care right away, even if you think your injuries are minor.
If you’re able, take these steps:
- Call 911 & report the crash.
- Get checked by emergency responders or a doctor.
- Take photos of the vehicles, motorcycle, road, traffic signs, debris & injuries.
- Get the driver’s name, insurance information, license plate number & contact information.
- Ask for contact information from witnesses.
- Keep your helmet, gear, damaged bike & repair estimates.
- Follow your treatment plan & keep detailed records.
- Talk to our motorcycle accident attorneys before giving the other driver’s insurance company a recorded statement.
You don’t need to do everything perfectly. You need medical care, support, and a team that knows what they’re doing.
What Not To Do After a Crash
- Don’t refuse medical care if you’re hurt.
- Don’t say you’re fine if you’re still in pain or unsure.
- Don’t apologize or accept blame at the scene.
- Don’t repair or get rid of your motorcycle, helmet, or gear too soon.
- Don’t post about the crash or your injuries on social media.
- Don’t sign medical releases, settlement papers, or insurance forms you don’t understand.
- Don’t accept a quick settlement before you know the full extent of your injuries.
A fast offer can feel helpful when bills are piling up. But once you settle, you can’t go back for more money later, even if your injuries turn out to be worse than you first thought.
What Not To Say to an Insurance Adjuster
Insurance adjusters can sound friendly, but their job is to protect the insurance company. What you say can be used to question your injuries, shift blame, or pressure you into a lower settlement.
Avoid saying things like:
- “I’m fine.”
- “I didn’t see them.”
- “I might have been going too fast.”
- “I’m sorry.”
- “I don’t think I’m badly hurt.”
Keep the conversation short, confirm basic information, and tell the adjuster you’re getting medical care and want to understand your rights before giving a statement. Then, call Bernheim Kelley Injury Lawyers to set up your free case review.
How Long Do I Have To File an Injury Claim in Fort Myers?
In most Florida motorcycle accident injury cases, you have 2 years from the date of the crash to file a negligence lawsuit. If you lost a loved one in the crash, wrongful death claims are also generally subject to a 2-year deadline, starting from the date of their death (Florida Statutes § 95.11(5)).
Some cases may have shorter deadlines, especially if a government agency is responsible for unsafe road conditions, missing signs, poor maintenance, or another hazard. If you’re unsure about the deadline in your case, it’s better to ask rather than risk losing your right to file.
We know that after a serious crash, time is a blur. You’re just trying to get through each day. Legal deadlines are the last thing on your mind. But the sooner you contact our team, the better we can support you.
How Bernheim Kelley Injury Lawyers Helps
A motorcycle crash threatens your well-being and then some. It impacts your work, your independence, your finances, your family, and the future you imagined. We get that, and we know you need more than a personal injury firm that just fills out paperwork. You need guidance, Real Advocacy, and a team that listens to your experience, your needs, and your hopes.
When you work with Bernheim Kelley Injury Lawyers, you get a team that treats you with the respect and care you deserve and treats your case with the urgency it requires.
Here’s what you can expect from us:
- No Win, No Fee: You don’t have to worry about upfront legal fees. We only get paid if we recover compensation for you.
- Trial-Ready Preparation: We prepare every case with focus and determination, and we’re ready to go to court if that’s what it takes to get Real Justice.
- Thorough Investigation: We have a network of experts, investigators, and resources to help us dig into crash reports, witness statements, photos, video, insurance policies, medical records, and any other details that could support your claim.
- Real Communication: You won’t be left guessing. We keep you updated, explain what’s happening, and answer your questions honestly.
- Client-Focused Strategy: We take the time to understand what this crash has done to your life, so we can build the case around your needs, goals, and future.
- Compassion & Strength: We know the strain you and your family must be under, and we’re here to help while you focus on getting stronger.
We can also help connect clients with medical treatment and transportation when needed. If you can’t come to us because of your injuries, we will come to you.
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.
Florida Motorcycle Accident Laws That Can Affect Your Claim
Motorcycle accident claims in Florida don’t work the same way as regular car accident claims. A few state laws can affect your rights, your insurance options, and how the insurance company handles your claim.
1. Florida PIP Rules Are Different for Motorcyclists
Florida’s no-fault insurance system only applies to vehicles with four or more wheels (Florida Statutes § 627.732(3)). Motorcycles fall outside of that definition, so injured riders can’t rely on PIP the same way someone hurt in a car crash might. That means you may have to rely on the at-fault driver’s insurance, your own uninsured/underinsured motorist coverage, medical payments coverage (MedPay), or other available coverage.
2. Florida Has Motorcycle Helmet & Eye Protection Laws
Florida law requires approved eye protection for motorcycle operators. Riders over 21 can ride without a helmet if they have at least $10,000 in medical benefits coverage for crash injuries (§ 316.211(3)(b)). If the insurance company tries to use the fact that you weren’t wearing a helmet against you, talk to a motorcycle accident attorney before assuming they’re right.
3. Florida Follows Modified Comparative Fault
If you’re found partly at fault, your compensation can be reduced by your percentage of fault. If you’re found more than 50% at fault, you generally can’t recover damages in a negligence claim (§ 768.81(6)).
4. Crash Reports Are Important
Florida law requires a long-form crash report for certain crashes, including those involving death, injury, indications of pain, inoperable vehicles requiring a tow, or commercial motor vehicles (§ 316.066(1)(a)). That report can be a useful tool in your claim.
Liability After a Motorcycle Accident
Liability depends on what caused the crash. Often, the at-fault driver, typically a car or truck driver, is responsible. But they may not be the only one.
Other potentially liable parties include:
- The driver of another vehicle involved
- The owner of the vehicle
- A driver’s employer, if the driver was working at the time
- A rideshare, delivery, trucking, or commercial company
- A vehicle or parts manufacturer
- A repair shop that performed unsafe work
- A government agency responsible for unsafe road conditions
Our job is to look beyond the immediate story that the insurance company tries to sell you. We dig into what really happened, who was responsible, who had coverage, and who can be held accountable.
Who Is Usually At Fault in Motorcycle Accidents?
There’s no automatic answer for this, of course. Every crash is different and has to be investigated.
Still, national data shows that other drivers are often responsible for serious motorcycle crashes. According to the National Highway Traffic Safety Administration, in 46% of fatal two-vehicle crashes involving a motorcycle and another vehicle in 2023, the other vehicle was turning left while the motorcycle was going straight, passing, or overtaking.
The National Transportation Safety Board has also reported that other vehicle drivers often fail to detect or anticipate motorcycles, especially when entering or crossing a road, making a turn, or changing lanes.
Insurance companies sometimes try to blame you to save themselves some money. We use evidence, not assumptions, to build the case.
What if I Was Partially At Fault?
You may still have a case, even if you were partially at fault, as long as you weren’t more than 50% responsible under Florida’s comparative fault law (Florida Statutes § 768.81). But your compensation would be reduced by your percentage of fault.
For example, if you were found 20% at fault in a case with $100,000 in damages, your recovery could be reduced by 20% to $80,000. But if the insurance company can push your fault over 50%, you might not be able to recover a dime.
This is why Real Experience and support are so important. Bernheim Kelley Injury Lawyers has a network of experts, investigators, and other useful resources, and we know how to gather and use evidence to challenge snap judgments and build a winning case.
Compensation in Motorcycle Injury Claims
Motorcycle accident injuries can be serious, life-changing, and all too often, deadly. Riders have less protection than people in cars, which means the impact can cause severe injuries, long recoveries, and major financial stress.
A motorcycle injury claim may include compensation for:
- Emergency medical care
- Hospital stays
- Surgery
- Physical therapy & rehabilitation
- Future medical treatment
- Lost income
- Reduced earning capacity
- Pain & suffering
- Emotional distress
- Scarring or disfigurement
- Permanent injury or disability
- Motorcycle repair or replacement
- Out-of-pocket expenses
If the crash took the life of someone you love, surviving family members may be able to seek compensation through a wrongful death claim (Fla. Stat. § 768.21). That could include:
- Medical & funeral expenses
- Loss of support & services
- Loss of companionship & protection
- Pain & suffering
- Loss of parental companionship, instruction & guidance
– you are in good hands!
Where Motorcycle Crashes Happen in Fort Myers
Motorcycle crashes can happen anywhere, but busy roads, intersections, and tourist-heavy areas can create added risk for riders. Crashes are likely to occur on busy roads, including:
- I-75
- US-41/Tamiami Trail
- Colonial Boulevard
- Daniels Parkway
- Summerlin Road
- Cleveland Avenue
- McGregor Boulevard
- Routes connecting Fort Myers with Cape Coral, Lehigh Acres, Naples & Fort Myers Beach
But accidents aren’t exclusive to busier roads. Traffic, sudden stops, lane changes, inexperienced drivers, construction zones, and poor visibility can all create dangerous conditions for motorcyclists.
Real Experience. Real Advocacy. Real Support.
Bernheim Kelley Injury Lawyers has recovered more than $1 billion for our clients. But behind those results are real people and real families at one of the hardest moments of their lives.
We are proud to champion your rights in these moments when the insurance company may be trying to blame you, the medical bills are piling up, and your everyday life, freedom, and identity are at stake.
Trust us to keep you informed, answer your questions honestly, act in your best interest, and fight for the compensation you deserve. Real support when you need it most.
Contact Our Fort Myers Motorcycle Accident Attorneys Today for a FREE Case Review
If you or a loved one were injured in a motorcycle crash in Fort Myers, Lee County, or anywhere in Southwest Florida, call Bernheim Kelley Injury Lawyers at 239-366-1111 or contact us online to discuss your case for FREE.
Our team of dedicated Fort Myers motorcycle accident lawyers provides the trial-ready, personalized, and compassionate legal support you need to get the Real Justice you deserve.