Plata Schott Law

 Injured in a Motorcycle Crash? We Fight for Florida Riders.

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If you or someone you love has been hurt riding a motorcycle in Jacksonville or anywhere in Northeast Florida, you are likely dealing with serious injuries, mounting medical bills, and an insurance company that is already looking for reasons to blame you. Our trial attorneys represent injured riders and their families, and every case is prepared for trial from day one.

Why Motorcycle Cases Are Different in Florida

Florida’s no-fault insurance system does not treat riders like drivers. Personal Injury Protection (PIP) benefits generally do not cover motorcyclists, which means the medical coverage most Florida drivers count on after a crash is usually not available to you. Your recovery typically depends on proving the other driver’s fault and pursuing their bodily injury coverage, your uninsured/underinsured motorist (UM/UIM) coverage, and other sources our attorneys know how to find.

Riders also face bias. Insurance adjusters and juries often assume the motorcyclist was speeding or riding recklessly. We push back with evidence: crash reconstruction, witness statements, roadway and vehicle data, and complete medical documentation of your injuries.

Common causes we see include drivers turning left across a rider’s path, lane-change and blind-spot collisions, distracted driving, and dangerous road conditions. The injuries are often severe: traumatic brain injuries, spinal cord damage, fractures, road rash, and, in the worst cases, wrongful death.

Florida Laws That Affect Your Motorcycle Claim

Florida’s modified comparative negligence law bars recovery if you are found more than 50 percent at fault, and insurers use that rule aggressively. In most cases you have two years from the date of the crash to file a negligence lawsuit. Helmet use can also affect your case: Florida law allows riders 21 and over to ride without a helmet if they carry qualifying medical coverage, and we know how to respond when an insurer tries to use your lawful choice against you.

Motorcycle Accident FAQs

Do I have a case if I wasn’t wearing a helmet?

Possibly. Riding without a helmet is legal for many adult riders in Florida, and it does not prevent you from bringing a claim. It may become an issue in arguments about certain injuries, and our attorneys prepare for that from the start.

What if the driver who hit me has little or no insurance?

We look at every available source of recovery, including your own uninsured/underinsured motorist coverage, umbrella policies, and other potentially liable parties.

How long do I have to file?

In most Florida negligence cases, two years from the date of the crash. Evidence disappears quickly, so it is best to speak with an attorney as soon as possible.

What does it cost to hire you?

Nothing up front. Injury consultations are free, and we work on contingency: no fees unless we win. If there is no recovery, you owe nothing: no attorney’s fee and no case costs.

Florida PIP doesn’t cover motorcycles. Who pays my medical bills after a crash?

Usually a combination of your own health insurance, any medical payments (MedPay) coverage on your motorcycle policy, and eventually the at-fault driver’s bodily injury liability insurance or your own uninsured/underinsured motorist (UM/UIM) coverage. Florida’s $10,000 Personal Injury Protection benefit is tied to vehicles with four or more wheels, so riders generally do not get the no-fault coverage that car occupants rely on. That makes the first weeks after a Jacksonville motorcycle crash financially harder. Use your health insurance if you have it, keep every bill and explanation of benefits, and do not let a coverage gap stop you from getting treatment. Some riders are also covered under a household auto or umbrella policy, depending on the policy language. An attorney can review every policy in your household to find coverage you may not know you have.

A driver turned left in front of me and said they never saw me. Who is at fault?

In most left-turn crashes, the turning driver is at fault, because Florida Statute 316.122 requires a driver turning left to yield to oncoming traffic, and that includes motorcycles. “I didn’t see the motorcycle” is not a legal excuse; often it is an admission that the driver did not look carefully. Insurers commonly respond by claiming the rider was speeding. That matters because of Florida’s modified comparative negligence rule in Statute 768.81(6): if a jury finds you more than 50% at fault, you recover nothing, and any smaller share of fault reduces your award by that percentage. Evidence decides these disputes: intersection and dash-camera video, vehicle data, skid marks and debris patterns, and independent witnesses. Left-turn collisions are a frequent cause of serious rider injuries on busy Jacksonville corridors.

The other driver’s insurance company wants a recorded statement. Should I give one?

Not before you speak with a lawyer. You are generally not required to give a recorded statement to the at-fault driver’s insurer, and adjusters use these calls to lock in details that can later support an argument that you were speeding or partly to blame. Lane splitting is illegal in Florida under Statute 316.209(3), so even an offhand comment like “I was moving up between cars” can be used to shift fault onto you. It is fine to exchange basic information, and you should report the crash to your own insurer as your policy requires; your own policy may also require cooperation, which your attorney can help you handle. Be careful with social media, too. Photos of you riding after the crash, or posts about your speed, regularly surface in Florida injury cases.

Does a motorcycle crash have to be reported to police in Florida?

Yes, if anyone was hurt. Florida law requires drivers to immediately report any crash that causes injury or death. Starting October 1, 2026, a crash with property damage only must be reported when the apparent damage is at least $2,000, up from $500, under Senate Bill 488. Because riders are rarely uninjured, most motorcycle crashes qualify. In Jacksonville, call 911 and the Jacksonville Sheriff’s Office or Florida Highway Patrol will respond; in Clay, St. Johns, and Nassau Counties, it may be the county sheriff or FHP. A police report is not the final word on fault, but it creates an official record of the time, place, drivers, insurance, and witnesses. Pain that shows up the next day still counts as an injury, so get evaluated promptly and tell the provider you were in a motorcycle crash.

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