Motorcycle accident injuries can be serious, and many motorcyclists face the added challenge of assumptions about fault–especially from the other party’s insurance company. At Harrell & Harrell, we’ve been fighting for injured bikers for decades. We know that motorcycle accidents are often caused by others on the road, and we know how to build a strong case on your behalf.
You can schedule a free, no-obligation consultation right now by calling (904) 251-1111 or filling out our contact form.
When you’ve been injured in an accident that was someone else’s fault, that other party’s insurance company typically goes to work right away trying to undermine your case. They want to pay as little as possible in compensation, or even avoid payment. When you talk to the insurance company on your own, they may:
The best way to avoid those pitfalls is to have an experienced St. Augustine motorcycle accident lawyer on your side from the beginning. Our personal injury attorneys know the tactics insurance companies use to avoid paying your claim, and can get between you and the representatives whose job is to save the company money.
Most injury cases don’t go to trial. The vast majority are settled, and that’s often the best outcome for the injured person. But insurance companies are far less likely to offer a fair settlement if they know you can’t or won’t fight them in court. That’s why you need a motorcycle accident lawyer who has the knowledge, experience, and motivation to take your case to trial if that’s the best option for you.
In Florida, you have two years to file most motorcycle accident and other motor vehicle accident cases. If you miss that deadline, you won’t be able to recover compensation. Two years may sound like a long time immediately after the crash, but there are many reasons you should contact an attorney right away, including:
No two motorcycle accident cases are exactly alike. The best way to learn more about the types of damages you may be entitled to is to talk to an experienced St. Augustine injury attorney. Some common types of damages awarded include:
In 2023, the Florida legislature made a big change to the law governing motorcycle accident cases and other injury claims. Florida law still allows people who were partly responsible for their own injuries to recover damages, but with a strict new cut-off. If you are found to be more than 50% responsible, you can’t recover any damages at all.
If you were 50% responsible or less, you are entitled to damages. However, the amount you can receive is reduced by your percentage of fault.
Imagine, for example, that your damages are $100,000 and you are found to be 20% responsible. You will be responsible for 20% of the damages, meaning that you can only recover $80,000 instead of the full $100,000.
Comparative fault can impact any type of injury claim, but there’s one special issue that often arises in motorcycle accident cases: the injured motorcyclist not wearing a helmet.
Florida requires most motorcyclists to wear helmets when they ride. However, there are a few exceptions. You are not required to wear a helmet if:
Understanding how helmet laws intersect with personal injury claims in Florida is essential if you or a loved one has been involved in a motorcycle crash. While wearing protective headgear is always recommended for safety, Florida law sets specific requirements and exemptions regarding helmet use.
Under Florida Statutes Section 316.211, all motorcycle operators and passengers are generally required to wear properly fitting protective headgear that complies with Department of Transportation (DOT) standards.
However, Florida law provides specific exceptions where riders are legally permitted to ride without a helmet:
Even if you meet a legal exception and were not required by law to wear a helmet, choosing not to wear one can still impact your personal injury lawsuit.
In a motorcycle accident claim, insurance companies and defense attorneys often raise a “helmet defense.” They may argue that your decision not to wear protective headgear contributed to or increased the severity of your injuries—particularly head, neck, or traumatic brain injuries.
Under Florida’s modified comparative fault law, a jury is permitted to evaluate whether failing to wear a helmet contributed to the harm you suffered:
Because comparative fault arguments can drastically reduce or eliminate your compensation, it is crucial to have an experienced motorcycle accident attorney on your side. A skilled legal team will work to demonstrate driver negligence, prove the full scope of the crash’s impact, and counter unfair tactics by insurance companies aiming to shift blame onto the rider.
Motorcyclists are always at greater risk on the road than those in enclosed vehicles, and those risks are enhanced by factors common to the St. Augustine area, such as a combination of heavy tourist traffic and commercial activity. Some local danger zones include:
Risks are increased at particular times, including the Biketoberfest ®, the annual October motorcycle rally in Daytona Beach. Although the gathering point is 50+ miles outside St. Augustine, motorcyclists heading for the festival on A1A, US-1 and I-95 pass through St. Johns County.
Because the rider is entirely exposed, a motorcycle accident can cause a wide range of serious injuries. Some of the most common include:
If you’ve been in a motorcycle accident, your first concern should always be for your safety and the safety of others involved or on the road. Take only the steps you can take safely, given the environment and the extent of your injuries.
Every case is different, but your motorcycle accident attorney will begin by gathering and assessing evidence. Some examples include:
Some of this evidence may be lost as time passes, so the sooner you consult an attorney, the better. You can schedule a free consultation with an experienced St. Augustine motorcycle accident lawyer at Harrell & Harrell right now. Just call (904) 251-1111 or fill out our contact form.
Navigating a personal injury claim can be overwhelming. Our quick, easy-to-understand videos cover the most common questions we hear from clients — so you can feel informed and confident every step of the way.
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