Common Questions

Q: Do I have to take a class to operate a motorcycle in Florida?

A: Florida enacted a law (effective July 1, 2008) that requires all first-time applicants for a motorcycle license to complete a Basic Riders Course. If you are inexperienced at operating a two-wheel vehicle, there are also several good sources for additional motorcycle training programs. In fact, most motorcycle dealership offer training as well as "fun rides" that can provide a safer environment to learn the rules of the road.

Q: Is a helmet required to ride a motorcycle in Florida?

A: By Florida Statute 316.211 ("Equipment for Motorcycle and Moped Riders"), helmets are not required for riders over the age of 21 who carry a minimum of $10,000 in medical insurance. However, eye protection is a mandatory requirement under Florida law.

Q: What are the State of Florida insurance requirements for a street bike?

A: Florida's No-Fault or "PIP Law" does not apply to motorcycle or scooter operators. However, the Financial Responsibility Law does apply to all motor vehicles operated on Florida's roadways. In addition, the voluntary purchase of motor vehicle liability insurance by an owner or operator of a two-wheel vehicle is highly recommended.

Q: Is there a difference between uninsured motorist coverage and underinsured motorist coverage?

A: Yes. Uninsured motorist coverage pays you for your injuries when another motorist has no insurance coverage at all. Underinsured motorist coverage pays for your injuries when the at-fault motorist has insurance but their limits of liability coverage are not high enough to compensate you for all of your personal damages.

Q: Can my buddy and I ride side by side in the same lane of traffic?

A: All motorcycles are entitled to the full use of a lane and no motor vehicle should be driven in such manner as to deprive a motorcyclist of the full use of a lane. However, this regulation does not apply to motorcycles where the riders knowingly choose to operate their bikes two abreast in a single lane.

Q: In traffic, can I maneuver between slower car and truck traffic?

A: When operating a motorcycle on roadways with traffic lanes, the operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being passed. In addition, operating a motorcycle between lanes of traffic or between adjacent rows of vehicles is prohibited.

Q: What do I do if I am involved in a motorcycle wreck that wasn't my fault?

A: Immediately call the police to make a motorcycle accident report. Do not talk to the other driver's insurance company about the wreck. If possible, document as many of the details at the accident scene as possible by taking pictures with a camera phone and exchanging pertinent contact and insurance information with the other drivers. It is also very important to get the contact information from each eyewitness to the accident.

Q: Is an investigation of my motorcycle accident case important?

A: A prompt investigation of any motorcycle accident involving personal injury or property damage is essential for the protection of your interests. If not, it is much easier for any insurance company (sometimes including your own insurance carrier) to devalue the motorcyclist's claim.

Q: Should I have a doctor look at my accident injuries?

A: If you are hurt, seek medical attention as soon as possible. Since internal injuries are not always apparent at the scene of a motorcycle accident, you should use an emergency care facility to be certain that you are indeed injury free. Medical documentation can be essential to proving that the accident was the cause of injuries that may not appear for days or weeks after the accident.

Q: Should I handle my claim with the insurance company?

A: You should never assume the at-fault driver's insurance company will treat you fairly during the settlement of a claim. In fact, they have no duty to do so. Their goal is to settle the claim for the least amount of money and seasoned adjusters are very adept at doing just that. To protect your interests or those of the deceased, it is always advisable to have an experienced Florida motorcycle accident attorney review your case.

Q: Who can be held responsible for injuries or death to motorcycle operators and passengers?

A: Anyone who was at fault and contributed to the cause of the motorcycle accident. In many road accidents, it is the driver of a car or truck that is found to be at fault. However, if a motorcycle operator is found to be at fault, they can be held responsible for the injuries caused to his or her passenger.

Q: What can I do if a defective or poorly maintained roadway contributed to my motorcycle accident?

A: Motorcycle accident attorneys in Florida can help you determine the best option for pursuing compensation for damages and personal injury following a road-condition related motorcycle accident. Florida roads are required to be safely designed and maintained. Road defects, such as potholes, uneven payment, missing signage, lack of maintenance or poor planning, can mean the responsible agency is liable.

Q: What can I do if I was injured because of a defect in my motorcycle?

If you or a loved one were injured in a motorcycle accident that was caused by a motorcycle defect related to a poor design or manufacturing element, you may have a legitimate claim especially if the manufacturer knew about the defect and failed to warn consumers of the danger. Product liability is a bit tricky and expert witnesses may be needed to prove your case. Do not discard the crashed motorcycle as it will need to be thoroughly examined.

Q: What Do I Do if a loved one was killed in a motorcycle accident?

A: Depending on the circumstances of the motorcycle accident, in cases where a loved one died in a fatal motorcycle accident the surviving family members may be entitled to bring a wrongful death lawsuit against the party responsible for an accident. Although no amount of money could ever replace a loved one's life, a wrongful death settlement can compensate the family for loss of income and support, final medical bills, funeral expenses, and damages for pain and suffering.

Q: The insurance company sent me paperwork to sign after my Florida motorcycle wreck. Should I sign them?

A: If you were in a motorcycle accident in Florida, it is always best to consult with a motorcycle accident attorney before you sign anything sent to you by an insurance company. Because an insurance adjuster is looking out for their company's best interests rather than yours, any initial offer may be less than you deserve. Don't be tempted by a fast settlement that does not adequately cover immediate and ongoing medical treatments for your injuries.

Q: How does a motorcycle accident attorney make a difference?

A: Motorcycle accident attorneys in Florida are experienced in dealing with various types of accidents and have a thorough understanding as to how different parties' insurance policy coverage may be applied to your specific claim. Again, someone else's insurance company does not have a duty to you and can legally settle the claim for as low of an amount as possible. On average, motorcycle crash victims who use a qualified motorcycle accident attorney receive a larger settlement even after the fees for legal services are deducted.

Motor vehicle accidents are considered to be one of the leading preventable causes of death in Florida. Motorcycle accident attorneys play a major role in protecting the interests of victims damaged due to the negligence or misconduct of another individual, manufacturer or responsible agency. Florida law allows for the injured party or the surviving family members of the deceased to file a personal injury or wrongful death claim to recover the appropriate damages such as medical expenses, lost wages, mental anguish, pain and suffering, loss of companionship and other related expenses. Contact the Law Office of Harrell & Harrell Motorcycle Accident Attorneys at 800-251-1111 for a no cost, no obligation consultation to discuss your claim. Don't settle for less than you deserve.