Motorcycle Accident Attorneys

February 5, 2024 | Attorney, Matthew Dolman

Due to their lack of an enclosed frame or other safety features such as seat belts and airbags, motorcyclists are far more likely to be killed or seriously injured in accidents than the occupants of different types of motor vehicles. Unfortunately, motorcyclists injured in traffic accidents are often judged by society for their mode of transportation and perceived as risk-takers or daredevils who must have done something wrong to have caused an accident.

In truth, negligent drivers cause many motorcycle accidents.

If you suffered injuries or lost a loved one in a motorcycle accident caused by a driver's careless or reckless actions, the experienced motorcycle accident attorneys from Dolman Law Group Accident and Injury Lawyers, PA, can help you. We can explain the legal process for seeking compensation for your injury or loss. We can also evaluate your claim for free and tell you about the services we can provide to make this overwhelming process easier for you.

Why Dolman Law Group's Motorcycle Accident Lawyers Succeed

Motorcycle Accident Lawyer, Matthew Dolman
  • Did you suffer a severe injury in a motorcycle accident? 
  • Are you getting the runaround from insurance adjusters?
  • Are you worried that you won't have enough money to pay for your medical expenses?
  • Put our motorcycle accident attorneys to work for you

At Dolman Law Group, we work quickly and efficiently for injured motorcyclists and their families. From the moment you step into our office, you will receive the personalized attention and support you deserve from an experienced motorcycle accident attorney. We take the time to listen to our clients and their stories. The vast majority of our business is referred to us by very satisfied former and current clients who appreciate our personal attention.

Dolman Law Group Accident Injury Lawyers, PA, has a reputation among colleagues and insurance providers as fierce litigators who will aggressively advocate for their clients both in settlement negotiations and in the courtroom.

Our case results include:

  • A $1.4 million award for a client who suffered multiple injuries as a result of a motorcycle accident.
  • A $1.15 million award for a client who sustained a fractured elbow, multiple fractures to their left hand, and road rash after a negligent driver made an illegal turn.
  • A $1 million award for a client who suffered a traumatic brain injury from a motorcycle accident.

We want to understand how your accident and injuries have affected your life. Our personal injury attorneys want to know your fears and worries and how we can work to offer you peace of mind through our award-winning legal representation.

While you focus on your recovery, let us take the legal burdens off your shoulders. Our law firm has the resources and experience to tackle even the most complex injury cases. We are not afraid to take your motorcycle accident lawsuit to trial if necessary to recover the compensation you are owed. Let us do what we do best so you can return to riding again.

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Why Choose Dolman Law Group Accident Injury Lawyers, PA, to Assist You With Your Claim?

Dolman Law Group Accident and Injury Lawyers, PA, is a nationwide firm with offices throughout Florida and in San Antonio, Houston, Bronx, and Boston. Our motorcycle accident attorneys have extensive experience in helping injured riders and passengers successfully navigate the personal injury claims process to obtain the compensation they need. Dolman Law Group Accident Injury Lawyers, PA, has a reputation among colleagues and insurance providers as fierce litigators who will aggressively advocate for their clients both in settlement negotiations and in the courtroom.

Our case results include:

  • A $1.4 million award for a client who suffered multiple injuries as a result of a motorcycle accident.
  • A $1.15 million award for a client who sustained a fractured elbow, multiple fractures to their left hand, and road rash after a negligent driver made an illegal turn.
  • A $1 million award for a client who suffered a traumatic brain injury from a motorcycle accident.

Dolman Law Group Accident Injury Lawyers, PA, attorneys understand that there is incredible value in having a personal injury lawyer who lives and practices in your community. Because of this, we have strived to create local offices in as many communities as possible.

If you are near one of our local law offices, call us for an in-person case evaluation. If Dolman Law Group Accident Injury Lawyers, PA, has no offices in your area, we have an extensive network of attorneys we work with nationwide and will be happy to refer you to one of our colleagues.

How Can Dolman Law Group Help With Your Motorcycle Accident Claim?

We offer our clients more than just legal advice and representation. Our team will work closely with you through every step of the motorcycle accident claim process. This means assisting you with determining who is liable for your damages and what strategy will help you receive maximum compensation.

Our motorcycle accident attorneys assist in the investigation of your accident, retaining expert witnesses (including accident reconstructionists), handling court paperwork, and much more. Your attorney will also be at your side, representing your best interests and ensuring you are not taken advantage of. They will contact the insurance company with your demands, try to negotiate a fair settlement, or represent you in a trial. Our team brings award-winning skills and experience honed by years of successful litigation on behalf of motorcycle accident victim after accident victim.

Our law firm offers free initial consultations and reviews to assist you better. Even if you aren't sure you have a case, we want to take the time to talk with you and help you explore all your legal options.

What Causes Motorcycle Accidents?

Motorcycle accident scene

As with any motor vehicle accident, human error is the most common cause of motorcycle accidents. While riders can do several things that can cause them to be involved in an accident, thousands of motorcycle accidents each year are caused by the negligence of drivers of other motor vehicles. Given the small size of a motorcycle compared to other vehicle types regularly seen on public roadways, the lack of visibility for the rider is often a factor in the crash but is seldom the actual cause.

Driver behaviors that can lead to motorcycle accidents in the U.S. include:

  • Speeding cars and trucks. Excessive speed creates many hazards that can lead to any type of accident, including accidents involving motorcycles. These hazards include less time for the driver to see and respond to hazards.
  • Distracted drivers. The Insurance Information Institute (III) notes that more than 3,000 people die each year due to driving distractions.
  • Failure to yield the right-of-way. One of the leading causes of motorcycle accidents is left-turning drivers because they must yield the right-of-way to travelers moving straight through the intersection on a solid green light. Because the motorcycle's frame is smaller than other vehicle types, drivers often aren't looking to see if a motorcycle is approaching and can turn into its path.
  • Improper lane changes. When a driver fails to check their blind spot before merging or changing lanes, they risk having an accident with vehicles traveling in the lane they're entering, including motorcycles.

How Much Is Your Motorcycle Accident Claim Worth?

How Are Pain and Suffering Damages Calculated?

Motorcycle accidents can produce serious or even catastrophic injuries to riders and even death. When a motorcyclist is injured in an accident caused by a negligent driver, they can seek compensation for the expenses and impacts of their injury through the personal injury claims process. Those who have lost a loved one in an accident caused by another roadway user can seek compensation for the expenses and impacts of their loss through a wrongful death claim.

Each of these legal processes involves first filing the claim against the at-fault driver's auto liability insurance policy. If the insurance provider who services that policy fails to pay the claim, it can be filed as a personal injury lawsuit in civil court so that a judge or jury can determine liability and how much compensation is owed to the injured rider or the family of the deceased rider.

No standard compensation amount is available for a personal injury or wrongful death claim after an accident has occurred.

Several factors affect the value of the motorcyclist's claim, including:

  • The clarity of liability
  • The severity of the rider's injuries (in a personal injury claim)
  • How much money the injured rider was making before the accident occurred
  • How much insurance the at-fault driver has
  • The patience of the rider or the rider's loved ones in waiting for the claim to be resolved

The Types of Injuries Associated With Motorcycle Accidents

Burn injuries are common in motorcycle accidents as the rider's body rides on top of the vehicle's gas tank, which is largely unprotected from the rigors of the accident and prone to rupturing, soaking the rider in caustic gasoline or subjecting them directly to heat and flames from a resultant fire.

Motorcycle accidents can also lead to traumatic brain injury, such as a concussion, brain hemorrhage, or coup-contrecoup brain injury. Traumatic brain injuries can have devastating consequences, such as paralysis, poor coordination, difficulty speaking, and changes in the five senses.

Other types of injuries commonly associated with motorcycle accidents include:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Broken bones
  • Soft tissue injuries to muscles, tendons, and ligaments throughout the body
  • Injuries to internal organs
  • Road rash and other damage to the skin, including punctures or lacerations
  • Crush injuries

Being injured in a motorcycle accident subjects the rider to a number of unanticipated expenses. The average cost of an overnight hospital stay is around $15,000, with additional costs for emergency treatment at the scene of the accident and in the emergency department, ambulance transport, diagnostic testing, and the provision of prescription medications, physical therapy, and rehabilitation.

What to Do if You’ve Been Injured in a Motorcycle Accident

After a motorcycle accident injury, you can protect your claim's value if you:

  • Seek a prompt medical evaluation to receive a diagnosis and treatment for your injuries and carefully follow your physician's treatment plan, including taking all prescribed medications and attending all injury-related appointments.
  • Keep a journal where you can track your pain level, the appointments you attend, and other information about your injury that can be used to justify the value of your claim.
  • Obtain a copy of the police report generated by the officers who investigated your accident. If you are unable to obtain the report on your own, your legal team will obtain it as they are working on your case.
  • Consult your attorney before speaking with insurance providers about your accident or injury.
  • Avoid posting about your accident on social media, even private posts. The at-fault party's insurer or attorney can demand to see these posts and use your statements against you at trial.

Understand the Motorcycle Laws

Each state has its own set of laws that govern the behavior of motorcyclists. Knowing and obeying all traffic laws in your state is an essential first step in preventing the worst from happening.

Florida Statute 316.2085 lays down the general rules all motorcycle riders must abide by. The following are some of the rules enclosed in the statute:

  • A person riding a motorcycle must sit on the seat attached to the vehicle.
  • Two people may not ride on a motorcycle simultaneously unless there is a designated second seat. It is illegal for two people to share one seat on a motorcycle.
  • The motorcyclist must stay firmly seated the whole time they operate the motorcycle. The bike's two wheels must always remain on the ground. A motorcycle's wheels can only lose contact with the ground due to conditions outside the motorcyclist's control.
  • A person riding a motorcycle must always keep both hands on the handlebars. It is prohibited to carry a package, bundle, or other objects that prevent both hands from being on the handlebars.
  • All motorcycle riders must wear protective eye gear. This can include goggles, protective eyeglasses, or a face shield.
  • A motorcycle rider over 21 is not required to wear a helmet if they have an insurance policy that can cover at least $10,000 worth of damages.
  • A person under 21 must wear a helmet while operating a motorcycle.

Reported Motorcycle Accidents Involving Injuries


Source: www.flhsmv.gov/

Motorcycle Accident Statistics Reflect the High Risk of Injury or Fatality

Many people are quick to blame motorcyclists in traffic accidents, assuming that they were behaving recklessly and are, therefore, responsible for their injuries. In many cases, drivers are actually the greater threat to motorcyclist safety. Motorcyclists are also at higher risk of sustaining severe or fatal injuries. In 2021, motorcyclists died at five times the rate of passenger car occupants in motor vehicle accidents. They were also just as likely to be killed in an alcohol-impaired crash as passenger car occupants despite making up only 3% of registered vehicles in the U.S.

One of the most effective forms of protection motorcyclists have is a well-fitting helmet. The CDC reports that wearing a motorcycle helmet is 37% effective at preventing fatality and 67% effective in protecting riders from sustaining brain injuries. Unfortunately, only about a third of states have universal motorcycle helmet laws. The consequences of riding without a motorcycle helmet can be catastrophic, as evidenced by the fact that 38% of motorcyclists were without helmets in fatal collisions in 2021. Although the importance of safety gear is indisputable, reducing fatalities also demands a concerted effort by both drivers and riders to operate cautiously.

For more information about how to protect yourself as a motorcycle rider, see our archive of motorcycle accidents blog posts.

What to do After a Motorcycle Accident?

You may not be sure how to proceed in the aftermath of a motorcycle accident. While you focus on your recovery, do you have the energy, time, and effort to invest in pursuing the responsible party for compensation? The following are some of the steps you should take following a motorcycle crash.

Seek Medical Treatment for Motorcycle Accident Injuries

The most vital aspect of your post-accident life is seeking medical treatment. You need to focus on your recovery to restore your life as much as possible. Go to the hospital following your motorcycle wreck and continue all recommended medical treatment.

You also cannot receive total compensation for your medical bills until you know how much they will cost. If you try to settle your claim early on, you will not know the total cost of your treatment. It's essential to recover from your injuries before you settle so that you can receive the full settlement you deserve.

Write Down What Happened During the Motorcycle Accident

It can be challenging to keep track of all the elements of a motorcycle accident months after it occurred. You should write down what happened as soon as possible to ensure you have the most in-depth account. These details should include when it happened, where it happened, who was involved, and what injuries you suffered.

If you go to trial, you may need to attest to these details in front of a jury. It's important to remain consistent throughout your injury claim, so keeping a record of the details can help you in the long run.

Keep Track of Vital Motorcycle Accident Documentation

To receive compensation for your damages, you will need to prove the at-fault party's negligent driving behavior caused your losses. Necessary documentation, such as medical records, crash reports, and police reports, can go a long way in helping to prove their liability. Our legal team can help you gather this information.

These documents can provide a timeline of the accident and injuries you suffered. A traffic crash report with a similar timeline to medical records can prove a connection between the accident and your injuries. A police report will document the damage to your vehicle and possibly include information proving liability.

Hire a Motorcycle Accident Lawyer

Don't try to handle your motorcycle accident claims process yourself. A motorcycle accident law firm with a trusted reputation can help ease the burden. You will not have the same expertise to handle tricky legal procedures as a motorcycle accident lawyer will. They can use their knowledge to put you in a position to receive compensation while you focus on your recovery.

Motorcycle Accident Laws

Motorcycle Wreck Attorneys

Motorcycle accidents and insurance laws are unique. For starters, a motorcycle is not considered a motor vehicle in Florida. As a result, no-fault coverage or personal injury protection (PIP) insurance coverage does not apply to motorcycle accident victims. Unless you have motorcycle insurance, a specific policy that covers property damage and injuries sustained in a motorcycle wreck, you need to look to the responsible party's insurer for compensation.

The most unique feature of the law in the context of motorcycle accidents is the injury threshold or tort threshold that exists. In contrast to a car accident, a motorcycle injury claimant does not have the burden to prove they have suffered a permanent injury to recover economic damages (costs of past and future medical expenses, property damage, lost wages), non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life) or punitive damages. Thus, a motorcycle accident case is a unique personal injury claim.

In the absence of no-fault coverage, it is even more imperative to retain an experienced motorcycle injury lawyer. Most motorcycle accident cases result in costly medical bills. because they usually result in more serious injuries.

What Motorcycle Accident Damages Can You Pursue Compensation For?

To seek compensation for damages inflicted by a motorcycle accident, you can file a motorcycle crash claim with the at-fault party's insurance company. A motorcycle accident attorney can assist you by assessing your damages and determining how much you might receive. They can also help you prove the at-fault party's liability, meaning you can receive compensation for the damages they caused.

The following are some of the damages you can request in a personal injury lawsuit:

  • Medical costs for emergency and continuing care
  • Loss of income due to time off work
  • Lost income earning potential
  • Financial costs for replacement or repairs of your motorcycle
  • Disability costs
  • Loss of consortium
  • Pain and suffering (pain and suffering is non-economic damage)

Common Types of Motorcycle Accidents

There are a vast number of ways that a person can get involved in an accident when riding a motorcycle. Motorcycle accidents typically result from reckless driving behavior, such as distracted driving, drunk driving, and speeding. Different types of accidents have different factors that contribute to their occurrence and the possible damages they can inflict.

Head-on Motorcycle Collisions

head-on collision is when two vehicles moving in opposite directions crash into each other. This crash is one of the most dangerous types of motorcycle crashes because a front-end collision can result in a car directly impacting a motorcyclist's body.

Left-Turn Motorcycle Accidents

Cars commonly hit a motorcyclist at a left turn because motorists often fail to recognize a motorcyclist's right of way. A left-turn motorcycle crash can occur when a turning vehicle hits a motorcycle going straight through, collides with a motorcycle waiting for a light, or strikes a motorcycle in an intersection by ignoring a stop sign.

Lane-Switching Motorcycle Accidents

Motorcycles can easily slip into the blind spots of a larger vehicle. This can lead to catastrophic accidents when motorists fail to check their blind spots before changing lanes. Lack of motorcyclist visibility is one of the most significant contributors to motorcycle accidents.

A driver can miss a motorcycle in a blind spot and change lanes right into them. The velocity and impact caused by this collision can lead to devastating damages.

Possible Liable Parties in a Motorcycle Accident Claim

Those who suffer severe motorcycle accident injuries can file a civil claim to seek payment for damages. Filing a civil claim involves determining an at-fault party whose reckless behavior or negligence exposed the victim to harm during the motorcycle accident.

In most cases, the at-fault party will be another driver who caused the accident through negligent driving behavior, such as distracted, drunk, or drowsy driving. They broke road rules and exposed the victim to physical harm. Other motorcyclists can also make mistakes that lead to them crashing into someone, causing the motorcycle accident impact.

However, motorcycle accidents can also result from malfunctioning motorcycle parts that make it impossible for the motorcyclists to maintain control of their vehicle. In this case, the motorcycle part designer, manufacturer, distributor, or seller could be liable for a product liability claim.

How Can a Motorcycle Accident Attorney Help You?

The average person may not know the best process for seeking damages for motorcycle crash injuries. This is why they should hire a motorcycle accident attorney. With the help of a motorcycle accident lawyer, you will have a definite advantage in recovering damages.

The following are some of the ways a motorcycle accident attorney can help you:

  • Assess the damages: An experienced motorcycle crash attorney can assess your case to determine what damages you should seek. They can communicate with your doctor, boss, and motorcycle repairs technician to see how much your damages could cost. Once you and your lawyer decide upon a fair figure, they can draft a demand letter to begin the claims process.
  • Collect evidence: You must prove the at-fault party's liability to receive compensation for your damages. Proving liability requires tangible proof that establishes negligent driving behavior led to the accident. Your lawyer can use their resources to collect evidence, such as videos of the accident, witness testimonies, accident scene photos, and vehicle accident reconstructions.
  • Assist with insurance adjusters: Once you file a claim with the at-fault party's insurance company, the insurance company will send out an insurance adjuster. An insurance adjuster's job is to find information to limit your settlement. Your lawyer can help counteract their attempts to minimize your potential payout. They can also advise you about how to handle an in-person meeting with the adjuster.
  • Negotiate the settlement: Negotiating a settlement can be tricky because the insurance company will employ tactics to reduce your potential settlement. A motorcycle accident lawyer can combat these bad faith tactics and negotiate a fair settlement for your incurred damages.

Motorcycle Accident FAQs

Motorcycle Accident Claims

Following a motorcycle accident, you may feel unprepared for all the demanding aspects of the legal process required to pursue compensation for your damages. Here are some of the frequently asked questions we receive about motorcycle accident claims:

How Do I Find The Best Motorcycle Crash Attorney For My Case?

You need to find a motorcycle accident lawyer with specific experience in motorcycle collision cases. You should consider your attorney's credentials, experience, knowledge, and ability to win your case. You need legal representation that has your best interests in mind and the resources to properly handle your case.

Do your due diligence to find a motorcycle accident lawyer with the experience necessary to win your injury claim. Take advantage of free consultations to find the lawyer that offers the best legal advice.

At Dolman Law Group, our team will apply our experience litigating motorcycle accident cases to put you in a position to succeed. We will assess your damages, determine what compensation you should seek, and help prove the at-fault party's liability. We will guide you through the process so that you can rebuild your life.

Are Mopeds Considered Motorcycles?

The law does not recognize a moped as a motorcycle. This means they have their own classification and set rules that distinguish them from a motorcycles. Moped riders must be at least 16 years old and carry a Class E driver's license.

If you were on a moped when a driver crashed into you, a personal injury lawyer could still help you recover compensation for your moped accident damages by proving the at-fault party's liability and your losses.

Can You Recover Damages from a Lane-Splitting Accident?

Lane splitting is the act of a motorcyclist driving between two lanes of traffic on the white lane dividing them. This practice allows motorcycle riders to move past slower-moving vehicles and navigate traffic more quickly. The law states that a motorcycle rider cannot occupy the area between lanes of traffic.

If you were involved in a lane-splitting accident, you could still attempt to pursue compensation from the other negligent party through an insurance claim or a subsequent lawsuit if the insurance adjuster fails to provide a reasonable settlement offer. Although you share liability for causing the accident by committing an illegal act, the other driver can share partial liability if they committed reckless driving that helped cause the accident.

You will not receive the same compensation as if you were driving in the proper lane. Still, your motorcycle accident lawyer can help you pursue compensation by proving the at-fault party shared liability. You can receive compensation for the fault they had in causing the accident. Hence, the importance of retaining an experienced motorcycle accident lawyer.

Why Choose Dolman Law Group's Motorcycle Injury Lawyers?

Dolman Law Group is a nationally recognized personal injury law firm. Our motorcycle lawyers have over 130+ years of combined experience and have recovered in excess of $250 Million in financial compensation for serious injury victims. With multiple offices on both coasts of Florida, we are your local motorcycle accident lawyers. Our personal injury lawyers have served as lead counsel in over 2300 Florida lawsuits.

Motorcycle Accident Injury Lawyer
Matt Dolman, Motorcycle Accident Lawyers

Stan Gipe is a Board Certified Civil Trial Lawyer. This designation indicates that Stan is an expert in handling litigation and jury trials. Stan has served as lead counsel in lawsuits filed in the following counties; Pinellas, Hillsborough, Manatee, Sarasota, Lee, Collier, Pasco, Polk, Dade, Broward, Palm Beach, Duval, and Orange. Stan is an experienced motorcycle accident lawyer.

Matthew Dolman is an experienced motorcycle personal injury lawyer who has served as lead counsel on numerous lawsuits filed throughout the State of Florida. He has been selected by his colleagues (fellow members of the Florida Bar) as a Florida Superlawyer and a member of Florida's Legal Elite a combined eleven times, and most recently in 2022. Further, Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving claims in excess of $1 Million and $2 Million, respectively. He has served as lead counsel on numerous motorcycle accident lawsuits.

Bryan Hannan brings nineteen years of experience as a motorcycle injury lawyer. He handles cases throughout the State and has successfully litigated numerous motorcycle accident cases and lawsuits. Bryan has earned recognition for a recent seven-figure settlement on a wrongful death lawsuit.

Reach Out To a Motorcycle Accident Attorney For a Free Consultation

We offer a free consultation on all motorcycle cases. We charge no legal fees to discuss your rights and potential motorcycle injury claim prior to hiring us. If you were injured in a motorcycle collision, retaining an experienced local lawyer is vital in recovering compensation from the negligent party.

With offices across both Florida coasts, you can easily reach Dolman Law Group Accident Injury Lawyers, PA, at (727) 451-6900, or you can write to us using our online contact page by clicking the button below.

 

Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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