What Is the Average Motorcycle Accident Settlement?

A Tampa motorcycle accident lawyer explains how compensation works for injury victims

Thousands of motorcyclists are involved in motorcycle accidents every year in Florida. On average, 8,924 motorcycle accidents resulted in 7,665 injuries and 585 fatalities each year between 2018 and 2023 in Florida, according to the most recent motorcycle accident data collected by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). In addition, those numbers have only been going up in recent years. In 2023, a record 9,543 motorcycle accidents occurred in Florida, resulting in 8,182 injuries and 630 fatalities.

After a serious motorcycle accident, injury victims in Florida should be financially compensated for their expenses. But how does the process work? What motorcycle accident expenses can injury victims expect to be paid for? And what is the average motorcycle accident settlement? A Tampa motorcycle accident attorney at Armando Personal Injury Law explains what to know and how the compensation system works for injury victims.

What is a motorcycle accident settlement?

When someone gets hurt in a motorcycle accident, insurance companies often pay injury victims a single lump sum payment designed to cover all accident expenses. This single payment is called a settlement.

What many people might not realize is once they accept a settlement offer for their motorcycle accident, they cannot ask for any additional money in the future, even if their accident-related expenses increase.

This is why motorcycle accident injury victims should carefully consider whether to accept a settlement offer. Otherwise, they could end up having to pay for unexpected expenses out of their own pocket in the future.

What types of compensation can I receive after a motorcycle accident?

Motorcycle accident victims may recover compensation for all financial losses and emotional distress caused by their injuries. The types of compensation available depend on the specifics of your case but often includes money for the following:

Medical expenses: Covers emergency care, surgeries, physical therapy, and future medical needs.
Lost wages: Provides reimbursement for income lost due to injuries and reduced earning capacity in the future.
Property damage: Pays for the repair or replacement of your motorcycle and any personal items damaged in the crash.
Pain and suffering: Compensates for physical pain, emotional trauma, and loss of quality of life.

How is compensation calculated after a motorcycle accident in Florida?

Compensation is often calculated based on the unique details of your motorcycle accident, including the severity of your injuries and all financial losses. Ideally, you should be compensated for all accident-related expenses and losses, including future anticipated expenses.

In general, how much money you will receive is based primarily on the following types of expenses and legal principles:

Economic damages: Compensation for direct financial losses, including medical bills, lost wages, property damage, and future anticipated costs like ongoing medical treatment or reduced earning capacity due to your accident.
Non-economic damages: Indirect financial costs that don’t have a specific dollar amount but are just as real. Common examples of non-economic damages include pain and suffering, emotional distress and loss of enjoyment of life due to motorcycle accident injuries.
Comparative negligence rule: If you’re partially at fault for causing your Florida motorcycle accident, your compensation will be reduced by your percentage of fault.

How does comparative negligence impact a motorcycle accident settlement in Florida?

Florida’s car insurance system is based on two important principles. First, it’s a no-fault insurance state, which means injury victims can receive compensation regardless of who’s at fault. Second, it’s also a comparative negligence state.

Comparative negligence adjusts motorcycle accident settlements based on each party’s percentage of fault. If a victim is partially at fault for causing the accident, their total compensation will be reduced by the percentage of fault assigned to them.

Florida's House Bill 837, also known as the Florida Tort Reform Bill of 2023, changed the state's comparative negligence laws from pure comparative negligence to modified comparative negligence. This means that a plaintiff can only recover damages if they are less than 51% at fault for an accident.

Some points to consider:

Example of comparative negligence: If your total damages (financial losses) are $100,000 and you are found 20% at fault for causing your motorcycle accident, your settlement amount would be reduced by 20%, leaving you with $80,000.
Determining fault: Insurance companies, lawyers, and sometimes courts assess fault based on evidence such as police reports, witness statements and accident reconstruction. Make sure you are part of these important conversations. Hire a lawyer.
Challenging fault assignments: Insurance companies often try to exaggerate your fault to reduce payouts. An experienced motorcycle accident lawyer can help dispute unfair fault assessments and demand the maximum financial compensation you deserve.
Impact on compensation: Even a small percentage of fault can significantly reduce your motorcycle accident settlement, making it critical to present strong evidence and legal arguments to minimize your share of liability.

Understanding and addressing comparative negligence is key to maximizing your motorcycle accident settlement. Working with a Florida motorcycle accident lawyer can help protect your rights and give your settlement the best opportunity for success.

Can I still recover compensation if I wasn’t wearing a helmet?

Not wearing a helmet doesn’t prevent you from recovering compensation, but it can impact the amount you receive. Florida law allows riders over 21 with adequate insurance to ride without a helmet, but insurers may argue this contributed to your injuries.

Helmet laws: Florida law doesn’t mandate helmets for adults with $10,000 in medical insurance coverage.
Impact on compensation: If your injuries could have been mitigated by wearing a helmet, insurers may reduce your payout.
Legal support: A knowledgeable lawyer can argue that the other driver’s negligence, not your lack of a helmet, caused the accident.

Can motorcycle accident injury victims ask for more money?

Yes. Just because you receive a settlement offer for your motorcycle accident does not mean you have to accept it. Motorcycle accident injury victims can ask for more money beyond an initial settlement offer, especially if that offer does not cover all their accident-related expenses.

When negotiating a better settlement offer – often with the at-fault driver’s insurance company – your lawyer will often take the following steps in order to demand more money:

Gather evidence for higher compensation: Your attorney will provide additional documentation, such as medical records, expert opinions, and evidence of long-term financial impact, to strengthen your case for a higher amount.
Consider future expenses: Your settlement should take into account all future costs, including ongoing medical treatments, rehabilitation and reduced earning capacity. If these expenses and anticipated financial losses aren’t taken into consideration, your settlement offer should be negotiated and increased.

However, it’s important to remember – once you accept a motorcycle accident settlement offer, that’s it. Your case is settled. That means you cannot ask for more money in the future, even if your expenses unexpectedly increase dramatically months or years later. So before you agree to accept a settlement offer, carefully consider whether that offer will be enough money to pay for all your anticipated expenses, now and in the future.

How long does it take to settle a motorcycle accident claim?

The time it takes to resolve a motorcycle accident claim often depends on the case’s complexity and the severity of the injuries. Some claims are resolved quickly, while others require extensive negotiations or legal action.

Simple claims: Minor injuries and clear liability cases can often be settled within a few months.
Complex cases: Claims involving severe injuries or disputes over fault may take over a year, especially if litigation is necessary.

Again, every case is different. Don’t make assumptions about how long it will take to resolve your case on your terms. Talk to a motorcycle accident lawyer to learn more about your legal options and to get a better sense of the timeline for your particular case.

What is the average motorcycle accident settlement in Florida?

We hear this question a lot from motorcycle accident injury victims in Tampa and throughout Florida. Each time, we regularly tell injury victims to be cautious if anyone tells them how much money they can expect to receive based on an average settlement amount.

One figure that often gets mentioned is in the $50,000 to $200,000 range as the average motorcycle accident settlement amount in Florida. However, such figures can vary widely from one accident to another based on many different factors.

For example, one motorcycle accident collision might be worth thousands of dollars. Nearly the exact same type of accident could be worth millions. This is why it’s important to meet with an experienced Florida motorcycle accident attorney as soon as possible.

Should I accept my motorcycle accident settlement offer?

Deciding whether to accept a motorcycle accident settlement offer depends on whether the amount fully compensates you for your losses. What might seem like a great offer at first may not actually cover all your expenses, especially future anticipated ones.

Insurance companies often start with low settlement offers. So before you make a decision, it’s important to carefully evaluate any offer. Some of the best ways to judge a settlement offer include:

Evaluating all damages: Consider whether the settlement covers all current and future damages, the legal term for money awarded for financial losses. Common damages awarded after a motorcycle accident often include money for medical expenses, lost wages, pain and suffering and property damage.
Considering long-term costs: If your injuries require ongoing medical treatment, physical therapy, or result in a permanent disability, make sure your settlement takes into account all of these future expenses.
Reviewing the evidence: Assess whether the offer reflects the strength of your case, including the available evidence proving the at-fault party’s negligence. If you didn’t do anything wrong, you shouldn’t have to pay for any of your accident expenses.
Avoiding quick offers: Insurance companies often make quick settlement offers that don’t even come close to covering all accident expenses. They do this because they’re hoping you will accept their first offer so they don’t have to pay you any additional money in the future for ongoing expenses.
Talking to a lawyer: An experienced Tampa motorcycle accident attorney can evaluate your settlement offer, estimate the true value of your claim and advise you on what to do, including negotiating a higher settlement offer on your behalf.

Should I file a motorcycle accident lawsuit?

Sometimes, the best way to get the money you deserve is to take legal action and file a motorcycle accident lawsuit. This approach can be an effective way to recover compensation, especially if settlement negotiations fail to produce an agreement between yourself and the at-fault party.

For example, if an insurance company makes an unfair or low settlement offer or denies your claim, filing a lawsuit may be the best way to obtain the compensation you deserve to pay for all motorcycle accident-related expenses.

Just keep in mind that you only have a limited amount of time to file a motorcycle accident in Florida. The deadline (known as the statute of limitations) is two years from the date of the accident. If you miss this deadline, you could miss out on your opportunity to get the money you rightfully deserve.

How can a Tampa motorcycle accident attorney help me?

Motorcycle accidents in Florida often quickly turn into complicated legal cases. Even if you did nothing wrong and the driver who caused your accident was 100% at fault, don’t be surprised if you have a hard time getting all the money you need to pay for your motorcycle accident.

Tampa motorcycle accident attorney Armando Edmiston and our entire legal team can work with you to make sure your rights are respected. We have years of experience handling complicated motorcycle accident claims and lawsuits in Tampa and throughout Florida.

Don’t take chances with your future. Take action. Contact us and schedule a free case evaluation with a Florida motorcycle accident lawyer you can trust. We can answer your questions, explain your options and get right to work on your motorcycle accident injury claim or lawsuit.

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