May is Motorcycle Safety Awareness Month
Florida has more motorcyclists than ever. In 2023, a record-high 668,046 motorcycles were registered in Florida, the second most of any state in the country, according to the Insurance Institute of Highway Safety (IIHS). That’s a 178 percent increase compared to 2002, when there were just 239,917 registered motorcycles in Florida.
Unfortunately, the number of motorcycles on the road in Florida isn’t the only thing that’s gone up. So has the number of motorcycle accidents and fatalities. In 2002, there were 5,972 motorcycle accidents and 319 fatalities. By 2023, those numbers had skyrocketed to 9,548 motorcycle crashes and 621 deaths, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
Florida drivers have a legal duty to share the road
Under Florida traffic laws, motorcyclists have the same legal rights as drivers of any other vehicle. Specifically, several Florida laws clearly explain that motorcyclists have the right to use the road and drivers need to respect these rights. These laws include:
FLORIDA STATUTES § 316.208
"Any person operating a motorcycle or moped shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter and except as to those provisions of this chapter which by their nature can have no application."
This law means that motorcyclists have the same rights and responsibilities as other drivers in Florida.
FLORIDA STATUTES § 316.209
"All motorcycles are entitled to full use of a lane, and no motor vehicle shall be driven in such manner as to deprive any motorcycle of the full use of a lane."
What rights do motorcyclists have in Florida?
The Florida laws listed above and many others outline the rules drivers must respect when sharing the road with motorcyclists. If you ride a motorcycle in Florida, these rights include:
- Full use of the lane you’re riding in.
- Drivers must yield the right of way when required by law.
- Motorcycles cannot be treated as “less visible” or “less important” in traffic.
When drivers violate these rules, they must be held accountable for their actions and for any harm they cause.
Common Causes of Motorcycle Accidents
Motorcycle accidents caused by other drivers occur for many different reasons, including:
- Left-turn collisions – Drivers often misjudge a motorcyclist’s distance or speed and make a left turn across the rider’s path. These crashes are extremely dangerous and often cause serious motorcycle injuries or fatalities.
- Lane-change accidents – Without signaling or checking blind spots, some drivers veer into the next lane and sideswipe a motorcycle occupying that space. These collisions often happen on highways or in heavy traffic and can force riders into adjacent vehicles or off the road entirely.
- Dooring accidents – Drivers or passengers sometimes swing open a door into traffic without checking for motorcycles. Riders can be thrown from their bike or forced to swerve into another lane, resulting in a serious motorcycle accident.
- Merging without looking – Drivers who enter traffic without checking their mirrors can easily miss motorcycles. Because bikes are smaller than cars, they’re often missed in quick glances. These situations frequently result in sideswipes or force motorcyclists to make potentially dangerous evasive maneuvers.
- Driving into intersections without stopping – Intersections can be high-risk areas for riders. Drivers who run a red light or don’t stop at a stop sign can cause a serious motorcycle crash, including broadside or head-on motorcycle collisions.
In each case, the result is often the same – a devastating crash that leaves a motorcyclist seriously injured, facing hospital bills, lost income, and months of recovery. If you’ve been hurt in a crash caused by a driver who didn’t respect your rights on the road, you deserve answers — and financial compensation for what you’re going through.
Is lane splitting allowed in Florida?
Lane splitting — riding a motorcycle between lanes of slow or stopped traffic — is a common practice in some states. In Florida, lane splitting is against the law.
Under Florida Statutes § 316.209, motorcyclists are not allowed to operate between rows of vehicles or travel between lanes. While this law is aimed at reducing congestion-related risk, it’s important to understand what it doesn’t mean:
- It doesn’t mean that you, as a rider, caused your crash.
- It doesn’t give the driver or their insurance company a free pass to deny your injury claim.
Even if lane positioning is debated, the core legal question remains: Did the driver act negligently and cause your injuries? If the answer is yes, you have the right to pursue full compensation for your financial losses, regardless of how insurance companies try to spin it.
Who pays for motorcycle accident injuries in Florida?
If you were hurt in a crash caused by a reckless driver who didn’t share the road, that driver and their insurance company are responsible for paying for your accident-related expenses. However, it’s a bit more complicated than that due to Florida’s complex insurance system.
First, it’s important to understand that Florida’s no-fault PIP laws do not apply to motorcyclists. Instead, motorcyclists injured in accidents caused by other drivers must often seek financial compensation from one of the following sources:
- The at-fault driver’s bodily injury liability coverage.
- Your own uninsured/underinsured motorist coverage (if applicable).
- A civil lawsuit filed against the at-fault driver.
Every motorcycle accident case is different. Depending on the circumstances of your crash, you may be able to seek financial compensation for your accident-related expenses from other sources. That’s why it’s so important to talk with an experienced motorcycle accident lawyer right away.
What if the motorcyclist is partially at fault?
Sometimes, a motorcyclist shares some of the blame for causing a collision involving a driver. Does that mean the injured rider cannot be compensated for their financial losses due to their actions? No.
Even if a motorcyclist is partially to blame for causing a collision, they can still pursue compensation. This is thanks to Florida’s comparative fault rule. Specifically, motorcyclists are entitled to compensation even if they were partially responsible.
Under Florida Statutes § 768.81, you can still recover damages (the legal term for your financial losses) as long as you were 50 percent or less at fault for the crash. However, your total compensation may be reduced based on your assigned percentage of fault. For example:
- If your accident expenses total $100,000 and you’re found to be 20% at fault, you would receive $80,000.
- If you're found more than 50% at fault, you would not be able to recover any financial compensation.
What expenses are covered after a motorcycle crash in Florida?
Ideally, every accident-related expense should be covered and paid for after your motorcycle crash. Such expenses can cover a wide range, including money for:
- Emergency medical care
- Hospital bills
- Surgery, rehabilitation, and physical therapy
- Prescription medication and medical devices
- Damage to your motorcycle and riding gear
- Lost income from missed work
- Loss of future earning potential
- Pain and suffering
- Emotional distress
Expenses can add up fast after a motorcycle accident, and because riders often suffer broken bones, head trauma, road rash, or spinal injuries, those costs are rarely short-term. In serious cases, you may also need compensation for long-term medical care and future replacement income.
Remember — you didn’t choose to get hit and injured, so you shouldn’t have to pay for someone else’s mistake. A Tampa motorcycle accident lawyer can help you calculate the full cost of your losses, not just your ER visit, but the full, long-term impact of your crash on your life.
Armando Can Protect your rights after A motorcycle Accident
Navigating the aftermath of a serious motorcycle accident can be overwhelming, but you don’t have to go through it alone.
At Armando Personal Injury Law, we represent injured riders in Tampa and throughout Florida. We understand what you’re going through, and we know how to push back when insurance companies try to minimize what you deserve. Our case results speak for themselves, including $100,000 for an injured motorcyclist.
Make your case matter. Contact us and schedule a free consultation with a Tampa motorcycle accident attorney you can trust to fight for your rights. We handle cases involving motorcycle accidents throughout Florida, and you don't pay a dime unless we win.
“Armando is amazing! I trusted him with helping with the insurance company after my car accident. Would recommend him to anyone.” – Lina M., ⭐⭐⭐⭐⭐