Gainesville Motorcycle Accident Attorney

Many drivers don’t give motorcycle riders the space or respect they deserve on the road. Those who ride motorcycles know the risks of the road, but even with the best preparation and caution, an accident can still occur. If you were injured in a motorcycle accident in Gainesville, Florida, you need someone on your side who understands your situation.

What Does a Motorcycle Accident Lawyer Do?

When you’re involved in a motorcycle accident, a motorcycle accident lawyer can help navigate the legal intricacies of filing an insurance claim. These experienced attorneys have a primary goal: to protect your rights and interests while seeking fair compensation for your losses. They can expertly guide you on how to file a motorcycle accident insurance claim and assist you through the process.

Types of Cases Handled by Motorcycle Accident Lawyers

Motorcycle accident attorneys specialize in representing victims involved in many types of motorcycle-related incidents. Some cases typically handled by these attorneys include:

• Single Motorcycle Accidents
• Collisions with Motor Vehicles
• Lane Splitting Traffic Accidents
• Intersection Accidents
• Distracted Driving Accidents
• Drunk Driving Accidents
• Hit-and-Run Accidents

Motorcycle Crash Statistics in Florida

Between 2019 and 2023, serious injuries among motorcyclists peaked in March and October. These months align with major bike events in the state, such as Bike Week in March and Biketoberfest in October, when increased traffic and heightened excitement can contribute to higher accident rates. 

Additionally, motorcycle fatalities in Florida have more than doubled over the past two decades from 304 deaths in 2003 to 611 in 2023. Although motorcycle accidents represent only 2.2% to 4% of total traffic crashes statewide, their consequences can be disproportionately serious. 

Gainesville and the surrounding areas are no exception when it comes to motorcycle wrecks. The 2024 motorcycle crash report for Alachua County reports there were: 

• 107 total motorcycle crashes
• 4 motorcycle fatalities
• 91 injuries 

One of these accidents sadly happened just a few months ago, in October 2024 when a 50-year-old man riding his motorcycle on US 441 collided with a 56-year-old pick-up truck driver at the intersection of NW 163rd Lane. This tragic loss has rippled through the Gainesville community and reminds us how critical it is to exercise caution on and around motorcycles.    

Where do Motorcycle Accidents Frequently Occur in Gainesville?

With the University of Florida located right here in Gainesville, it’s no surprise that the city experiences heavy traffic from time to time. Whether it’s a college football game or student move-in day, the roads easily become congested as students and residents share the road. Certain roads become more hazardous for motorcyclists, like: 

• Archer Rd. and Newberry Rd. 
• I-75
• 13th St. 
• Areas around the University of Florida

Tragically, on the morning of December 23, 2024, a 31-year-old man from Archer was riding his motorcycle when he collided with a sedan that was pulling out onto Newberry Road from NW 109th Street. The collision claimed the lives of the motorcyclist, the sedan’s driver–a 59-year-old Gainesville woman–and her 90-year-old female passenger.

Every day on our roads, lives can change in an instant. At Fine, Farkash & Parlapiano, we understand that these aren’t just statistics. They’re members of our community, which is why we’re here to help give our neighbors the care and commitment they deserve.  

Common Causes of Motorcycle Accidents in Florida

In Florida, some of the most common causes of motorcycle accidents include:

Left Turn Accidents. 

Left-turn accidents are one of the most common causes of motorcycle crashes. Not only are motorcycles easily missed due to their small size, but drivers also often fail to notice or check for motorcycles coming from the opposite direction. 

Lane Changes.

Accidents frequently happen during lane changes when drivers fail to check their blind spots. Since motorcycles and scooters can hide in these areas, if you can’t see a rider’s eyes, they might not be able to see you either. 

Failure to yield when making left-hand turns in front of oncoming motorcycles. 

Motorcycle accidents caused by failure to yield is one of the most common and dangerous situations for motorcycle riders. When a car turns left, they may not see an oncoming motorcycle, and the motorcycle could strike the car.

Drunk and drugged driving. 

If a drunk or drugged driver strikes a motorcycle, the rider may end up severely injured or killed.

Inattention by other drivers. 

Sometimes, drivers fail to notice a motorcycle. Other times, they don’t take the effort to check the blind spots in their mirrors. When other drivers fail to pay attention to motorcycles, they often injure the rider.

Road hazards.

Due to their size, motorcycles are more susceptible to road hazards than cars and other motor vehicles. When motorcycle riders find themselves on bad roads, it’s easy for an accident to occur. 

Tailgating.

Many drivers don’t leave enough space between themselves and others on the road. A car hitting a motorcycle from behind can cause severe harm or death to the rider.

Common Injuries

Motorcycle accidents can have catastrophic consequences, often resulting in injuries for riders and passengers involved. Common injuries include:

Severe Injuries & Broken Bones

Motorcyclists are at a higher risk of getting hurt because they don’t have protective barriers like cars do. They can easily collide with other vehicles, objects, or the road. These accidents can lead to fractures, dislocations, and severe soft tissue injuries. Serious injuries may require extensive medical treatment, surgeries, and rehabilitation, leading to prolonged recovery periods and disruptions in the victim’s life.

Traumatic Brain Injury & Spinal Cord Injuries

Motorcycle accidents carry a heightened risk of traumatic brain injuries (TBIs) and spinal cord injuries (SCIs). Even when wearing helmets, riders are susceptible to head and neck trauma upon impact. However, in cases of motorcycle accidents with no helmet, the risk of severe head injuries increases significantly.

TBIs can vary from mild concussions to severe brain damage, affecting cognitive abilities, memory, and motor functions. SCIs, on the other hand, can result in partial or complete paralysis. 

Medical Expenses & Bills

The aftermath of a motorcycle accident can lead to overwhelming medical expenses and medical bills. Emergency medical care, hospitalization, surgeries, medications, physical therapy, and other necessary treatments can quickly add up.

Non-Economic Damages & Physical Pain

Motorcycle accident victims may also experience non-economic damages like physical pain and suffering. The emotional toll of recovering from severe injuries and facing the uncertainty of long-term consequences can be devastating. Victims may also experience emotional distress, mental anguish, and a reduced quality of life due to their injuries.

Tips for Protecting Your Rights After a Motorcycle Accident

Acting quickly after a motorcycle accident is important to protect yourself and your claim. Follow these tips to safeguard your rights:

1. Contact emergency medical services.

The moments following an injury are a critical time for medical care. Even if you feel fine after an accident, make sure to get a full examination as soon as possible. Some injuries may not show up for hours or days after an accident. An examination should catch any problems, help you protect your health, and provide essential documents for your claim.

2. Get police on the scene and give them an honest account of what happened.

When you contact emergency services, they will send police to manage the accident and create a report. Don’t apologize or accept blame from anyone else. Give the police the facts of what occurred and don’t speculate on the cause of the accident.

3. Collect the contact information for any witnesses to the accident.

Witnesses may provide key testimony, however they frequently disappear before anyone asks them for their insights. Protect your claim and get their names and numbers so your dedicated attorney can contact them later.

4. Take photographs and video of the accident scene.

Make sure that you capture the entire scene and details such as license plates and damage to the vehicles. Accident scenes can change quickly as bystanders and emergency personnel get involved. Take pictures of the area around the accident, including lighting, signage, and other vital details that can inform the investigation.

5. Don’t make any recorded statements to insurance companies before speaking with a lawyer.

After a motorcycle accident, you may receive calls from insurance adjusters, and they may ask you to make a statement. You may not clearly remember the accident, or you may be dazed while you recover from your injuries. If you make an honest mistake or misspeak, insurance companies may use your statements against you later on.

6. Talk with a motorcycle accident lawyer.

It’s essential to have the right lawyer in your corner from the start after a motorcycle accident. Don’t wait to start your claim. Get help from the experienced personal injury attorneys at Fine, Farkash and Parlapiano, P.A., as soon as possible.

Proving Fault for a Motorcycle Crash in Florida

A motorcycle crash claim requires strong proof if it’s going to succeed. In many cases, it can be straightforward to prove what happened, but in other cases, fault may be difficult to establish. Your lawyer will collect evidence and work to prove you should be compensated for your injuries.

Assessing the Situation

A motorcycle accident lawyer will conduct a thorough investigation to gather all relevant facts and details. This includes accessing road conditions, weather, traffic signals, and other factors that may have contributed to the accident.

Establishing Liability and Negligence

Lawyers prove fault in a motorcycle crash by looking at two things: the law and evidence about the accident. In a motorcycle accident claim, attorneys may use police reports, photographs, witness statements, and other types of evidence. A lawyer will review these for proof of fault and look for inconsistent statements that may point toward liability and negligence.

Identifying Contributing Factors

Motorcycle accidents can involve multiple factors that contribute to the crash. These may include speeding, reckless driving, driving under the influence, distracted driving, or other traffic violations. A motorcycle accident lawyer will work to identify any factors that may have played a role in causing the accident.

Analyzing Blind Spots and Other Hazards

Motorcycles are particularly vulnerable on the road, often hidden in blind spots or overlooked by other drivers. Lawyers will examine the accident’s details to see if there were any blind spots or hazards that caused the crash.

Florida Motorcycle Laws – Motorcycles are Entitled to Full Use of the Road in Florida

In the state of Florida, motorcycles have the same rights and privileges as any other vehicle on the road. They are entitled to full use of the road, and other motorists must treat them with the same respect and courtesy.

Florida’s No-Fault Insurance Law Does Not Apply to Motorcycle Accidents

Is motorcycle accident law the same as a car accident law? In Florida, there are significant differences between the two. The no-fault insurance system governs car accidents, but it does not cover motorcycle accidents. Motorcyclists must pursue compensation directly from the insurance of the at-fault party. 

Are Motorcycles Required to Use Daytime Headlights in Florida?

Florida law requires motorcycles to use their headlights during daytime hours. In a motorcycle accident, a civil case won’t deem the absence of headlight usage as evidence of negligence. If the lack of a headlight is the direct cause of the crash, a civil case may see them as negligent.

Are Motorcycles Required to Have Insurance? 

No, Florida does not require motorcycles to have insurance, but it’s still highly recommended. For riders 21 and older who don’t wear a helmet, Florida requires a minimum of $10,000 in medical benefits protection, which can come from a health insurance plan instead of a motorcycle policy. 

Keep in mind, you can’t have Personal Injury Protection (PIP) insurance for a scooter with 50CC or higher or a motorcycle, nor can you get uninsured motorist coverage for yourself unless it’s part of a “stacked” policy that includes other vehicles.  

How Insurance Companies Handle Motorcycle Claims

Unfortunately, insurance companies try to minimize payouts for Gainesville motorcycle accidents by making baseless claims, such as suggesting that the motorcyclist was lane splitting or speeding when that wasn’t the case. From the start, motorcyclists face challenges with accident claims as they are often perceived as reckless, especially if they’re not wearing a helmet.  

To ensure you get the compensation you deserve, it’s important for injured riders to have an experienced personal injury attorney by their side who can gather the real facts of the case and challenge the insurance company’s tactics. 

How Are Motorcycle Cases Handled in Gainesville Courts?

In Gainesville, motorcycle accident cases are treated as personal injury claims and handled in the Alachua County court system. During a trial, courtrooms will look at accident reports, witness statements, and expert reconstructions to understand exactly what happened. 

Many cases are resolved through negotiations with insurance companies before reaching the courtroom, or they may be able to go through Alachua County’s small claims court if the damage is minor and worth under $8,000. However, if a trial is necessary, we’re here to make sure every detail of your case is represented and that you get the support you need throughout the process.   

Deadline for Filing an Accident Lawsuit in Florida

In Florida, motorcycle accident injury victims have two years from the accident to file a lawsuit. This suit can cover both personal injuries and any property losses. If a motorcycle rider passes away due to the injuries they received in an accident, a representative of their estate may file a wrongful death suit within two years of the day they died.

Compensation for Losses in a Florida Motorcycle Accident Case

In Florida, there are many types of compensation available after a motorcycle accident. Some of these include:

• Medical bills
• Property damage
• Lost wages
• Pain and suffering
• Punitive damages

A motorcycle accident attorney can advocate on your behalf and help you pursue a comprehensive claim. This claim will address all the damages you have suffered as a result of the motorcycle accident.

Meet Our Gainesville Car Accident Attorneys

At Fine, Farkash & Parlapiano, P.A., we’re committed to helping our Gainesville neighbors get the support and representation they deserve. Here’s the team that has your back: 

• Jack Fine brings almost 50 years of legal experience to the table. He began as a public defender and also taught trial practice at the University of Florida’s Levin College of Law.   
• Cherie Hoch Fine has over 43 years in the legal field, and she has also led as the president of the local bar association. 
• Julie Aleve Fine was a state attorney for 12 years and now serves on the board of the Florida Justice Association. 

Our practice in Gainesville is built on real connections and reflects the trust our community places in our work. Not only will you get a knowledgeable and experienced motorcycle accident attorney by your side, but you’ll also get a trusted ally and friend.  

Contact Our Gainesville Motorcycle Accident Lawyers Today

If you or someone you know was injured in a motorcycle accident in Alachua County, reach out to us for a free case review. Our Gainesville motorcycle accident attorneys are here to help. We will listen to you, evaluate your case, and offer guidance and support during this difficult time.

FAQs: 

Can I Collect Damages if I was a Passenger on a Motorcycle During an Accident?

If you were a passenger on a motorcycle involved in an accident, you may be eligible for compensation. This compensation could cover any injuries or losses that you experienced. In motorcycle accidents, passengers are often innocent parties who suffer the consequences of another’s negligence. You have the right to seek compensation, regardless if the motorcycle operator or another driver’s actions caused the accident.

My Spouse Died in a Motorcycle Accident. Can I Still Get Compensation?

Yes, you may be eligible for compensation through a wrongful death claim under the Florida Wrongful Death Act. This can help recover losses such as lost companionship, funeral costs, medical expenses related to your spouse’s final injury, and lost income. You must file your claim within two years of your loved one’s death.