Fort Lauderdale Motorcycle Accident Lawyer - Templer & Hirsch

No PIP Means the Rules Are Different From the First Day

Florida's no-fault statute requires PIP coverage for motor vehicles with four or more wheels. Motorcycles are excluded. The practical consequences run in both directions. On the negative side, there is no automatic medical coverage after a crash, so your health insurance, any medical payments coverage you purchased, or your own resources carry the bills while the claim develops. On the positive side, because you are outside the no-fault system, you are not required to clear the permanent injury threshold in section 627.737 before pursuing non-economic damages from the at-fault driver. Riders are frequently told the opposite by adjusters, and it is worth knowing which rules actually apply to you.

Where Fort Lauderdale Riders Get Hit

The dominant pattern is the left-turn collision: a driver turning across the rider's path at a signalized intersection, typically claiming not to have seen the motorcycle. US-1 (Federal Highway) and Sunrise Boulevard produce a steady share of these. The A1A beach corridor adds tourist and rental traffic, drivers unfamiliar with the road, and vehicles pulling in and out of angled parking. Lane-change and blind-spot collisions concentrate on the I-95 and I-595 approaches. Road surface hazards matter more for riders than drivers, so construction zones, metal plates, drawbridge grating on the New River and Intracoastal spans, and debris can each convert an ordinary ride into a single-vehicle catastrophic injury with a governmental or contractor defendant.

The Helmet Question and the Bias Problem

Florida allows riders over 21 with at least $10,000 in medical benefits coverage to ride without a helmet. Not wearing one is not negligence per se and does not bar recovery, but an insurer will argue it contributed to head injuries, and Florida's modified comparative negligence rule means any fault assigned to you reduces your recovery and bars it entirely above 50 percent. Separately and more insidiously, jurors and adjusters carry assumptions about riders being reckless. Countering that is concrete work: scene reconstruction, event data where available, helmet camera footage, and establishing the rider's speed and lane position with evidence rather than assertion.

Coverage Is Usually the Real Constraint

Motorcycle injuries are disproportionately severe, and Florida does not require drivers to carry bodily injury liability coverage at all. A rider with a spinal or traumatic brain injury caused by a minimally insured driver may face a claim worth far more than the money available to pay it. Uninsured and underinsured motorist coverage on the rider's own policy, or on a resident relative's policy, frequently becomes the primary recovery source. Reviewing every household policy is standard early work. Suit is filed in the Seventeenth Judicial Circuit at the Broward County Courthouse, 201 SE 6th Street.

Fort Lauderdale Motorcycle Accidents: What to Do

  1. Get medical evaluation immediately even if you walked away, head and internal injuries present late
  2. Photograph the bike, the vehicle, the roadway, sightlines from the driver's position and any debris field
  3. Preserve your helmet, gear and any helmet camera footage exactly as they are
  4. Get witness names, riders are frequently blamed and independent witnesses matter
  5. Check your own policy for uninsured motorist and medical payments coverage before assuming there is none

Fort Lauderdale Motorcycle Accidents: Common Questions

Does my PIP cover me on a motorcycle?
No. Florida PIP applies to motor vehicles with four or more wheels, and motorcycles are excluded. There is no automatic medical coverage after a motorcycle crash. The other side of that is that you are not bound by the no-fault threshold, so you may pursue non-economic damages from the at-fault driver without first proving a permanent injury under section 627.737.
I was not wearing a helmet. Can I still recover?
Yes. Florida permits riders 21 and over carrying at least $10,000 in medical benefits coverage to ride without a helmet, and doing so is not negligence in itself. An insurer will argue it contributed to head injuries, which under comparative negligence can reduce your recovery, and bars it if you are found more than 50 percent at fault. It does not automatically defeat the claim.
The driver says they never saw me. Does that help or hurt?
It generally helps. A driver has a duty to maintain proper lookout, and "I did not see the motorcycle" is an admission of failure to do so rather than a defense, particularly in left-turn collisions where the rider had the right of way. It becomes a question of fact that scene evidence and sightline analysis can resolve.
The at-fault driver had almost no insurance. What now?
This is common, because Florida does not require bodily injury liability coverage. Your own uninsured or underinsured motorist coverage, or coverage under a resident relative's policy, is often the largest available source. We review every policy in the household as a matter of course, because in serious motorcycle cases available coverage rather than case value is usually the binding constraint.