Motorcycle Accident Lawyer

Riders face bias and serious injuries. We fight that bias and pursue the full compensation you deserve after a crash.

Motorcycle riders in South Florida face a hard reality: when a crash happens, insurance companies are quick to blame the rider — often before the facts are known. Bias against motorcyclists is real, and adjusters count on it to minimize or deny legitimate claims. You need an attorney who will push back.

Eric A. Hernandez is a former Assistant U.S. Attorney for the Southern District of Florida with more than 25 years of trial experience. He knows how insurers try to shift blame onto riders, and he builds cases that expose the truth.

Call us at (305) 842-2100 for a free consultation. We serve riders throughout Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and all of Broward County. You pay no fee unless we win.

Common Causes of Motorcycle Accidents in Florida

Most motorcycle crashes come down to another driver’s failure to pay attention or follow the rules of the road:

Failure to see the rider. “I didn’t see the motorcycle” is the most common excuse — and one of the most preventable. Drivers are responsible for looking before changing lanes, turning, or pulling out from a side street.
Left-turn collisions. A car turning left in front of an oncoming motorcycle is one of the most dangerous and common crash scenarios. The driver misjudges the rider’s speed or simply does not look.
Unsafe lane changes. Drivers who do not check their blind spots before merging can cut off or sideswipe a motorcyclist with little warning.
Rear-end collisions. A driver following too closely — or distracted by a phone — may not stop in time, striking the rear of a motorcycle with potentially fatal force.
Road hazards. Potholes, gravel, oil slicks, and uneven pavement that a car absorbs without incident can throw a rider completely off course.
Speeding and aggressive driving. Excessive speed leaves another driver no time to react when a motorcycle is in the path, and sharply increases injury severity.
Drunk or impaired driving. Impaired drivers have slowed reaction times and poor judgment — a deadly combination for the motorcyclists sharing the road with them.

Common Injuries in Motorcycle Accidents

Because motorcycles offer no surrounding frame or airbags, riders absorb the full force of impact. Injuries are often serious and long-lasting:

Road rash. When a rider slides across pavement, friction causes deep abrasions that can damage muscle and nerve tissue and leave permanent scars.
Traumatic brain injury (TBI). Head injuries — from concussions to severe TBIs — can affect memory, speech, and the ability to work.
Broken bones. Wrists, arms, collarbones, ankles, and legs are especially vulnerable. Multiple fractures requiring surgery are common.
Spinal cord injuries. Damage to the spine can cause chronic pain, limited mobility, or paralysis.
Permanent scarring and disfigurement. Road rash, burns, and lacerations leave lasting scars that affect a rider’s quality of life.

What to Do After a Motorcycle Accident in Florida

Step 1 — Call 911. Get police and emergency services to the scene. A police report documents the facts before memories change.

Step 2 — Seek medical attention immediately. Even if you feel fine, get evaluated. Adrenaline can mask pain, and some injuries — including TBIs — may take days or weeks to appear. Your medical records become foundational evidence.

Step 3 — Document the scene. Photograph your motorcycle, the other vehicle, the road, your injuries, skid marks, and any debris. Get the names and contact information of any witnesses.

Step 4 — Do not apologize or accept blame. Even a casual “I’m sorry” at the scene can be used against you later. Stick to the facts when speaking with police.

Step 5 — Do not give a recorded statement to the other driver’s insurer. Their adjuster is not on your side. Refer all insurer contact to your attorney.

Step 6 — Contact HLM Injury Lawyers. Call (305) 842-2100 as soon as possible. Early investigation locks in the evidence before it disappears and before the insurer builds a narrative blaming you.

Florida Law and Motorcycle Accident Claims

No Personal Injury Protection (PIP) for motorcycles. Florida’s Personal Injury Protection (PIP) no-fault system does not apply to motorcycles. Riders do not have automatic PIP coverage. Your recovery depends on pursuing the at-fault driver’s liability coverage — or your own uninsured/underinsured motorist (UM/UIM) coverage.

UM/UIM coverage matters. Florida does not require drivers to carry bodily injury liability insurance. If the at-fault driver is uninsured, your own UM/UIM policy may be your primary source of recovery. Eric will identify every coverage source available to you.

Modified comparative negligence. Florida follows a modified comparative negligence rule. If you are found 51% or more at fault, you cannot recover. Below that — including at exactly 50% fault — you can still recover, with your damages reduced by your percentage of fault. Because insurers routinely try to pin blame on riders, an experienced attorney fighting these claims is essential.

Lane splitting. Lane splitting — riding between lanes of stopped or slow-moving traffic — is not legal in Florida. If you were lane splitting at the time of the crash, the other driver’s insurer will use that to argue you were at fault. Eric can evaluate how this affects your specific situation.

Florida’s 2-Year Deadline — Do Not Wait

Florida law gives you two years from the date of a motorcycle accident to file a negligence lawsuit, under HB 837 — the 2023 tort reform law that cut the deadline from the prior four-year period. Miss it and you almost certainly lose your right to any compensation.

Evidence — surveillance footage, witness memories, accident scene data — fades quickly. The sooner you contact an attorney, the more complete your case can be. Call HLM Injury Lawyers at (305) 842-2100 today. The consultation is free, and you pay nothing unless we win.

Why Hire Eric Hernandez for Your Motorcycle Accident Case

Former federal prosecutor. Eric A. Hernandez served as an Assistant U.S. Attorney for the Southern District of Florida — he knows how to counter insurer tactics and build cases that hold up under scrutiny.
Judicial clerkship at the highest level. Eric clerked for Chief Justice Charles T. Wells of the Florida Supreme Court, giving him rare insight into how courts evaluate injury claims.
25+ years of trial experience. When an insurer refuses to offer fair compensation, Eric is ready to take your case to trial — and that readiness pushes insurers to negotiate seriously from the start.
Admitted to the U.S. Supreme Court Bar. A credential earned by a small share of practicing attorneys.
Bilingual — English and Spanish. If Spanish is your preferred language, Eric will communicate with you directly and comfortably.

Frequently Asked Questions

Does not wearing a helmet affect my motorcycle accident case?

Florida allows riders over 21 to ride without a helmet if they carry at least $10,000 in medical insurance coverage. If you were not wearing a helmet and suffered a head injury, the other side may argue your injuries were worsened — which can reduce your recovery. It does not automatically bar your claim. Eric will assess the specific facts.

What if the other driver says they did not see me?

“I didn’t see the motorcycle” is not a legal defense — it is an admission that the driver was not paying adequate attention. Drivers have a duty to look carefully before turning, changing lanes, or pulling out. Eric uses this admission, along with the evidence, to establish clear liability on the other driver.

Can I still recover if I was speeding at the time of the crash?

Possibly. Under Florida’s modified comparative negligence rule, your damages are reduced by your percentage of fault. If the other driver’s negligence was the primary cause, you can still recover as long as you are not found 51% or more at fault.

How is a motorcycle accident case different from a car accident case?

PIP no-fault coverage does not apply to motorcycles. Insurers frequently assume rider fault without evidence, and injuries tend to be more severe — all factors that make experienced legal representation especially important.

What damages can I recover after a motorcycle accident?

Recoverable damages may include medical expenses (past and future), lost wages, pain and suffering, permanent scarring or disfigurement, and loss of enjoyment of life.

How long do I have to file a motorcycle accident lawsuit in Florida?

Two years from the date of the accident. This deadline is strict. Do not wait to speak with an attorney — evidence disappears and the clock keeps running.

Contact HLM Injury Lawyers — Free Consultation

You deserve a lawyer who will stand in your corner — not one who backs down when an insurer points a finger at you. Eric A. Hernandez has the experience, the credentials, and the commitment to fight for the compensation you deserve. Call HLM Injury Lawyers at (305) 842-2100 or visit 3301 N. University Dr., Suite 100, Coral Springs, FL 33065. Consultations are free, and you pay no fee unless we win.