Sarasota Motorcycle Accidents

Sarasota Motorcycle Accident Lawyers

Florida’s year-round beautiful weather makes it extremely popular among motorcycle riders. For those who ride here, one of life’s greatest pleasures is to hop on a motorcycle and ride the Florida coastline. Yet being involved in a motorcycle accident could also be listed as one of life’s most unfortunate experiences.

Any accidents, while you are riding a motorcycle, are extremely dangerous because there is little to no protection for the rider. Even with proper protective gear, the outcome of a motorcycle accident is usually serious injuries or fatalities. Adding insult to injury, Florida does not require medical payment insurance for motorcycle owners/riders, so paying for medical care after your accident can be very difficult. 

With more than 26 years of experience representing injured motorcyclists, Sarasota motorcycle accident lawyer Greg Linehan understands the unique challenges riders face after a crash. Below is a list of frequently asked questions about motorcycles and motorcycle accidents.

Contact us today at 941-559-4529 to discuss your case and learn how we can help you.

Our Experienced Motorcycle Attorneys Can Help

If you or a loved one suffered serious injury or death in a motorcycle accident due to another driver’s negligence or wrongdoing, you may be eligible to recover your losses and damages. 

Our experienced and qualified staff can help you to file a motorcycle accident lawsuit to seek compensation for your damages and losses including property damages, lost wages, past medical care, future medical care, future loss of income, pain and suffering, disfigurement, traumatic brain injuries, funeral costs, emotional trauma, mental anguish, grief, relationship losses and more.

While another driver’s negligence is typically the cause of motorcycle accidents, others may be culpable in these tragic situations. Some common examples of other negligent acts are failure to properly maintain the road, poor lighting, obstruction of road signs, etc. In addition, if a motorcycle accident was the result of a defective auto or cycle part, the manufacturers or repair personnel may also be held liable.

It is important to know that motorcycle accident claims are subject to a statute of limitations. These statutes limit the amount of time that a person has to file a personal injury claim. Greg Linehan Law has represented many bikers and their families in the Sarasota, Florida, area.

Motorcycle Accident Frequently Asked Questions

What are the motorcycle licensing requirements in Florida?

In Florida, you must have a motorcycle endorsement on your driver’s license to ride a motorcycle. Florida also offers a motorcycle-only license. To get a motorcycle endorsement, riders must be at least 16, and those under 18, must have no traffic convictions for one year. Riders must have at least a regular class E driver’s license and must complete the Basic Rider Course.

What laws apply to motorcycles on roadways designated for traffic?

Motorcycle riders are subject to the same laws as automobile drivers. Motorcycles have the right to full use of a lane, yet two can travel two abreast in a single lane. Motorcycles cannot pass vehicles in the same lane as the vehicle, nor are they permitted to ride between lanes of traffic or adjacent rows of vehicles, which is commonly referred to as lane splitting. Check out our blog on Motorcycle Riding Laws in Florida.

Can motorcyclists wear headphones while they ride?

Florida law, prohibits motorists from operating a vehicle while wearing a headset, headphones, or other listening device, except for a hearing aid. However, motorists may use a headset in conjunction with a cellphone or other device as long as it only provides sound through one ear, keeping the other ear open to other sounds of traffic. As a motorcyclist, keeping your ears on the road can be as important as keeping your eyes on it.

What should you do after being involved in a motorcycle accident in Sarasota, Florida?

The most important thing to remember is to remain calm and take immediate steps to protect your safety, your health, and your legal rights:

• Move to safety. If possible, move yourself and your motorcycle out of the roadway to prevent further injury or damage.
• Call 911. Report the accident to law enforcement right away. In Sarasota, either the Sarasota Police Department or the Florida Highway Patrol may respond, depending on the accident location.
• Seek medical care immediately. Even if your injuries seem minor, adrenaline can mask pain, and some injuries, such as concussions, internal bleeding, or soft tissue damage, may not be obvious at first.
• Document everything. After you or the injured party stabilizes, file a detailed police report and exchange contact, driver’s license, and insurance information with the other party.
• Gather evidence. Take photos and videos of the accident scene, vehicle damage, skid marks, road conditions, and visible injuries. Collect names and contact details of witnesses. Make quick notes about what happened while your memory is fresh.
• Avoid making statements about fault. Stick to the facts when speaking to police, the other driver, or insurance representatives. Do not admit blame.

Once you have taken these steps, contact a motorcycle accident lawyer in Sarasota immediately, who can protect you from insurance company tactics, gather additional evidence, and help you file your claim within the legal time limits.

When should I seek medical attention?

See a healthcare professional after any accident, even if you don’t believe you’ve suffered injuries. Some injuries may not reveal themselves for days, weeks, or even years after an accident, and it is important to recognize the extent of your injuries to be sure there will be no long-term complications. Additionally, should your case be challenged, medical records will be very helpful in getting the help you need.

Should you file a motorcycle accident personal injury claim in Florida?

Filing a claim depends on whether the at-fault party’s insurance company offers fair compensation for your injuries and losses. If they refuse to cover your medical bills, lost wages, property damage, and pain and suffering, a personal injury claim may be necessary to secure the recovery you deserve.

Florida law excludes motorcycles from the state’s “no-fault” Personal Injury Protection (PIP) insurance system. This means motorcyclists do not receive the PIP benefits that other drivers may rely on after a crash. Instead, injured riders must seek compensation directly from the at-fault party, which requires proving that the other driver’s negligence caused the accident and resulting injuries.

Before filing, gather all documentation that supports your case:

If the insurer will not negotiate in good faith, a motorcycle accident lawyer in Sarasota can evaluate whether to file directly with the insurance company, negotiate for a settlement, or proceed with a lawsuit.

How long will it take for a lawsuit to be settled?

The insurance provider’s job is to pay out as little as possible, and one of their greatest tactics is to delay. Without an experienced motorcycle lawyer in Sarasota, FL, to help prod them along, settlements can take quite a long time, and lawsuits can take longer. While each accident is different and has its own timeline, rest assured that your case will go more quickly and you are more likely to get higher compensation if you have a good attorney.

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

Florida law allows up to two years from the accident date to file a personal injury lawsuit. This deadline applies to motorcycle accident cases involving injuries caused by another party’s negligence. However, the earlier your case begins, the more likely it is to recover the compensation you deserve.

It is important not to wait until the deadline approaches because evidence can disappear, witnesses may be harder to locate, and delaying can weaken your case. Contacting a Sarasota motorcycle accident attorney as soon as possible preserves your rights and gives you time to file your claim promptly.

Can I still recover compensation if I was partially at fault for the motorcycle accident?

Yes. Florida follows a modified comparative negligence rule. You can recover damages if you are 50% or less at fault for the accident. The court or insurer will reduce your compensation by the percentage of your fault.

For example, if you were found 20% responsible and your damages total $100,000, you could still recover $80,000. Determining fault often involves complex analysis of accident reports, witness testimony, and expert accident reconstruction, so having legal representation can help counter unfair attempts to minimize your fault percentage.

What if I wasn’t wearing a helmet during the crash?

Florida allows riders over 21 to ride without a helmet if they have at least $10,000 in medical benefits coverage. However, not wearing a helmet can affect your claim, especially if you suffered head, neck, or facial injuries. Insurance companies may argue that your injuries would have been less severe if you had worn a helmet, potentially reducing your compensation.

You can still pursue a claim even if you weren’t wearing a helmet. Your Sarasota motorcycle accident lawyer can present medical evidence and expert testimony to show that your injuries were caused primarily by the other party’s negligence.

What if road conditions contributed to my motorcycle crash?

Hazardous road conditions, such as potholes, uneven pavement, poor lighting, inadequate signage, or debris, can significantly contribute to motorcycle accidents. If a government agency or private contractor was responsible for maintaining the road, they could be held liable.

Claims against government entities in Florida have shorter deadlines and special notice requirements. Prompt investigation is crucial because road hazards can be repaired quickly, eliminating evidence. Take photographs as soon as possible and report the hazard to the appropriate authority.

Can passengers on motorcycles file claims, too?

Yes. Passengers have the same right to compensation as motorcycle operators. Depending on the circumstances, you may file a claim against:

• The at-fault driver of another vehicle;
• The motorcycle operator, if their negligence caused the crash; or
• A third party, such as a parts manufacturer or government entity responsible for dangerous road conditions.

Passengers are often in a strong position because they typically bear no fault for the crash. However, insurance coverage limits and liability disputes can still complicate claims. In these cases, legal guidance can help protect the passenger’s rights and improve the likelihood of fair compensation.

What should I do if I am unable to work after a motorcycle crash in Sarasota?

If your injuries prevent you from returning to work, you may be entitled to compensation for:

• Lost wages for the time you are unable to work;
• Loss of future earning capacity if you cannot return to your previous job or work at all; and
• Benefits loss, such as retirement contributions, bonuses, and healthcare coverage.

Gather documentation from your employer showing missed work dates and lost income. You should also obtain medical opinions from your healthcare providers about your work restrictions and recovery timeline. Your Sarasota motorcycle accident lawyer may also work with vocational experts to assess your long-term employment prospects.

How much does it cost to hire a motorcycle accident lawyer in Sarasota?

Most motorcycle accident attorneys, including Greg Linehan Law, work on a contingency fee basis. This means:

• No upfront fees. You only pay if the attorney recovers compensation for you;
• The fee is typically a percentage of the settlement or award; and
• Your attorney advances the costs for case preparation, expert witnesses, and court filings, then recovers those costs from your settlement or award.

Before signing a representation agreement, your Sarasota motorcycle accident lawyer will explain the exact percentage and any potential expenses so you know what to expect.

Contact Greg Linehan Law Before It’s Too Late

Sarasota motorcycle accident lawyer Greg Linehan and our staff understand special insurance laws and regulations that may help you maximize your recovery and pay for medical care. Contact us today at 941-559-4529 to to discuss your motorcycle accident case.

Motorcycle Accident FAQs