Bradenton Motorcycle Accident Lawyers
We represent riders and passengers hurt in motorcycle crashes, a kind of case where the insurance company often starts by blaming the rider.
Free ConsultationMotorcycle Accident Attorneys in Bradenton
Motorcycle crashes cause some of the most serious injuries in personal injury law, mainly because there is nothing between the rider and the road. Injuries to the head, neck, chest and spine are common, and a helmet only protects against some of them. Per mile traveled, motorcyclists in 2024 were almost 5 times as likely as people in passenger cars to be injured in a crash and almost 27 times as likely to be killed, according to NHTSA.
The Podor Law Firm handles motorcycle accident cases across Bradenton, Palmetto, Lakewood Ranch and Sarasota, and our Solon office takes cases in Ohio. People ride here all year, and from January through April they share US-41, Manatee Avenue, Cortez Road and the roads out to the beaches with heavy seasonal traffic, including a lot of drivers who don't know the area.
Why riders are at greater risk
A rider has no frame or airbags around them, and a motorcycle is much harder for other drivers to see. NHTSA has found that most crashes between a motorcycle and another vehicle happen because the other driver didn't see the rider in time, which is also why so many of them involve a car turning left across the rider's path.
Common Causes of Motorcycle Accidents
- A car turning left in front of the rider at an intersection
- Drivers changing lanes into a rider in their blind spot
- Distracted driving, including drivers on their phones
- Car doors opened into the path of a motorcycle
- Drunk or speeding drivers
- Road hazards like potholes or loose gravel
- Rain and slick pavement
- Defective motorcycle parts, such as brakes or tires
The bias against riders
Insurance adjusters, and sometimes jurors, tend to assume the rider was speeding or weaving through traffic, even when the evidence says otherwise. We deal with that assumption directly. Witness statements, photos of where the bike came to rest, data from the vehicles and, when the facts are disputed, an accident reconstruction expert can show what actually happened. In a left-turn crash, Florida law generally requires the turning driver to yield to oncoming traffic, and that includes motorcycles.
What can you recover?
Serious motorcycle crashes often mean surgery and months of therapy. Traumatic brain injuries happen even to riders wearing a helmet, and spinal cord damage, broken bones, internal injuries and road rash deep enough to need skin grafts are all common. A claim can cover your medical bills, now and in the future, and the income you lost, including any reduced ability to earn later on. Pain and suffering is part of it too, and so is the damage to your bike and your riding gear.
Florida Rules for Riders
| No PIP coverage | Florida's no-fault PIP law only applies to vehicles with four or more wheels, so PIP generally does not pay for injuries on a motorcycle. Medical payments coverage on your motorcycle policy and your health insurance usually fill that gap until the claim is resolved. Fla. Stat. 627.732 |
|---|---|
| Helmet law | Riders over 21 can ride without a helmet only if they carry at least $10,000 in medical benefits coverage for motorcycle crash injuries. Under 21, a helmet is required. Fla. Stat. 316.211 |
| Lane splitting | Riding between lanes of traffic is illegal in Florida, and if it happened, the insurance company will use it to argue fault. Fla. Stat. 316.209 |
| Filing deadline | Two years from the date of the crash for most claims. Crashes before March 24, 2023 had four years. Fla. Stat. 95.11 |
| Shared fault | More than 50% at fault means no recovery at all. At 50% or less, the award is reduced by your percentage. Fla. Stat. 768.81 |
Ohio has no PIP system, so a rider's claim goes straight to the at-fault driver's insurance company, and the deadline to file a lawsuit for an injury is generally two years. Ohio's helmet law is narrower than Florida's and only covers riders under 18 and those with a novice designation, along with their passengers. Ohio cases are handled through our office in Solon.
How we work a case
We start by getting the crash report and photos of the scene and of the bike before it is repaired, and we talk to witnesses while they still remember what they saw. We look at every insurance policy that might apply, including your own UM coverage, and work with your doctors to document what the injuries will cost over time. If the insurance company won't pay a fair amount, we are prepared to file suit.
Why Choose Podor Law
Motorcycle-Specific Experience
Motorcycle cases raise issues that car cases don't, like the gap in PIP coverage and the helmet question. Our founder, Kenny Podor, has been handling personal injury cases since 1978.
No Fee Unless We Win
You pay no attorney's fee unless we recover money for you, and there is nothing to pay up front. Our fee is a percentage of the recovery.
Personal Attention
You deal directly with your attorney, and we call with updates as the case moves, so you are not left guessing about where it stands.
Thorough Investigation
We photograph the bike before it is repaired, pull the data from the vehicles involved, bring in an accident reconstruction expert when fault is disputed and talk to the treating doctors about long-term care.
Trial-Ready Approach
Most cases settle, but we prepare each one as though it will be tried, because insurance companies tend to take a rider's claim more seriously when they think it could end up in front of a jury.
We Care About Riders
A rider hit by a car deserves the same consideration as anyone else in a crash, and we push back when an adjuster assumes otherwise.
Frequently Asked Questions
What should I do immediately after a motorcycle accident?
If you are physically able to, try to do the following.
- Get medical care, even if you feel fine. Adrenaline can hide serious injuries for hours.
- Call the police so there is an official crash report.
- Photograph the vehicles, the road, where your bike ended up and your injuries.
- Get the other driver's information and the names of any witnesses.
- Keep your helmet and riding gear as they are, since the damage can show how the crash happened.
- Don't have the motorcycle repaired until it has been photographed and inspected.
- Call us before you talk to any insurance company.
How is a motorcycle accident claim different from a car accident claim?
In a few important ways. In Florida, PIP generally doesn't cover riders, so the medical bills have to be paid from other sources while the claim is pending. The injuries tend to be more severe, which means higher medical costs and longer recoveries. Insurance companies are also quicker to blame the rider, and questions like helmet use and the condition of the bike come up that rarely matter in a car case. Because of the physics involved, an accident reconstruction expert is often needed to explain what happened.
What if I wasn't wearing a helmet during my motorcycle accident?
You can still make a claim, although the insurance company will likely try to use it against you. In Florida, riders over 21 can legally ride without a helmet if they carry at least $10,000 in medical benefits coverage, and in Ohio, helmets are only required for riders under 18 and those with a novice designation, plus their passengers. Not wearing one can still be argued as comparative fault, and in Florida a rider found more than 50% at fault recovers nothing. The argument should only matter for head injuries, though. A helmet would not have prevented a broken leg or road rash, and we push back when an insurance company tries to reduce the whole claim because of it.
How long do I have to file a motorcycle accident lawsuit?
In Florida, most claims from crashes on or after March 24, 2023 have to be filed within two years, and before that date the deadline was four years. In Ohio, the deadline for a personal injury lawsuit is generally two years from the crash. Claims against a government agency, for example over a dangerous road condition, have their own notice rules and procedures, and the insurance claim itself should be opened long before any of these deadlines. Evidence from the scene and the vehicles can be lost within weeks, which is the more practical reason to call early.
What if the driver who hit me is uninsured or underinsured?
Then the first place to look is your own policy. Uninsured/underinsured motorist coverage (UM) on your motorcycle policy pays when the at-fault driver has no insurance or not enough of it, and depending on the policy language, UM coverage held by a relative you live with may apply as well. Florida does not require most drivers to carry bodily injury coverage, which makes this situation fairly common here. In some cases another party shares responsibility, like a government agency that ignored a dangerous road condition or the maker of a defective part, and occasionally the at-fault driver has personal assets or an umbrella policy worth pursuing.
Injured in a Motorcycle Accident?
The consultation is free, and you pay no attorney's fee unless we recover money for you. Call or fill out the form, and an attorney will go over what happened and how a rider's claim works in Florida or Ohio.
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