Tampa Motorcycle Accident Lawyer

The warm weather in Tampa makes it a great place for bikers to ride most of the year. But motorcycle accidents can happen suddenly, especially if another driver is impaired or not paying attention. When motorcyclists get struck by a vehicle, they are inherently more likely to sustain catastrophic or life-threatening injuries.

At Suli & Martinez, our experienced motorcycle accident attorneys in Tampa understand the unique complexities of motorcycle accidents, including motorcycle bias and how it can impact a claim. We are here to answer your questions and explain the legal process. We have helped countless injured crash victims secure the compensation they need to move forward after being injured by another driver’s negligence. Our firm is deeply committed to holding at-fault drivers accountable and building a compelling case for our clients.

Call for a free consultation today: (813) 592-0000

How Do I Know if I Have a Valid Tampa Motorcycle Accident Claim?

You may have a valid motorcycle accident claim if another party’s negligent actions led to a crash and caused your injuries. Negligence forms the legal foundation of any motor vehicle collision, including when the crash involves a vehicle striking a motorcycle. If negligence cannot be established, there is likely no case.

Negligence requires establishing these four specific elements:

• The Driver Owed You a Legal Duty: All drivers, including motorcyclists owe a legal duty to drive responsibly and take reasonable measures to avoid causing harm to others sharing the road.
• Legal Duty Breached: Did a driver breach that legal duty in some way? Driver negligence, such as being distracted or running a red light, takes many forms in Tampa motorcycle accidents.  
• Causation: In this third element, the attorney managing your case must establish that this breach and resulting collision directly caused your injuries.
• Damages Resulted: In this final element, there must be evidence that you sustained actual damages, such as medical costs, property damage, lost income, and other losses, from the accident.

Motorcycle cases are often complex, which is why your claim may greatly benefit from having a dedicated lawyer fight for your legal rights and best interests.

At Suli & Martinez, we help you avoid common mistakes motorcycle crash victims make and work tirelessly to secure the compensation you deserve.

What Type of Compensation May Be Available After a Motorcycle Accident?

After a Tampa motorcycle accident, you can pursue compensation for economic and non-economic damages. These damages aim to make you whole again financially and account for your physical and emotional suffering.

Economic Damages

Economic damages are directly tied to financial losses resulting from the crash. These types of costs are tangible and can easily be calculated and documented through invoices and records, including:

• Medical Expenses: Costs for emergency treatment, hospitalization, surgeries, medications, physical therapy, and future medical care.
• Property Damage: Th repair or replacement of your motorcycle and other personal belongings damaged in the crash.
• Lost Income: Compensation for work you missed due to your injuries and reduced earning capacity.
• Permanent Disability: Resources for lifetime adaptations if your injuries cause permanent impairment.

If a motorcycle accident resulted in the death of a loved one, surviving family members may pursue wrongful death compensation.

Non-Economic Damages

Non-economic damages address the intangible losses that significantly impact your quality of life. These damages recognize the personal toll of your injuries:

• Pain and Suffering: Compensation for physical discomfort
• Mental Anguish: For psychological impact like anxiety, depression, and PTSD
• Loss of Enjoyment: For diminished ability to participate in activities you once enjoyed
• Loss of Consortium: Available to your spouse for the impact your injuries have had on your marital relationship

Who May Be Liable for My Tampa Motorcycle Accident?

Multiple parties may be responsible for your injuries, and identifying all potentially liable parties ensures maximum recovery.

Negligent Drivers

Most motorcycle accidents in Tampa involve drivers who fail to uphold their duty of care. Drivers have a responsibility to take reasonable measures to operate their vehicles safely. This means staying focused on the road and being mindful of other drivers, cyclists, pedestrians, and motorcyclists.

These are just a few of the ways drivers may be liable:

• Violating traffic laws
• Driving while distracted
• Failing to yield the right of way
• Making unsafe lane changes
• Drive impaired by alcohol, drugs or other substances
• Speeding

Commercial Vehicle Operators and Their Employers

When your accident involves a commercial vehicle, such as a semi-truck or dump truck, liability may extend beyond the driver. Both the operator and their employer could be responsible for your damages. Companies must ensure proper driver training, vehicle maintenance, and reasonable scheduling.

Government Entities

Road conditions sometimes contribute significantly to motorcycle accidents. When poor road design, inadequate signage, malfunctioning traffic signals, or road hazards contribute to your accident, government entities may bear liability.

Motorcycle and Parts Manufacturers

Mechanical failures can cause devastating motorcycle crashes. When defective components contribute to your accident, manufacturers may be liable under Florida product liability laws.

Property Owners

Unsafe conditions on private property can lead to serious motorcycle accidents. Property owners who fail to maintain safe premises may be held liable for accidents caused by poor maintenance, inadequate lighting, or unmarked hazards.

How Long Do I Have to File a Tampa Motorcycle Accident Claim?

Time limits strictly govern your right to seek compensation after a motorcycle accident. In Florida, you have two years from the date of your accident to file a lawsuit. Victims who miss this deadline can permanently lose their right to seek compensation, regardless of injury severity.

Several exceptions may apply to this general rule, including:

• Accidents involving a government entity
• Cases where injuries were not immediately discovered
• Wrongful death claims, where the two-year deadline starts from the date of death

Consult with an experienced motorcycle accident attorney immediately to understand the deadlines that apply to your case.

What if the Driver Who Hit My Motorcycle Is Uninsured?

Uninsured motorists create significant challenges for injured motorcyclists. Despite Florida law requiring all drivers to carry insurance, you may face obstacles recovering compensation from an uninsured driver.

Uninsured Motorist Coverage

Florida’s no-fault insurance does not cover motorcycles, so you cannot use PIP for medical bills. This distinction makes motorcycle insurance coverage especially important. If you have uninsured motorist (UM) coverage on your motorcycle policy, it can pay for your medical bills, lost wages, and other damages up to your policy limits.

Similarly, Underinsured Motorist (UIM) coverage protects you when the at-fault driver’s insurance is insufficient.

Other Options

If you don’t have UM/UIM coverage, you may still have potential avenues for recovery. Your attorney can help you explore these options:

• Seek compensation from other liable parties
• Sue the at-fault driver directly (though collection may be difficult)
• Use your health insurance for medical expenses

How Does Not Wearing a Helmet Affect My Case?

Helmet use can become a contested issue in motorcycle accident claims. In Florida, motorcyclists over 21 can legally ride without a helmet if they carry at least $10,000 in medical insurance. Riders under 21 must wear DOT-approved helmets.

The impact on your case depends significantly on the nature of your injuries. The defense’s ability to use your helmet choice against you varies:

• For non-head injuries, helmet use typically has minimal impact.
• For head, neck, or brain injuries, the defense may argue your injuries would have been less severe with proper head protection.

The defense must prove your injuries would have been less severe with a helmet, usually requiring expert testimony. Your attorney can counter by showing the primary cause was the other driver’s negligence.

Does Lane Splitting Affect Motorcycle Accident Liability?

Your riding behavior directly influences liability in accident claims. Lane splitting, which is riding between lanes of traffic, is illegal in Florida. If it leads to an accident, the motorcyclist typically faces increased liability.

Riders should understand the distinction between prohibited and legal riding practices. Be careful not to confuse lane splitting with lane sharing. Lane sharing is two motorcycles riding side by side within a single lane), which is legal in Florida.

What if I Was Partially At-Fault for My Tampa Motorcycle Accident?

Florida’s comparative negligence laws affect your compensation when you share responsibility for an accident. Florida follows a modified comparative negligence system, which means you may still be able to recover damages. However, only if you are less than 50 percent responsible for the crash. Any compensation awarded to you will be reduced by your percentage of fault.

Insurance companies understand these rules well and use them strategically. They often attempt to increase motorcyclists’ fault percentages to minimize payouts or deny claims entirely. Having experienced legal representation is crucial to countering these tactics.

What Steps Should I Take After a Motorcycle Accident?

The actions you take immediately following a motorcycle accident can significantly impact your health and legal rights. Following these steps helps protect your interests and establishes a strong foundation for any future claim:

• Prioritize Safety: Move to a safe location if possible or remain still if seriously injured.
• Call 911: Florida law requires reporting accidents with injuries or property damage of at least $500.
• Seek Medical Attention: Get examined even if you feel fine initially, as serious injuries may not immediately show symptoms.
• Gather Information: If your injuries permit this, be sure to collect contact and insurance details from all parties, witness information, and responding officer information.
• Avoid Damaging Statements: Do not apologize or admit fault at the scene of the accident. Be careful to avoid discussing the accident on social media.
• Preserve Evidence: Keep damaged gear, helmet, and clothing as evidence.

Common Injuries Caused by Motorcycle Accidents in Tampa

Motorcycle accidents frequently result in severe injuries due to the limited protection riders have compared to vehicle occupants. Tampa motorcyclists face particular risks on busy urban roads, interstate highways, and during the area’s frequent rainstorms that create hazardous riding conditions.

• Road Rash: Painful skin abrasions occur when riders slide across pavement, potentially causing infections, permanent scarring, and nerve damage in severe cases.
• Traumatic Brain Injuries: Even with helmet use, violent impacts can cause concussions, hemorrhaging, or permanent cognitive impairments that affect memory, concentration, and emotional regulation.
• Bone Fractures: The force of motorcycle accidents commonly breaks legs, arms, ribs, and collarbones, often requiring surgical intervention and lengthy rehabilitation periods.
• Spinal Cord Damage: Impacts to the back can damage vertebrae or the spinal cord itself, potentially resulting in partial or complete paralysis that permanently changes a rider’s life.
• Internal Injuries: Blunt force trauma can cause internal bleeding or damage to organs like the liver, kidneys, or spleen, creating life-threatening conditions that require immediate medical intervention.
• Joint Injuries: Shoulders, knees, and hips absorb tremendous force during crashes, leading to dislocations, ligament tears, and long-term mobility issues requiring extensive physical therapy.
• Facial Injuries: Crashes frequently cause facial fractures, dental damage, and eye injuries that may require reconstructive surgery and result in permanent disfigurement.
• Psychological Trauma: Many motorcycle accident survivors develop post-traumatic stress disorder, anxiety, or depression following their physical trauma, requiring mental health treatment.

Call Suli & Martinez for Legal Help After a Tampa Motorcycle Accident

The recovery process after a motorcycle accident is not something you have to face alone. Our attorneys fight tirelessly to secure the full compensation you deserve for medical expenses, lost wages, pain and suffering, and long-term impacts.

At Suli & Martinez, our Tampa-based motorcycle accident lawyers have decades of experience helping clients get the compensation they need. We understand the challenges victims face, including comparative negligence laws when fault is shared and overcoming biases common to motorcycle crash cases.

Experienced Lawyers. Proven Results. Call: (813) 592-0000 24/7 to request a free consultation.