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Motorcycles are extremely popular in Florida thanks to our excellent climate and nationally-known rallies such as Daytona Bike Week—which celebrated its 83rd year in 2024 and attracted nearly 500,000 people from across the nation. Florida is also home to Leesburg Bikefest (200,000 attendees), Thunder Beach Motorcycle Rally in Panama City Beach (held twice per year), and Biketoberfest (also in Daytona). Unfortunately, according to the Florida Department of Transportation, “Florida continually ranks in the top three states in the nation for motorcycle related fatalities.” Motorcyclists are believed to be 30 times more likely to die in a collision than those riding in passenger vehicles. Motorcyclist fatalities are also on the rise. In 2022, 6,218 motorcyclists were killed nationwide—the highest number recorded since at least 1975. Because of the increased risk of injury to motorcyclists, Florida has adopted a considerable number of statutes designed to protect them.

Here are some very helpful tips to keep motorcyclists safe and avoid  motorcycle accidents according to Motorcycle Lawyer Randall L. Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.:

1. Drivers of cars and trucks should remember that motorcycles are harder to see, but not impossible to see. Drivers should “look twice and save a life.”
2. Before drivers pull out or attempt to make a turn, such as a left turn, oncoming traffic may block the driver’s view of an oncoming motorcycle. Turning left into the path of an oncoming motorcycle is one of the most common causes of an accident with a motorcyclist.  
3. Drivers must be patient and take their time before turning to make sure there are no motorcycles coming.

Florida Statute section 316.2085 requires the motorcyclist to ride only upon the seat with both hands on the handlebars and always keep both wheels on the road. Florida Statute section 316.209 states that all motorcycles are entitled to the full use of a lane (but two motorcycles may ride next to each other in the same lane). However, motorcyclists shall not pass or overtake another vehicle within the same lane occupied by the vehicle that is being overtaken, nor shall motorcycles operate between lanes of traffic. 

Florida Statute section 316.405 states that the motorcycle must always have its headlights on—even during the day. There are also limits on special modifications to motorcycles, such as a limit on how high the handlebars can be (not higher than the shoulder) and how much noise it makes (no more than 82 decibels). No one may operate a motorcycle unless he or she holds a driver’s license with a motorcycle endorsement or a motorcycle-only license under section 322.03(4), Florida Statutes. To obtain the endorsement or motorcycle-only license, you must hold a regular driver’s license (or, for a motorcycle-only license, complete the knowledge test for a regular license) and complete a Basic RiderCourse. The course, developed by the Motorcycle Safety Foundation, covers the basics of operating a motorcycle and safety-oriented mental strategies. The course also requires in person instruction on operating a motorcycle.

Often, collisions between vehicles and motorcycles occur due to the limited visibility of motorcyclists. It is always a good idea to wear reflective or brightly colored clothing. Anything you can do to increase your visibility will reduce your chance of being involved in a collision, including making sure to stay out of a vehicle’s blind spot. Motorcycles also often appear to be much farther away from motorists than they really are. Rear-end collisions may occur if a vehicle is following too closely to a motorcycle because motorcycles can stop more quickly than a vehicle as well as downshift or rolldown the throttle to slow down, which will not activate the brake light. Vehicles can also pass a motorcyclist too closely or too quickly, causing a gust of wind to throw the motorcycle off balance. It is important to hire an experienced motorcycle attorney who is familiar with these common issues. In any accident, if the operator of a motor vehicle is found to have violated any traffic statute, this fact alone is evidence that the driver was negligent and at fault for the collision.

Before 2000, all motorcyclists in Florida were required to wear helmets. In 2000, the Florida Legislature exempted adults over the age of 21 from having to wear a helmet as long as they have health insurance or other medical coverage of at least $10,000.00 under Florida Statute section 316.211. However, anyone under the age of 21 must still wear a helmet. This statute also requires that all operators, regardless of age, wear eye-protective devices to prevent insects or other debris from entering the operator’s eyes. You must consult with an experienced Fort Myers motorcycle accident attorney who can fully evaluate your case and the liability of all parties. 

Additionally, the other driver may not be the only person at fault. The design or improper maintenance of a street, intersection, or roadway may be a contributing cause of a collision. If the state or city responsible for the area where the crash occurred knew or should have known that the design of a roadway or a failure to maintain it increased the risk of a collision, they may be liable in whole or in part for any injuries or deaths that occur there. Another source of liability may include increased injuries caused by a defective helmet, which would be the responsibility of each entity in the chain of the helmet’s distribution under Florida products liability law. In these complicated situations, it is important to hire an experienced Fort Myers motorcycle accident attorney so that the circumstances of the accident can be fully investigated to identify all potentially liable parties.

If you or someone you love was injured or killed while riding a motorcycle, please contact Fort Myers motorcycle accident lawyer Randall L. Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. 24/7 at 239.337.7483, statewide tollfree at 1.888.477.4839, or online at SpiveyLaw.com. There are no costs or attorney fees until we receive a monetary recovery for our client.