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Motorcycles are much smaller and lighter than passenger vehicles. Riders also lack the protection of a vehicle surrounding them when riding. As a result, motorcyclists are much more likely to be killed or seriously injured in a crash. According to the National Highway Traffic Safety Administration (NHTSA), in 2015, 4,976 motorcyclists were killed in traffic crashes, and an estimated 88,000 motorcyclists were injured. 

Florida law (Motor Vehicles 320.01) says that motorcycles are motor vehicles when operated on the roads of the state, used to transport persons or property and propelled by power used other than muscular power. 

However, when it comes to Florida’s No-Fault PIP (Personal Injury Protection) law, motorcycles are treated differently than passenger vehicles because they do not have “four or more wheels.” They are not covered under Florida’s No-Fault PIP insurance law. 

There are some insurance companies which offer a PIP-like insurance for motorcycles, but this insurance is not regulated by the state of Florida because it is not required by the state. These policies do not need a motorcyclist to show permanent injury to recover for pain and suffering which is not like the Florida No-Fault PIP coverage for automobiles. 

A motorcyclist is required to follow many of the same rules as Florida car drivers, but there are some additional violations that may constitute fault on the Florida motorcyclist’s part, according to the Florida Motorcycle Handbook. These are: 

• A motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.  
• A motorcyclist shall not operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
• A rider should not operate any motorcycle with handlebars or with handgrips that are higher than the top of the shoulders of the person operating the motorcycle while properly seated upon the motorcycle.  
• Every motorcycle shall have two or more stop lamps.
• Every motorcycle shall have electric turn signal lamps.  
• Anyone under 16 years of age must wear a motorcycle helmet and may ride as a passenger on any motorcycle regardless of engine size.
• A motorcyclist may not operate a motorcycle unless the person is wearing an eye-protective device over his or her eyes.  It must be a type approved by the department.  
• The motorcyclist should be driving a street-legal motorcycle.  It should have: a headlight, tail-light and brake-light, Front and rear brakes, turn signals and two mirrors. 

Negligent auto drivers cause 2/3 of motorcycle accidents. 

The Sun-Sentinel reported in 2013 that motorcycle accidents are often caused by negligent automobile drivers. The most common negligent acts include: 

• Swerving in front of a cyclist
• Cutting off motorcyclists at intersections
• Failing to follow posted speed limits
• Failing to yield when appropriate
• Failing to leave sufficient room between vehicles
• Failure to see a motorcyclist changing or entering lanes
• Neglecting to pay appropriate attention to other drivers
• Driving under the influence 

Why hire an experienced motorcycle attorney? 

When injuries or damages occur in a motorcycle accident, the motorcyclist would be well advised to hire an attorney for some of the following reasons: 

• If the motorcyclist was not at fault, he/she may be able to seek damages from the party negligent in causing the crash. 
• While motorcyclists are not covered by Florida No-Fault PIP insurance, they are not limited in the damages they may seek to compensate for their losses including lost wages, property damage, and damages for pain and suffering. 
• In many personal injury cases, insurance companies will try to lower the compensation paid to the injured motorcyclist. Even though many cases settle out of court, there are times when agreements cannot be reached. When this happens, an attorney will represent the motorcyclist in court. 

“Motorcycle accident cases can be challenging and should have the most experienced representation. We at Spivey Law Firm, Personal Injury Attorneys, P.A. recommend that motorcyclists injured as the result of another’s negligence contact our firm to represent them. We have the years of experience in these cases needed for proper representation,” said Ft. Myers Motorcycle Accident Attorney, Randall Spivey.

Ft. Myers Motorcycle Accident Attorney,Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.