Daytona Beach Motorcycle Accident Lawyer

Hundreds of Millions Recovered in Verdicts & Settlements

Taking to the open road on a motorcycle offers a sense of freedom and enjoyment that few other experiences can match. Unfortunately, motorcycles also come with an inherent risk, and many riders are the unfortunate victims of accidents caused by careless or negligent drivers who fail to give riders the right of way they deserve. Even more unfortunate than the number of motorcycle accidents that occur every year are the often devastating results of those accidents, including life-altering injuries and even death.

(Attorneys Michael Politis & Mark Matovina)

Politis & Matovina, P.A. understands the passion motorcyclists hold for the open road. As passionate riders ourselves, we understand the draw of riding through Central Florida and enjoying the scenery. Our firm also understands the unique challenges associated with motorcycle accident injury claims, and believe that no victim of a motorcycle accident should ever face the legal aspects of their injuries alone.

Common Motorcycle-Related Injuries

Throughout our years in practice, we have helped victims recover compensation for a wide range of injuries. Unfortunately, these injuries are often very serious in nature, and can deeply impact the victims and their families.

Common motorcycle accident injuries include:

• Spinal cord injuries: Even the least serious spinal cord injuries can result in loss of feeling, paralysis, and impaired motor function. Victims of spinal cord injuries often require extensive physical therapy and costly extended care.
• Traumatic brain injury: Traumatic brain and head injuries most often occur as a result of excessive force trauma to the head, causing the brain to bounce off the skull. Brain and head injuries can lead to tearing and bruising of the brain, in turn resulting from impaired cognitive skills. Brain and head injuries require extensive medical treatment and continued care.
• Disfigurement: Motorcycle accidents can result in a wide variety of permanent scarring, including disfigurement from road rash, burns, cuts, and even amputations. More than just physical trauma, these injuries can lead to emotional turmoil and often require costly surgical procedures to repair.

Determining Fault & Liability for a Motorcycle Accident

Our staff has worked on countless motorcycle accident cases in which causation was under question and has successfully recovered compensation for our clients under even the most challenging circumstances. While responsibility is sometimes difficult to place, some factors can help prove the negligence of another party.

Another party may be negligent if these factors were involved:

• Excessive speed
• Impaired driving
• Cell phone use or other distractions
• Running a red light
• Misjudging distance between cars
• Rear-ending other vehicles

In cases where fault is in question, insurance companies turn to their defense attorneys in an effort to avoid a payout. Defense attorneys can make several claims to dispute their clients’ liability, including:

• Lack of causation: In a successful personal injury case, the plaintiff must demonstrate that the defendant’s actions led to the accident AND that the accident was the direct cause of the injuries to the victim. A lack of causation defense claims that no such link between the defendant’s actions and the accident exist. In some cases, even if the accident was the fault of that other party, they often claim it was not serious enough to cause the injuries claimed by the victim.
• Comparative negligence: Defense attorneys attempt to claim that the victim was partially at fault for the accident and thus carries some blame for their injuries. Should the defense be successful in proving the victim partially at fault, the defense would not be responsible for that percentage of damages.
• Assumption of risk: Motorcycle riders assume certain risks every time they take to the road. Defense attorneys exploit these risks, attempting to deem the plaintiff as acceptable of the risks of riding, thus partially responsible for some of the accident. For example, riders who operate motorcycles at night without a headlight may be deemed to have assumed the risk of a collision.

Florida Motorcycle Laws

There are certain motorcycle laws all Florida motorcyclists should know. Whether you are a Florida resident or a visitor to our state, make sure you are informed of the most up-to-date motorcycle laws so you can avoid traffic citations and ensure your own safety.

Here, we’ve provided a brief overview of Florida’s motorcycle laws:

• Helmets: Any motorcycle rider under the age of 21 must wear an approved motorcycle helmet. Riders over the age of 21 do not need to wear a helmet if—and only if—they carry at least $10,000 in medical benefits for bodily injury sustained in a crash. If you are over the age of 21 but do not have this insurance, you must wear an approved motorcycle helmet while riding.
• Protective Eye Gear: All motorcyclists of all ages must wear approved protective eye gear in the state of Florida.
• Headlights: In Florida, motorcycle riders must keep headlights on at all times while operating their bike. Modulating headlights (those that flicker) may be used during daylight hours.
• Handlebars: A motorcycle cannot have handlebars that are so high, the motorcyclist’s hands/arms are above the shoulders. Additionally, riders must keep both hands on the handlebars when operating their motorcycles.
• Insurance Requirements: Motorcycle insurance is not required to register a motorcycle in Florida; this is the only state that doesn’t require motorcycle insurance. In fact, motorcyclists are not covered by auto personal injury protection (PIP) insurance. That being said, it is very important that motorcycle riders opt to carry medical benefits coverage in the event they are involved in a collision. Additionally, if a motorcyclist is found to be at fault for an accident that causes property damage or bodily injury, and the motorcyclist does not have insurance, he or she can face certain serious consequences.
• Motorcycle Endorsements: While you are not required to get a separate motorcycle license, you must get a motorcycle endorsement on your normal driver’s license if you wish to ride in Florida. A motorcycle endorsement can be obtained after passing an approved motorcycle safety and competency test. You may also obtain a “motorcycle only” license if you do not have a typical driver’s license.
• Lane Splitting: The practice of “lane splitting,” or riding between cars on lane lines, is illegal in Florida, regardless of the speed of traffic.

Is Lane-Splitting Legal in Florida?

In general, lane-splitting is the act of driving a motorcycle in the space between traffic lanes and cars. Car drivers may frustratingly view lane-splitting as a convenience exclusive to motorcycle transportation. Some think it is a dangerous maneuver that increases the risk of an accident.

However, many motorcycle drivers believe lane-splitting is a safety necessity that can reduce their exposure to rear-end collisions from larger vehicles. Notably, the National Highway Traffic Safety Administration issued a statement that somewhat recognized that lane-splitting “slightly” reduces collision risks.

Lane-splitting can be divided into 3 different categories:

• Lane-filtering involves maneuvering between lanes of slow-moving traffic, sometimes using the space between vehicles.
• Lane-sharing describes a situation where more than one motorcycle occupies/rides side-by-side in a single traffic lane.
• White-lining is the act of driving through higher-speed traffic with the motorcycle staying primarily on the line dividing traffic lanes.

Florida, like most other states, prohibits lane-filtering and white-lining. Under subsection (2) of Section 316.209 of Florida’s motor vehicle statute, “the operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.” Subsection (3) provides that “no person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.”

However, permissible lane-sharing is limited to two motorcycles per lane under Section 316.209, subsection (4): “Motorcycles shall not be operated more than two abreast in a single lane.” To date, California is the only state that has legalized lane-splitting for motorcycles.

The Debate over Motorcycle Helmet Safety

There is a split in the motorcycle community about the safety benefits associated with wearing a motorcycle helmet. Many motorcycle enthusiasts are politically active about repealing or relaxing state helmet laws. Proponents of lifting mandatory helmet laws cite various studies suggesting that the safety benefits of wearing a motorcycle helmets are marginal—some go as far as to claim that motorcycle helmets can be dangerous.

According to opponents of mandatory helmet laws, the additional weight of a motorcycle helmet causes severe whiplash injuries. To support this assertion, some supporters cite the fact that NASCAR began requiring helmets to be fastened to cars after racer Dale Earnhardt died from a severe neck injury.

Those who support state motorcycle helmet law reform also argue that relaxed motorcycle helmet laws bring in more registrations, citing data from Florida. Under Florida law “a person over 21 years of age may operate or ride upon a motorcycle without wearing protective headgear securely fastened upon his or her head if such person is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.”

Florida’s current motorcycle helmet law was implemented in 2000. Although fatalities rose by 20%, motorcycle registrations doubled after the motorcycle law went into effect. However, states that have engaged in motorcycle helmet reform also experience a significant increase in non-fatal injuries. For example, insurance claims rose 22% after Michigan passed its law relaxing motorcycle helmet requirements.

According to data from the National Highway Traffic Safety Administration (NHTSA): 

• Only 19 states required helmet use for all motorcyclists
• In 28 states, helmet use is only required for a subset of motorcyclists
• In 2016, motorcycle helmets saved 1,859 lives
• Projections indicate that 802 more lives would have been saved had all motorcycle riders worn a helmet.

Additionally, the NHTSA estimates that helmets are 37% effective in protecting riders against fatal injuries, and 41% for motorcycle passengers. Thus, “for every 100 motorcycle riders killed in crashes while not wearing helmets, 37 of them could have been saved had all 100 worn helmets.”

In contrast, 60% of motorcyclists killed in 2016 were not wearing helmets in states with lifted helmet laws. When compared to states with helmet laws, only 8% of motorcycle fatalities involved helmetless riders.

Perhaps one of the most compelling and tragic instances illustrating the safety benefits of helmet use involves the 2011 death of a motorcyclist while participating in a helmet protest rally in New York. 55-year-old Philip Contos lost control of his 1983 Harley Davidson after hitting his breaks to avoid a collision. As a result, Contos was launched over the Harley’s handlebars, striking his head on the pavement. Not long after he was hospitalized, Contos passed away from traumatic injuries.

According to a New York state trooper, the doctor who pronounced his death said that “[Contos] would’ve no doubt survived the accident had he been wearing a helmet.”

Contact our Daytona Beach motorcycle accident lawyers today to get started with your FREE consultation. Email us or dial (386) 333-6613 today!

Motorcycle Accident FAQs

Injured Motorcyclists Face Unique Challenges

At Politis & Matovina, P.A., we understand that motorcycle accidents are not like other types of motor vehicle accidents. Several of our attorneys are riders themselves, so we understand the unique challenges motorcyclists face after an accident.

Motorcycle accidents are more likely to result in serious, catastrophic injuries simply because riders just don’t have as much protection as people in cars and trucks. Additionally, motorcycle-specific insurance laws in Florida can make it harder for injured riders to recover compensation for their medical bills and other damages after a collision.

Our motorcycle accident attorneys are aware of these challenges—and we know how to help you navigate them. We are here to answer your questions and guide you through the personal injury process from start to finish. If you or your loved one was injured in a motorcycle accident in Daytona Beach or any of the surrounding areas, reach out to us today to learn how we can help.

Insurance Companies Will Give You a Difficult Time

Perhaps the most prominent and problematic unique challenge of filing a motorcycle accident claim is the bias that insurance companies will use against you. Insurers try to paint the picture that motorcycle riders are reckless people who ride for a thrill, rather than who ride for transportation purposes. If your case needs to go to court as a lawsuit, then you have to expect that the insurance defense attorneys will try to convince the judge or jury that your accident must have been your fault to a measurable extent because of your “reckless nature.”

As riders ourselves, our Daytona Beach motorcycle accident lawyers have been on the receiving end of this unreasonable stereotype ourselves. We can use our personal experiences to your advantage by easily crafting a convincing counterclaim for you.

Compensation in a Motorcycle Accident Case

Throughout our years in practice, our Florida motorcycle accident lawyers have successfully assisted countless victims and family members of victims in recovering compensation for their losses. Through aggressive settlement negotiation or successful court representation, we have helped these families obtain financial payment for their many losses.

You may be eligible for compensation such as the following:

• Property damage and loss of use: If your motorcycle is wrecked, it can get expensive to repair or replace it. You can also seek damages for the inconveniences you have experienced by not having your own mode of transportation for the time being.
• Medical bills: Severe injuries are not uncommon in motorcycle accidents, and steep medical bills tend to follow. Emergency care, hospitalization, and surgeries can all add up quickly.
• Continued care: You might require extensive rehabilitative therapies for years after your motorcycle accident. The final cost of these forms of care can exceed the initial medical costs in some cases.
• Lost wages: Missing weeks or months of work due to a severe injury can gouge your finances as your income dries up.
• Pain and suffering: The emotional trauma and pain you have endured due to your injuries can be answered with noneconomic damages. Money does not undo your pain, but it can help you find a sense of closure and justice.

While no amount of money can ever replace a loved one, we have helped families who have lost a member gain justice for their losses. Wrongful death clients are eligible to seek the compensation they deserve to start the process of helping their family grieve and move toward the future.

What to Do after a Motorcycle Accident

Motorcycle accidents, by nature, are shocking and frightening experiences that can lead to serious injury and loss of life of those involved. When serious losses are involved in an accident, especially when the accident occurred due to the negligence of another party, there are several key steps victims or their family members can take to improve their chances of recovering compensation for their losses.

Important steps to take following a motorcycle accident include: 

• Contact the police, even if you believe the accident to be minor
• Seek medical attention immediately, even if injuries are not severe or obvious
• Take photos of the accident scene if possible
• Gather witness information, including contact information
• Contact an experienced attorney for advice on your options for recovering compensation

At Politis & Matovina, P.A., we believe that immediate action is key to the successful recovery of compensation for losses sustained in a motorcycle accident. By preserving the evidence related to your accident, you dramatically improve your chances of successfully obtaining compensation for your medical bills, lost wages, property loss and pain and suffering.

Speak with a Daytona Beach Motorcycle Accident Attorney Today!

Our Daytona Beach motorcycle accident attorneys are backed over a century of combined experience. We understand how serious motorcycle accidents can be, and work diligently to provide the personalized representation and aggressive guidance you need to pursue compensation for your losses as quickly and painlessly as possible.

If you or a loved one has been injured in a motorcycle accident, it is important to understand your rights and to speak to an attorney regarding your options for pursuing compensation for your losses. Discuss your case with one of our lawyers in a free case evaluation. Our staff offers representation in several languages. To further reduce your stress during your legal proceedings, we provide representation solely on a contingent fee basis, meaning that you are responsible for no legal fees unless we help you recover compensation for your losses.

Related Reading

• 10 Most Common Causes of Motorcycle Accidents
• What Is the Difference Between Road Rage and Aggressive Driving?