14 Legal Mistakes to Avoid After a Motorcycle Accident in Florida By Brad Souders — Lifetime Biker & Florida Motorcycle Accident Lawyer

1. Not Calling the Police After a Motorcycle Accident

One of the most damaging mistakes riders make is letting the at-fault driver talk them out of calling law enforcement. For any motorcycle accident in Florida, a police report is often the first and most important official record.

A crash report documents:

• Date, time, and location
• Weather and road conditions
• Driver and vehicle information
• Helmet use
• Witness names
• Visible injuries
• Whether citations were issued
• Officer observations (speeding, distraction, impairment)
• Narrative or diagram of how the crash occurred

Without this report, you're stuck with conflicting stories and weaker evidence for your motorcycle accident claim.

2. Failing to Collect Evidence at the Motorcycle Crash Scene

Police reports help, but they are far from perfect. Some lack detail, omit witnesses, or incorrectly describe what happened.

If you are able—or if someone can help—collect this evidence:

Motorcycle Crash Evidence Checklist

• Photos of all vehicles (all angles)
• Roadway photos, skid marks, traffic signs, debris
• Injury photos
• Witness names and contact details
• At-fault driver info and license plate
• Nearby businesses or homes with security cameras

In many cases, photos from bystanders or first responders have played a key role in proving fault.

3. Admitting Fault or Downplaying Injuries

After a motorcycle crash, riders often say things instinctively:

• "I'm fine."
• "I should have seen you."
• "Don't worry about it."

These statements can be used against you—even when the other driver caused the crash.

Instead:

• Do not discuss fault with the other driver
• Tell the police if you have any pain
• Accept medical transport if recommended
• Remember: serious injuries may not appear for hours or days

4. Not Documenting Your Motorcycle Accident Injuries Properly

Your medical records are the foundation of your case. Insurance companies use them to evaluate the severity of your motorcycle injuries.

Create a Medical File

Save all records, including:

• ER documents
• Specialist reports
• Physical therapy notes
• MRI, CT, or X-ray results
• Medication and supply receipts

At each appointment, describe:

• Pain location
• Pain type (sharp, burning, dull, radiating)
• Functional limitations
• How injuries affect your daily life

Document Injuries with Photos

Take injury photos:

• Immediately after the crash
• Daily for the first few days
• Throughout treatment
• After healing to show scarring or permanent impairment

Insurance companies rely heavily on visual evidence.

5. Forgetting to Document Damage to Your Motorcycle and Gear

Your motorcycle and riding gear are key pieces of evidence in any Florida motorcycle accident claim.

Bike Documentation Checklist

Photograph:

• All sides of the motorcycle
• Close-ups of all damage
• VIN
• Tire tread
• Odometer (if still visible)

If the at-fault driver's vehicle is in the tow yard, photograph it from all angles as well.

Gear Documentation Checklist

Document damage to:

• Helmet
• Jacket
• Gloves
• Boots
• Saddlebags/backpacks

Place items against a clean background for clarity.

6. Overlooking Surveillance Footage

Video evidence is often the strongest proof in a motorcycle injury case.

Potential sources:

• Business security cameras
• Gas stations
• Shopping plazas
• Walmart/Target parking lots
• City traffic cameras
• Home security systems (Ring, Nest, Blink)

Surveillance video has overturned many false statements and proven a driver's negligence.

7. Talking to the Insurance Adjuster Before Speaking to a Lawyer

After a crash, insurance companies move fast. They may call within hours requesting a recorded statement. This is a tactic designed to hurt your claim.

The adjuster's real goals are to:

• Lock you into a statement
• Get you to minimize your injuries
• Push you toward a cheap settlement
• Gather information to use against you

You are not legally required to give a recorded statement to the other driver's insurance company. Once you hire a motorcycle crash attorney, all communication must go through your lawyer.

8. Hiring the Wrong Lawyer (Not a Motorcycle-Specific Attorney)

Motorcycle accident cases are very different from car accident claims.

You need a Florida motorcycle accident attorney who understands:

• Motorcycle dynamics
• Rider visibility challenges
• Biases against motorcyclists
• The physics of braking and swerving
• The severity of common biker injuries
• Long-term medical needs for riders

Questions to Ask a Motorcycle Accident Lawyer

• Do you ride?
• How many motorcycle cases have you handled?
• Will you personally manage my case?
• Do you assist with both medical bills and property damage?
• Have you taken motorcycle cases to trial?

Choosing the wrong lawyer can cost you significantly.

9. Settling Your Motorcycle Accident Claim Too Early

Insurance companies love early settlements because:

• You don't know the full extent of your injuries
• You may not have seen specialists
• Imaging may not be complete
• You don't know whether surgery is needed

Once you sign a release, your case is permanently closed—even if you need surgery later.

10. Poor Medical Follow-Through

Missed appointments and treatment gaps can severely damage your motorcycle injury claim. Insurance companies argue:

• You weren't seriously hurt
• You healed quickly
• Your injuries weren't caused by the crash

Consistency in medical treatment is critical.

11. Missing the Florida Statute of Limitations

In Florida, you typically have two years from the date of the motorcycle accident to file a lawsuit. Miss this deadline, and the court will bar your claim permanently.

Your motorcycle crash attorney should also track:

• Discovery deadlines
• Expert disclosure deadlines
• Mediation dates
• Trial requirements

Missing these can harm your case.

12. Underestimating the Long-Term Impact of Motorcycle Injuries

Motorcycle accident injuries are often life-changing.

A strong case includes long-term damages such as:

• Future medical bills
• Lost earning capacity
• Chronic pain
• Limited mobility
• Psychological trauma
• Future surgeries
• Assistive devices
• Home health care
• Loss of enjoyment of life

Economists and medical experts help calculate these damages accurately.

13. Understanding Recoverable Damages in a Florida Motorcycle Accident Case

Under Florida law, you may recover:

1. Past medical bills
2. Future medical bills
3. Past lost wages
4. Future lost wages/earning capacity
5. Past pain and suffering
6. Future pain and suffering
7. Other special damages

Your Florida motorcycle accident lawyer must prepare evidence for each category.

14. Florida-Specific Issues Motorcycle Riders Must Know

Florida motorcycle accident cases involve unique laws:

• PIP does not apply to motorcycles, so medical bills must be handled differently
• Florida has very high rates of uninsured drivers—UM/UIM coverage is critical
• Helmet laws apply only to riders under 21, but helmet use may impact your claim
• Comparative fault can reduce compensation if not challenged properly

Hiring an experienced Florida motorcycle accident attorney is crucial.

Injured in a Motorcycle Accident? Speak With a Lifetime Biker–Attorney Today

If you're looking for a Florida motorcycle accident lawyer who actually rides, you're in the right place.

• 35+ years of trial experience
• Lifetime biker who understands real riding conditions
• No fees or costs unless we win
• Free consultation
• Help with both medical bills and property damage
• Personal representation — no case managers

About the Author — Brad Souders, Florida Motorcycle Accident Attorney

Brad Souders is a lifetime biker and veteran trial lawyer with more than 35 years of experience representing injured riders throughout Florida. He combines real riding experience with extensive legal knowledge to help Florida motorcycle accident victims recover full compensation. Main office in Tampa – Representing Bikers And Their Families Throughout Florida.

Brad offers free consultations and flexible appointments, including evenings, weekends, home visits, hospital visits, or virtual meetings. Call Now: 813-220-7767 or 866-464-5291

Call The Motorcycle Attorney That Actually Rides!