The Most Searched Motorcycle Accident Questions (Florida Riders Ask These FIRST)
By Attorney Brad Souders of Hog Law — The Florida Motorcycle Accident Lawyer Who Rides With You!
As a lifelong biker and Florida motorcycle accident attorney, riders call me every day with the same urgent questions. Below are the real answers- clear, honest, and based on 35+ years of fighting for injured riders across Florida.
1. What should I do immediately after a motorcycle crash in Florida?
These steps to protect your health and your case:
- Get to safety
- Call 911
- Get medical care
- Photograph EVERYTHING
- Get witness information
- Call Hog Law before speaking to ANY insurance adjuster
2. Why should I not speak to the insurance adjuster?
Insurance adjusters are trained to minimize your claim from the very first call. They ask for recorded statements to obtain any information to reduce what they owe you. Even an innocent comment like "I’m okay" can cut your case value dramatically.
Call Hog Law first. Let us deal with them.
- Tap to Call Hog Law: 866-464-5291
- Or call Brad directly: 813-220-7767
3. How do I know who was at fault in my motorcycle accident?
Riders often blame themselves too quickly — especially when the driver says:
"I didn’t see you."
In Florida, drivers are commonly at fault when they:
- Turn left in front of a motorcycle
- Pull out without checking blind spots
- Fail to yield
- Drift into your lane
- Follow too closely
- Text and drive
- Rear-end you
Even if you think you may share blame — do not admit anything. Fault is determined by evidence, not opinions.
We perform a full investigation, which may include:
- 911 transcript(s) & Cad Call Report
- Police records
- Florida Drivers Exchange of Information
- Florida Traffic Crash Report – Long Form
- Homicide Report
- Date, time and location of crash
- Road conditions & applicable traffic control devices
- Weather conditions
- Vehicle information including VIN and registered ownership
- Property Damage of the vehicles involved
- Insurance & Ownership Information
- Direction of travel, estimated speed and posted speed limit
- Crash severity
- Whether the at fault driver was working at the time of crash
- Whether the at fault driver was cited with a traffic violation
- Whether the at fault driver was distracted, impaired or under the influence of drugs or alcohol
- Crash scene evidence
- Skid marks
- Vehicle angles
- Traffic camera footage
- Vehicle damage photographs
- Scene photographs
- Video footage
- Witness credibility
- Obtaining statements early both by recording and transcription (for accuracy and preservation) before the insurance adjusters contact them
- Comparing statements of witnesses and doing the research to determine their credibility
- Obtaining tangible evidence (e.g., photographs/scene video) for use to rebut an witness who may not be telling the truth
- Digital evidence & Evidence Preservation
- Download the black box data of the at fault driver’s vehicle, with related photographs
- Accident reconstruction at times where fault is disputed
- Related arrest records
- Dashcam videos, body camera footage, transport footage, booking video(s) and all other records, also used to prove the other driver was at fault, and guilty of gross negligence, towards supporting any additional claim for punitive damages
- Financial/Asset Investigations
- Comprehensive Asset Reports of the responsible parties
- Financial Affidavits
- Copies of Tax Returns of the at fault parties
- Sworn Statements Under Oath To Determine Assets & Income
- Document production of savings/checking accounts/brokerage accounts, safety deposit boxes and other items to determine whether the at fault driver may contribute additional funds over and above their insurance limits towards compensating the injured biker
Bottom line: We build the case on facts - not excuses.
4. Do I really need a motorcycle accident lawyer?
If you are injured at all: YES.Without a lawyer, you only get access to the adjuster’s version of the truth.
Riders with lawyers recover far more compensation because
- Motorcycle injuries are more severe
- Adjusters stereotype riders as "reckless"
- Adjusters push lowball offers EARLY
- Injury symptoms often show up days later
- Evidence disappears faster in motorcycle wrecks
- One wrong statement can destroy your claim
- Riders with lawyers always recover significantly more money
5. How much is a Florida motorcycle accident case worth?
Your recovery may include compensation for:
- Emergency room care
- Surgeries
- Physical therapy & rehab
- Future medical treatment
- Lost wages & loss of earning ability
- Pain & suffering
- Permanent disability
- Scarring & disfigurement
- PTSD or emotional trauma
- Totaled motorcycle or repairs
- Custom parts, gear, helmet, and equipment
- And other damages
Because injuries are often severe, motorcycle settlements are typically higher than car accident settlements.
Tap to Call for a Free Case Review: 866-464-5291
6. Should I accept the first settlement offer from insurance?
Absolutely not.
The first offer is designed to:
- Close your case early
- Cut off future claims
- Lock you into a low payout
- Prevent you from hiring a lawyer
- Save the insurance company money
We routinely secure 10× to 20× higher results than early offers once we complete a full investigation.
7. What if I was not wearing a helmet?
Good news:
- Your claim is NOT automatically reduced or denied
- Most injuries - legs, back, shoulder, ribs, arms - have nothing to do with helmets
- The insurance company must prove a helmet would have prevented the injury (and they really can't)
Florida law does NOT automatically block your claim. Insurance may argue: "A helmet would have prevented the injury." In 30+ years, I have never seen a leg, shoulder, rib, or back injury reduced because of helmet arguments. Helmet or not — we fight for your full compensation.
8. What if the other driver is uninsured?
You may still receive compensation through:
- Florida Uninsured/Underinsured Motorist (UM/UIM) coverage
- Most riders do not realize that you can often "stack" UM/UIM coverages, even on other vehicles in the household
- Other avenue of financial recovery include:
- Medical Payments coverage
- Your Health insurance
- Claims against the vehicle’s owner
- Third-party liability (employers, road hazards, etc.)
UM/UIM is often a rider’s strongest protection — and we know how to unlock maximum compensation.
9. Can I recover money for my totaled motorcycle and custom parts?
Absolutely.
We pursue EVERYTHING you are entitled to:
- Full total loss value
- Repairs
- Custom parts & upgrades
- Fairings, pipes, bars
- Paintwork
- Electronics & lighting
- Saddlebags
- Helmet & riding gear
Insurance companies undervalue custom bikes every time- unless you force them to see the evidence. We document every upgrade because insurance will not do it unless you force them with proper documentation. We do not let them get away with it.
10. How long do I have to file a motorcycle accident claim?
Florida’s statute of limitations for negligence: 2 years from the date of crash. Section 95.11, Florida Statutes requires the filing of a lawsuit for negligence must be filed within two years of the date of the accident. Miss it and you get nothing. Government claims may have shorter notice deadlines - call immediately so these are not missed. Calling immediately also preserves evidence – resulting in stronger cases and better recoveries.
11. Do I have to talk to the insurance adjuster?
No — and you should NOT. You can simply say: "Hog Law represents me. Please contact my attorney." We take over everything from that moment on.
12. Can I still win if I got a ticket at the scene?
Yes. A citation does not determine fault. We have won major cases for riders who were ticketed and still recovered significant compensation.
13. What injuries qualify for a motorcycle accident claim?
Any crash-related injury, including:
- Road rash
- Fractures
- Broken bones
- Torn ligaments
- Back, neck, shoulder, or knee injuries
- Concussions
- Traumatic brain injuries
- Facial injuries
- Emotional distress.
If it hurts, affects your daily life, or requires treatment – you can claim it.
14. How much does it cost to hire Hog Law?
You pay:
- $0 upfront
- $0 out of pocket
- $0 unless we win your case
We take all the risk — not you.
How is Hog Law different?
Hog Law charges only 30% on biker cases for attorney fees. That is a 10% savings on EVERY motorcycle lawsuit.
On a $1,000,000 settlement:
- Most law firms: $400,000 in attorney fees
- Hog Law: $300,000
- You keep: $100,000 more ($700,000 total)
Ninety-nine percent of law firms use a contingency fee agreement charging you the maximum attorney’s fees allowed by Florida law. Their agreement states upon the filing of an answer to the lawsuit, the attorney fees increase to 40% of your gross recovery.
Our Rule: "A Biker Should Never Charge Another Biker The Maximum Attorney’s Fees Allowed By Law."
Our fee agreement provides a reduced rate - offering a 10% lower fee compared to other firms. This "biker discount" ensures that you retain a greater portion of your settlement.
Our "Biker Discount" applies to every biker, every motorcycle accident case, no matter how big or small.The "Biker Discount" by our firm is nothing new – we simply have the goals of making sure our clients obtain the best medical and financial recovery possible.
We also negotiate medical bills and liens to put more money in your pocket – not ours.
With the severity of injuries and related financial recovery, it simply is not necessary to charge the maximum rates.
15. Why choose Hog Law over big advertising firms?
Because riders trust riders.
We:
- Understand motorcycle culture
- Know Florida roads
- Know the tricks insurance use
- Take fewer cases so we can fight harder
- Fight aggressively and strategically
- Deliver rider-focused representation
- Truly value riders and their bikes
- Give riders real, personal access to an attorney
- Have earned top reviews and proven results
You are not just a file number. You're a rider — and we protect our own. If you or a fellow rider is hurt, call the lawyer who rides.
We offer:
- Free consultations
- Home visits
- Hospital visits
- Weekend & evening appointments
- Virtual appointments
- STATEWIDE representation
About the Author
Brad Souders, Florida Motorcycle Accident Attorney. A lifetime biker and veteran trial lawyer with more than 35 years of experience representing injured riders throughout Florida. Brad combines real riding experience with deep legal knowledge to maximize results for Florida motorcyclist and their families, having a main office in Tampa – Representing Bikers & Their Families Throughout Florida.
When Your Life Changes, Call The Lawyer Who Rides.
