Daytona Beach Motorcycle Accident Lawyer

Advocating for Motorcycle Accident Victims in Florida

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 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.

Politis & Matovina, P.A. understands motorcyclists' passion for the open road. As passionate riders, 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.

(Attorneys Michael Politis & Mark Matovina)

Common Motorcycle-Related Injuries

Throughout our years in practice, we have helped victims recover compensation for various injuries. Unfortunately, these injuries are often severe and can profoundly 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.

Beyond the immediate physical injuries, motorcycle accident victims endure a significant emotional and financial toll. The road to recovery can be long and challenging, with patients often needing a variety of rehabilitative therapies. This also includes occupational therapy to help individuals regain independence in daily activities and psychological counseling to address issues like post-traumatic stress disorder and severe emotional distress. It's crucial to recognize these injuries' ripple effect on families, who must adjust to new realities while supporting their loved ones.

Determining Fault & Liability in Motorcycle Accident Cases

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

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 the distance between cars
• Rear-ending other vehicles

In cases where the fault is in question, insurance companies turn to their defense attorneys 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 no such link exists between the defendant’s actions and the accident. In some cases, even if the accident was the fault of the other party, they often claim it was not severe 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 carry some blame for their injuries. Should the defense successfully prove 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 acceptable for the risks of riding and thus partially responsible for some of the accidents. For example, riders who operate motorcycles at night without a headlight may be deemed to have assumed the risk of a collision.

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

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

• Helmets: Any motorcycle rider under 21 must wear an approved motorcycle helmet. Riders over 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 21 but do not have this insurance, you must wear an approved motorcycle helmet while riding.
• Protective Eye Gear: In Florida, motorcyclists of all ages must wear approved protective eye gear.
• Headlights: In Florida, motorcycle riders must keep their headlights on at all times while riding their bikes. Modulating headlights (those that flicker) may be used during daylight hours.
• Handlebars: A motorcycle cannot have handlebars so high that the motorcyclist's hands or 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. Motorcyclists are not covered by auto personal injury protection (PIP) insurance. That being said, motorcycle riders must opt to carry medical benefits coverage if 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 inevitable serious consequences.
• Motorcycle Endorsements: While you are not required to get a separate motorcycle license, you must get a motorcycle endorsement on your regular driver's license if you wish to ride in Florida. A motorcycle endorsement can be obtained after passing an approved 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 traffic speed.

Additional considerations include the mandatory use of turn signals when changing lanes or making turns, which helps increase visibility to other motorists, thereby reducing the risk of accidents. Moreover, Florida law mandates that motorcycle riders must have a working horn to signal their presence in traffic, ensuring that their bikes are equipped with a side mirror on each side for optimal visibility. Familiarity with these laws can prevent accidents and ensure a smoother riding experience across the state's extensive road network.

Is Lane-Splitting Legal in Daytona Beach?

In general, lane-splitting is 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 three 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 drives through higher-speed traffic, with the motorcycle staying primarily on the line and 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.” California is the only state that has legalized lane-splitting for motorcycles.

Daytona Beach's Reputation for Motorcycle Safety

Daytona Beach is renowned not just for its scenic routes but also for being a haven for motorcyclists. The city hosts various motorcycle events throughout the year, promoting safety and community among bikers. Events like Daytona Bike Week provide platforms where motorcyclists from different regions come together to discuss best safety practices, share personal experiences, and showcase innovations in motorcycle safety gear. Local law enforcement agencies also participate, offering workshops on safe riding techniques and the local traffic regulations bikers should know.

Moreover, the focus on community safety and participation extends beyond events. The city's infrastructure supports a motorcycle-friendly environment, with clearly marked motorcycle-only parking areas, dedicated lanes on certain busy streets, and an ongoing dialogue between local authorities and motorcycle enthusiasts to improve road conditions continually. Whether you are a seasoned rider or new to the community, Daytona Beach’s proactive stance on motorcycle safety is evident in its welcoming atmosphere and accessible resources for all riders.

Local Insurance Considerations & Coverage for Daytona Beach Bikers

Motorcycle insurance in Daytona Beach operates under Florida's state regulations, but local nuances can affect riders’ decisions on coverage. While Florida does not mandate motorcycle insurance for registration, carrying comprehensive coverage is often advisable, given the region's high volume of tourists and unique weather conditions, which can lead to unpredictable road scenarios. Additionally, higher liability coverage can protect against exorbitant medical expenses in the unfortunate event of an accident.

Riders often benefit from understanding their options for uninsured and underinsured motorist coverage, especially in an area frequented by tourists without adequate insurance. Daytona Beach sees a significant influx of visitors, particularly during events like Bike Week, making understanding and appropriate coverage even more critical. Moreover, consulting with a local insurance agent familiar with the area's road conditions and common accident trends can provide tailored advice, ensuring that motorcycle owners are compliant and adequately protected.

The Ongoing Debate over Motorcycle Helmet Safety

There is a split in the motorcycle community about the safety benefits of 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 helmet are marginal—some even 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 was enacted. However, states 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 helmets.

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. After hitting his brakes to avoid a collision, 55-year-old Philip Contos lost control of his 1983 Harley Davidson. As a result, Contos was launched over 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 lawyer now to schedule your free consultation and begin the journey toward recovery and justice. We're here to help you every step of the way.

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Injured Motorcyclists Face Unique Challenges

At Politis & Matovina, P.A., we understand motorcycle accidents are unlike other accidents. Several of our attorneys are riders, so we understand motorcyclists' unique challenges 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 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 the recipients of this unreasonable stereotype. We can use our personal experiences to our advantage by quickly crafting a convincing counterclaim.

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. We have helped these families obtain financial payment for their many losses through aggressive settlement negotiations or successful court representation.

You may be eligible for compensation such as the following:

• Property damage and loss of use: If your motorcycle is wrecked, it can be expensive to repair or replace. You can also seek damages for the inconveniences you have experienced by not having your 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. In some cases, the final cost of these forms of care can exceed the initial medical costs.
• 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 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 are shocking and frightening experiences that can lead to serious injury and the 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.

Essential 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 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.

Contact Our Daytona Beach Motorcycle Accident Attorney Today

Our Daytona Beach motorcycle accident attorneys are backed by 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 on a contingent fee basis. You are responsible for no legal fees unless we help you recover compensation for your losses.

Motorcycle Accident FAQs

What compensation can I receive after a motorcycle accident?

Depending on the specifics of your accident, you may be entitled to financial compensation for a range of economic and non-economic damages. These may include things like property damage and loss of use if your motorcycle is wrecked in the crash; medical bills for hospitalization, treatment, and future care; lost wages, income, and other employment benefits while you are out of work; lost future earnings and loss of earning capacity if your injuries result in a disability that affects or limits your employment; and pain and suffering, including compensation for emotional trauma, distress, and mental health conditions (such as PTSD) related to the crash.

What should I do if I was involved in a motorcycle accident?

There are several essential steps to take after a motorcycle accident. First, you should make sure you receive proper medical attention. Call 911 if necessary, and always seek medical care even if your injuries do not appear that serious. You should also contact the police and have them come to the accident scene. Take photos of the accident and your injuries and exchange information with others involved. Talk to witnesses who saw what happened and get their name(s) and contact information. You should also notify your insurance company about the accident as soon as possible, but refrain from speaking to anyone from the other driver’s insurance company until you have talked to a lawyer. Contacting an attorney after the accident is critical in protecting your rights and best interests.

Should I get a lawyer for a motorcycle accident?

You should contact a lawyer after a motorcycle accident. Filing a claim can be very complicated, and your focus should be on getting proper medical treatment and healing—not on negotiating with the insurance company. Motorcyclists often face an uphill battle when getting their claims paid. This is because insurance companies—and even the general public—often think of motorcyclists as dangerous, risk-taking drivers. They may look for ways to dispute or deny your claim, arguing by claiming that you negligently caused the accident. At Politis & Matovina, P.A., we know that most motorcyclists are cautious, skilled drivers. Our motorcycle accident attorneys are avid motorcyclists, and we are committed to fighting for the maximum compensation you are owed.

Will your claim take a long time to settle?

Many factors affect how long your motorcycle accident lawsuit will take. Sometimes, it may be possible to settle within 30 days up to 6 weeks; in other instances, a lawsuit could take months or even a couple of years. The insurance company’s willingness to settle, the settlement offered, the length of discovery, the success (or lack thereof) of alternative dispute resolution/arbitration, and whether your case proceeds to trial are some of the many factors that will determine how long your case will take.

Understanding the timeline for settlement can help manage expectations and prepare for the financial implications during the waiting period. Consulting with an attorney experienced in negotiating settlements and representing clients in court can provide valuable insights into what you should anticipate regarding settlement timelines. Additionally, having comprehensive documentation of the accident and medical evidence ready can expedite the process.

What should I do if I see a motorcycle accident?

If you witness a motorcycle accident, try to stop at the scene. Pull your vehicle over to a safe place and call 911 right away. Then, remain at the scene until paramedics and/or the police arrive. Check the involved parties for injuries, but do NOT move anyone who appears seriously injured unless they are in immediate danger. If you can safely do so, try to secure the scene to help prevent additional accidents. You can also take pictures of the accident from all angles, including pictures of the vehicles involved and drivers’ and/or passengers’ injuries. When the police arrive, tell them everything you saw leading up to the accident, including the actions of both drivers, the location of the crash, whether any other vehicles were involved without making physical contact, etc. The motorcyclist will likely be too injured to provide this information, so you must step in and assist them. If you can, try to identify other witnesses, get their contact information, and provide your contact information to the police.

How does the weather affect motorcycle accidents in Daytona Beach?

Weather is a critical factor affecting motorcycle safety in Daytona Beach. The region's subtropical climate results in frequent sudden weather changes, including heavy rainstorms, which can drastically impact road conditions. Wet or slick roads increase the risk of losing traction, which is particularly hazardous for motorcycles due to their two-wheel design. Rain also affects visibility for riders and other road users, increasing the likelihood of collisions.

To mitigate these risks, local motorcyclists should ensure their tires are in excellent condition to handle slippery roads and that their lights are fully operational to enhance visibility. Reflective gear is also advisable for riding during rainy conditions. Awareness of weather forecasts is essential; planning trips around adverse conditions can significantly enhance safety. Additionally, attending local safety courses can provide techniques for safely navigating inclement weather, bolstering the preparedness of both new and experienced riders.

Related Reading

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