Fighting the "Reckless Biker" Stereotype in Miami Motorcycle Injury Cases

You are riding your cruiser down the MacArthur Causeway, enjoying the view of the port, when a distracted driver in a Range Rover changes lanes right into you.

You wake up in the hospital, and the police report says "Driver 1 (The Car) states Driver 2 (The Bike) was speeding." Just like that, you are fighting an uphill battle.

The Jury Bias There is a pervasive bias against bikers in South Florida. People assume if you are on two wheels, you are reckless. Insurance adjusters know this. They use this prejudice to devalue your claim, offering pennies on the dollar because they think a jury won't sympathize with you.

** PIP Does Not Apply** Here is a critical distinction: Florida’s Personal Injury Protection (PIP) coverage—the $10,000 that covers car accident medical bills regardless of fault—does not apply to motorcycles. This means you are on the hook for your medical bills from day one unless you have specific medical payments coverage or health insurance. It makes recovering money from the at-fault driver even more urgent.

Helmet Laws and Comparative Negligence Florida has a comparative negligence standard. If you were not wearing a helmet, the defense will argue that your injuries are your own fault. However, if you are over 21 and have the requisite insurance, you are legally allowed to ride without a helmet. We argue that your legal right to ride without a helmet cannot be used to excuse their negligence in hitting you.

Using Science to Win We do not rely on "he-said, she-said." We use:

• Skid Mark Analysis: To prove you braked and tried to avoid the collision.
• ECU Data: Modern bikes have computers that record speed and throttle position.
• Bio-mechanics: We hire experts to show how your body moved during the impact to prove the angle of the collision.

Motorcycle cases require a different playbook than car accidents. Check the safety stats at Ride Smart Florida and make sure you have a legal team that rides with you.