In March 2023, Florida changed one of the most important rules in injury law. Before HB 837, an injured person could recover something even if mostly at fault. Now, under section 768.81(6) of the Florida Statutes, a plaintiff found more than 50% at fault recovers nothing. For motorcyclists, who often face insurers eager to blame the rider, that change raised the stakes of every fault argument.
How the Rule Works
Florida now follows modified comparative negligence. A jury assigns a percentage of fault to each party, and the outcome follows from the rider’s share:
- At 0%, the rider recovers full damages.
- From 1% to 50%, damages are reduced by the rider’s percentage. A rider with $200,000 in damages found 20% at fault recovers $160,000.
- Above 50%, the rider recovers nothing.
The line between 50% and 51% is the difference between a reduced recovery and none at all. In a motorcycle case, that line is often what the insurer is aiming for.
Common Ways Insurers Shift Fault to Riders
The arguments we see repeatedly include:
- Speed: the rider was going too fast to avoid the crash.
- Visibility: dark clothing, no lights on, or riding at dusk.
- Lane position: riding in a blind spot, filtering between cars, or riding too close to the center line.
- Experience: no motorcycle endorsement or limited riding history.
- Helmet use: offered as a damages argument even though it did not cause the crash.
Some of these arguments are legitimate when the facts support them. Many are not. A rider without an endorsement who is stopped at a red light when rear-ended did nothing to cause that crash. The question is always causation: did the rider’s conduct actually contribute to how the crash happened?
Fault Is Decided by Evidence
The way to answer a fault argument is to build the factual record early. Scene photographs, video, reconstruction, vehicle data, witness testimony, and the physical evidence on the bike and gear all bear on fault. Depositions of the other driver often reveal distraction, impairment, or admissions that change the fault picture.
We saw this dynamic in a bicycle case the firm recently resolved for $500,000. The defense initially blamed the cyclist. After depositions, the evidence pointed the other way. Every case is different and past results do not guarantee future outcomes, but the pattern is common: initial blame on the vulnerable road user often does not survive the evidence.
Frequently Asked Questions
Can I recover if I was partly at fault for my motorcycle crash?
Yes, if your share of fault is 50% or less. Your recovery is reduced by your percentage of fault.
What happens if I’m found 51% at fault?
Under section 768.81(6), you recover nothing from the other parties. This is why fault allocation is often the most important issue in a motorcycle case.
Who decides the percentage of fault?
In a lawsuit, the jury decides. Before trial, insurers assign their own estimates when evaluating a claim, and those estimates drive settlement offers.
Does the 51% rule apply to every injury case?
It applies to most negligence cases in Florida. Medical negligence cases are excluded from the modified comparative fault rule.
Working With Licznerski Law, PLLC
Licznerski Law, PLLC is a boutique personal injury and insurance law firm based in Oldsmar, serving riders throughout Hillsborough, Pinellas, Pasco, Hernando, Citrus, Sumter, and surrounding counties, and statewide. When you hire the firm, Alexander Licznerski handles your case personally. Your calls and questions go to your attorney, not a rotating case manager, and the firm keeps a selective caseload so each case gets real attention.
Motorcycle cases also draw on the firm’s insurance coverage and PIP litigation practice. Because riders have no PIP, finding every available source of coverage, including UM, medical payments, household policies, and responsible third parties, is often what determines whether a serious injury is fully compensated.
Motorcycle injury cases are handled on a contingency fee. The written fee agreement explains the percentage and how case costs are handled, including whether you could be responsible for any costs, before you sign anything.
A candid note on HB 837: The 2023 tort reform law changed several rules that matter to injured riders. It shortened the general negligence deadline to two years, adopted the rule that bars recovery for a plaintiff found more than 50% at fault, changed how medical expenses are proven at trial, and eliminated the automatic attorney’s fee award that once applied when an insured successfully sued their own auto insurer. Those changes make early investigation and realistic case evaluation more important, and the firm will tell you plainly how they apply to your situation.
Talk to Your Attorney Directly
If you or someone in your family was hurt in a motorcycle crash anywhere in the Tampa Bay area, you can speak directly with attorney Alexander Licznerski about what happened and what options may be available.
Licznerski Law, PLLC | Oldsmar, Florida
Phone: 813-934-3519 | Web: licznerskilaw.com | Email: [email protected]
Boutique Representation. Real Results. Your Attorney, Not a Case Number.
This article provides general information about Florida law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.