The hours and days after a motorcycle crash are disorienting. You may be hurt, your bike may be destroyed, and insurers may start calling before you have had time to think. The steps below protect your health first and your claim second, and they reflect the issues that most often decide motorcycle cases in Florida.
At the Scene
If you can, call 911. A law enforcement crash report documents the parties, insurance information, and the officer’s observations. Under Florida law, crash reports are generally privileged and cannot be used as evidence of fault at trial, but they remain an essential starting point for the investigation.
If you are able to move safely, photograph the vehicles where they came to rest, the road surface, skid marks, debris, traffic signals, and your injuries. Get names and phone numbers of witnesses. People stopped at an intersection often saw exactly what happened and leave before officers can speak with them.
Do not argue about fault at the scene, and do not apologize as a reflex. Statements made in the moment are often repeated later out of context.
Get Medical Care Promptly
Adrenaline masks injuries. Riders who feel shaken but functional at the scene often discover fractures, ligament injuries, or concussion symptoms hours or days later. Get evaluated the same day if possible, follow through with recommended treatment, and keep every bill and record. Gaps in treatment are one of the most common reasons insurers discount injury claims.
Remember that PIP does not cover motorcycle crashes. Give providers your health insurance and any medical payments coverage information, and tell them the injury came from a motorcycle crash.
Preserve the Evidence That Disappears
Helmet Camera and Dashcam Footage
Many riders now ride with helmet cameras. Download and back up footage immediately. Many devices loop and overwrite older files, and a single ride can erase the most important evidence you have.
Third-Party Video
Businesses, homes, and traffic systems near the crash may have recorded it. Much of that footage is overwritten within days or weeks. Written preservation requests should go out as soon as possible.
Your Bike and Gear
Do not repair, sell, or let the insurer salvage the motorcycle before it has been photographed and, if necessary, inspected. Keep your helmet, jacket, gloves, boots, and pants as they are. Damage to gear helps show the mechanics of the crash.
Be Careful With Insurers
The other driver’s insurer may ask for a recorded statement. You are not required to give one to the other driver’s insurer. Your own policy may require cooperation with your insurer, but it is reasonable to consult a lawyer first. Do not sign medical authorizations giving unlimited access to your history without understanding their scope.
Track Your Losses
Keep a simple file: medical bills, mileage to appointments, missed work, receipts for gear and equipment, and notes about how injuries affect daily life. This documentation supports both economic and non-economic damages.
Frequently Asked Questions
Should I call the police after a minor motorcycle crash?
Yes. A crash report documents insurance and party information, and injuries in motorcycle crashes are often worse than they first appear.
Do I have to give the other driver’s insurer a recorded statement?
No. You have no obligation to give a recorded statement to the other driver’s insurer. Speaking with a lawyer first is often wise.
How long should I keep my damaged gear?
Until your claim is fully resolved. Helmets and protective gear can be important evidence of how the crash happened and the forces involved.
How soon should I talk to a lawyer?
As soon as practical. Video evidence is often overwritten quickly, and Florida’s two-year statute of limitations for most negligence claims leaves less time than many riders expect.
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.