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The Boca Raton Motorcycle Accident Lawyer at Hersh Kirtman Injury Law can help you if you or a loved one has been injured or killed in a motorcycle accident in Florida. Riding a motorcycle can be exhilarating, economical and environmentally friendly compared to driving a car, but it is far more dangerous. Motorcycle riders are anywhere from 28 to 36 times more likely to die in a vehicle collision than people traveling in a car. In 2021, 621 people lost their lives to motorcycle accidents in Florida, and 7,397 more were injured. In Palm Beach County alone, there were 386 motorcycle crashes in 2021, causing 29 fatalities and 314 injuries, according to Florida Highway Safety and Motor Vehicles report.
Boca Raton motorcycle accidents are frequently caused by distracted and drunk drivers, posing a heightened risk to motorcyclists due to inattentiveness and impaired judgement. Proving distracted driving as the cause of an accident can be particularly challenging.
Hersh Kirtman Injury Law will be there by your side after your motorcycle crash. We will guide you through the medical and legal processes and help you through this difficult time while seeking to maximize the financial compensation you receive for the damages caused to you and your loved ones. Contact our experienced Boca Raton personal injury lawyers today.
Florida motorcycle helmet laws vary depending on the age of the rider. For riders over 21 years old who carry at least $10,000 in medical insurance coverage, wearing a helmet is not mandatory. However, these riders must wear protective eyewear while operating a motorcycle. For riders under 21 years old, Florida law requires them to wear helmets that meet the Department of Transportation (DOT) standards. The helmet must be securely fastened and have a chin strap. Motorcyclists must be aware of and comply with these regulations to ensure their safety and legal compliance while riding in Florida.
While Florida law does not require a helmet in every scenario, not wearing a helmet may result in a reduced recovery, or no recovery, in the event of a crash resulting in physical harm or death. Florida law has comparative fault laws that reduce a victim’s recovery if the victim is found to be partially or entirely at fault. Following a crash resulting in a harm, the insurance company, defendants, and ultimately the jury, will consider whether the victim took any action that was itself unreasonable and negligent, contributing to the harm. When motorcycle riders do not wear helmets and suffer injuries to their head or face, they are often found comparatively at fault, particularly when a helmet would have prevented some or all of the injuries.
Wearing a helmet is the safe thing to do, and so no matter what is required, we always recommend wearing a helmet–it can save your life.
If a motorcycle crash was caused by the negligence of another party, injured motorcyclists can pursue a personal injury claim to seek compensation for their damages. These damages may include medical expenses, lost wages, pain and suffering, and property damage. It is crucial to gather evidence such as police reports, witness statements, medical records, and photographs to support the motorcycle accident claim.
Motorcycle accident victims may also be eligible for compensation through their own insurance policies. Florida law requires all motorists to carry personal injury protection (PIP) coverage, which provides benefits for medical expenses and lost wages regardless of fault. Additionally, uninsured/underinsured motorist (UM/UIM) coverage can provide compensation if the at-fault driver does not have adequate insurance coverage.
In cases where the motorcycle accident results in severe injuries or wrongful death, seeking compensation through a personal injury lawsuit or wrongful death claim may be necessary to try and recover the critical compensation needed to assist in recovery and financial losses. It is important to file a motorcycle accident lawsuit within the statute of limitations in Florida to ensure your right to seek compensation is preserved.
Consulting with a Boca Raton Motorcycle Accident Lawyer is highly recommended to navigate the legal process, assess the claim’s value, negotiate with insurance companies, and represent the injured party’s best interests in court if needed.
Motorcycle accidents lead to various motorcycle injuries that cause financial, physical, and mental hardships. Common motorcycle accident injuries that riders sustain include:
It’s crucial for motorcycle accident victims to seek immediate medical attention to assess and treat their injuries. Additionally, consulting with a personal injury attorney experienced in motorcycle accidents can help victims understand their legal rights and pursue compensation for their injuries, medical expenses, lost wages, and pain and suffering.
Personal Injury Lawyers in Boca Raton
At Hersh Kirtman Injury Law, we turn adversity into justice through trust and relentless advocacy. With decades of experience, we don’t just handle cases—we redefine outcomes. Your recovery starts with a conversation. Call us today for a free, no-obligation consultation—because you deserve a team that fights as hard as you do.
The leading causes of motorcycle accidents include the negligence of the rider, another driver’s negligence, or road construction defects. Unlike an auto accident, when injured drivers are hurt in a motorcycle crash, they cannot turn to their personal injury protection (PIP) coverage to cover their medical expenses and lost wages caused by the crash. Instead, motorcycle crash victims seeking compensation must pursue legal action against the party or parties that caused their injuries. In doing so, they may potentially recover past and future medical bills, lost income, and compensation for pain, suffering, mental anguish, and inconvenience caused by the crash. Hersh Kirtman Injury Law represents injury victims in these claims against negligent drivers and others that harm motorcyclists, and we help them recover significant compensation to deal with the harm inflicted on them.
Sadly, injured riders often suffer serious injuries, sometimes leading to death. This makes pursuing a claim and pursuing the right claim that much more important. If a rider or passenger is left with a brain injury, amputation, or other catastrophic injury, obtaining compensation might be crucial to providing necessary future medical care and financial security in the absence of future wages. Consulting with a Boca Raton Motorcycle Accident Lawyer can be vital in demonstrating non-economic losses and investigating potential sources of liability. Insurance companies defend claims by motorcycle riders aggressively, playing into the bias many jurors have against motorcyclists. The Boca Raton Motorcycle Accident Lawyers at Hersh Kirtman Injury Law know how to handle that bias, as well as several other complexities often found in motorcycle crash cases, including issues relating to helmets, facial fractures when a helmet was worn, and defects in the helmet or motorcycle.
Motorcycles are more sensitive to potholes, cracks, and other road defects. When defects in road construction are to blame for a motorcycle accident, our lawyers work to identify the road agency or contractor responsible for the negligent design, construction or maintenance that is responsible for the crash. Boca Raton Motorcycle Accident Lawyers have expertise in this area and have achieved several multi-million dollar results for accident victims injured due to road construction defects. If a road is unsafe due to the way it was designed or built, such as with substandard materials or blind curves, or if it was negligently maintained with improper or obstructed signage or surface defects, additional avenues of recourse and compensation may exist. We will investigate those avenues and pursue claims on your behalf holding road designers and contractors accountable when their negligence plays a role in the motorcycle crash.
Hersh Kirtman Injury Law can help if you’ve been injured in a motorcycle accident in Palm Beach County or if you lost a loved one in a fatal motorcycle crash. Our Boca Raton Motorcycle Accident Lawyers work with you personally from your first meeting all the way through to the successful resolution of your case. We are your attorneys, counselors, advocates and friends, committed to getting you the best result we can. Contact our experienced Boca Raton Motorcycle Accident Lawyer today.
Hersh Kirtman Injury Law is here to help you pursue the maximum compensation you deserve. Reach out to our Boca Raton Motorcycle Accident Lawyer at (561) 208-3700 to explore your legal options. Your initial case evaluation is free!
Founding Partner
A passionate advocate for injury victims, Michael transitioned from corporate law to fighting for individuals after a pivotal case defending an elderly couple. With over $100M in verdicts and settlements, he specializes in catastrophic injury and wrongful death cases, using his Trial Lawyers College training to powerfully tell clients’ stories.
Years of experience – Over 15 years
Elite Trial Advocate – Graduate, Trial Lawyers College
$35M Record Verdict – Catastrophic auto accident case
If you are involved in a motorcycle accident, the first priority is to seek medical attention. Even if you feel fine, some injuries may not be immediately apparent. After that, gather evidence such as photos, witness statements, and police reports. It’s crucial to contact an experienced Boca Raton Motorcycle Accident Lawyer to discuss your case and explore legal options for seeking compensation.
In Florida, helmet laws vary by age. Riders over 21 are not required to wear helmets if they carry at least $10,000 in medical insurance, but they must wear protective eyewear. Riders under 21 must wear helmets that meet Department of Transportation (DOT) standards. However, wearing a helmet is always recommended, as it can help prevent serious head injuries.
Motorcycle accidents can result in a variety of injuries, including traumatic brain injuries (TBIs), fractures, road rash, spinal cord injuries, soft tissue damage, internal injuries, and emotional trauma such as PTSD. These injuries can lead to long-term medical costs, physical pain, and emotional distress, so it’s essential to seek immediate medical attention and consult with an attorney.
Motorcycle accidents are often caused by the negligence of other drivers, distracted driving, drunk driving, or road defects. Additionally, motorcyclists are more vulnerable to road hazards like potholes, cracks, and uneven surfaces. If road defects are involved, a lawyer may be able to pursue claims against the responsible party, such as the government or contractor.
Florida law generally allows injured victims two years from the date of the accident to file a personal injury lawsuit. This deadline, known as the statute of limitations, applies to most negligence-based motorcycle accident claims. Missing this timeframe can prevent recovery altogether.
Fault is determined by examining evidence that shows how the collision occurred and whether a party acted negligently. This may include police reports, witness statements, traffic camera footage, crash scene analysis, and expert reconstruction.
Florida follows a modified comparative negligence system. Each party’s percentage of fault is evaluated, and compensation may be reduced accordingly. Insurance companies often attempt to shift blame onto motorcyclists, so building a well-supported liability case is critical. Careful investigation helps establish whether the driver failed to yield, was distracted, sped, or violated traffic laws.
Florida law requires helmets for riders under 21. Riders over 21 may legally operate a motorcycle without a helmet if they carry the required insurance coverage. Not wearing a helmet does not automatically bar recovery.
However, the defense may argue that the lack of a helmet contributed to certain injuries, particularly head trauma. In those situations, a court or jury may evaluate whether the injuries would have been less severe if a helmet had been worn. Compensation could be adjusted based on comparative fault principles, but recovery for other damages, such as fractures or spinal injuries, may still be available.
Drivers frequently claim they “did not see” a motorcycle before turning or changing lanes. This statement does not eliminate responsibility. Motorists have a legal duty to remain attentive and to check their surroundings before maneuvering.
Failure to observe a motorcycle often results from distracted driving, improper lane changes, or failure to yield at intersections. Evidence such as skid marks, vehicle damage, electronic data, and witness accounts can demonstrate whether the driver exercised reasonable care. Visibility arguments are common in motorcycle cases, and a thorough investigation is essential to counter them effectively.
Florida’s modified comparative negligence system allows injured individuals to recover compensation so long as they are not found more than 50% responsible for the crash.
When fault is shared, damages are reduced by the assigned percentage.
Motorcycle insurance operates differently from standard automobile coverage in Florida. Motorcyclists are not covered by Personal Injury Protection benefits in the same way as drivers of passenger vehicles. As a result, injured riders often rely on bodily injury coverage carried by the at-fault driver, along with any optional coverage they have purchased.
Depending on the policy limits involved, available insurance may not fully compensate for severe injuries such as traumatic brain injuries, spinal cord damage, or multiple fractures.
Motorcycle accident claims require careful preparation, especially when serious injuries are involved. A Boca Raton motorcycle accident lawyer investigates the crash, preserves evidence, evaluates damages, and builds a claim that reflects the full impact of your losses.
Insurance companies often attempt to limit payouts. At Hersh Kirtman, we develop strong, well-supported cases designed to position injured riders for meaningful recovery, whether through negotiation or trial.
Michael and his team were nothing but helpful in my long and stressful case. Any time I had any questions or needed anything, they were always extremely quick to answer my questions. Deana was also a huge help! I am also very pleased with the outcome of my situation, it was my first time involved in any sort of injury case like this and they made it as easy as possible. Thank you guys again!
Absolutely amazing experience with this firm. Michael Hersch was a pleasure to work with. He was extremely transparent, communicated regularly with updates and worked tirelessly to ensure that I received what I deserved. I cannot say enough about how positive my experience was with this firm. Highly, highly recommend!
The Law Office of Hersh Kirtmam has handled my family with complete professionalism and great compassion during a difficult time in our lives, from the first meeting we knew that had a team that fight for us ! Thank you Hersh Kirtman .
BEST LAWYER HANDS DOWN!! If you’re ever in need of one please don’t hesitate to contact this lawfirm. I am very pleased and happy with the result of my case all thanks to the hersh kirtman injury lawfirm.
I would recommend Hersh Kirtman Injury Law without any hesitation or reservations. Mr. Hersh is the attorney who handled my case. He worked tirelessly on my behalf to bring closure and a very positive outcome. Mr. Hersh’s front office were always very supportive and helpful. If Mr. Hersh was not available when I called, they always got an answer to my question and called me back without delay. Hersh Kirtman is the Injury Law firm to call.
I cannot recommend this firm enough. Michael and his team were incredibly knowledgeable, thorough and helpful throughout the entire legal process. Although my husband and I required his services due to unfortunate circumstances, we are both grateful to have met Mr. Hersh. If you’re in need of a personal injury attorney, look no further. Hersh Kirtman Law is the best!
For over a decade, Ian has fought for victims of catastrophic injuries in auto accidents, medical malpractice, and premises liability cases—securing life-changing results like a 4.35 M store front crash verdict and 4M medical malpractice settlement.
Active leader in Florida’s legal community (Florida Justice Association, Palm Beach County Justice Association) and UM Law alum with trial honors. Devotes personal time to Becca’s Closet charity and family in Delray Beach.
Recognized Excellence:
– AV Preeminent® Rated (Martindale-Hubbell’s highest honor)
– Top 40 Under 40 (National Trial Lawyers)
– Rising Star (Super Lawyers)
This page was written, edited, and reviewed by a team of legal writers in accordance with our comprehensive editorial guidelines. It was approved by Attorneys Michael Hersh and Ian Kirtman, who have more than 20 years of experience as personal injury attorneys.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 561-208-3700
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