5.0 of 2,000+ Reviews on Google
Riders know the feeling of a car drifting toward their lane, and when a driver finally does turn or merge into a motorcycle, the rider pays the price. Frankl Kominsky Injury Lawyers represents motorcyclists hurt in Palm Beach County, and we know how quickly insurers try to pin a crash on the person on the bike. If you need a West Palm Beach motorcycle accident lawyer, our team is available 24/7 for a free case review, and you pay no attorney fees unless we recover compensation.
We build motorcycle claims around the facts that matter to riders: sightlines, lane position, gear, and the bias riders face from adjusters. Call 561-800-8000 to talk with our motorcycle crash team today.
Why a Motorcycle Crash Claim Needs a Rider-Focused Approach
A motorcycle crash claim in West Palm Beach follows different insurance rules and faces different arguments than a car accident claim. A lawyer who treats your case like a fender bender misses the issues that decide how much a rider recovers.
Motorcycle claims stand apart in four ways:
- Florida's personal injury protection (PIP) system does not cover motorcycles, so your medical bills depend on other coverage from day one.
- Riders suffer more serious injuries, such as fractures, road rash, and traumatic brain injuries, which raises the value and the scrutiny of the claim.
- Insurers lean on stereotypes about speeding and risk-taking to shift blame onto the rider.
- Helmet use, lane position, and licensing all become talking points in negotiations.
Our team prepares for each of these issues from the first day, so the insurer's arguments do not catch you off guard.
How Do We Prove a Driver Caused Your Motorcycle Crash?
We prove fault in a West Palm Beach motorcycle crash by showing what the driver failed to do and backing it with physical and digital evidence. Most motorcycle collisions with cars come down to a driver's failure to look for, see, or yield to a rider.
Left-Turn Crashes and the "I Never Saw the Motorcycle" Defense
Left-turn collisions are among the most common motorcycle crashes we handle. Under section 316.122 of the Florida Statutes, a driver turning left must yield to oncoming vehicles that are close enough to pose an immediate hazard, and a motorcycle counts as a vehicle like any other.
Drivers often say they never saw the rider. That statement is not a defense; it is frequently an admission that the driver failed to look carefully before turning.
Lane Changes and Blind Spots
Drivers who change lanes on I-95 or Okeechobee Boulevard without checking mirrors may sweep a rider off the road. A motorcycle is entitled to the full use of its lane, so a driver who crowds or cuts into that space bears responsibility for the result.
Evidence That Tells the Rider's Side
Physical evidence often speaks louder than a driver's version of events. In motorcycle cases, we look for:
- Helmet camera or dashcam footage
- Damage patterns on the motorcycle and the other vehicle
- Skid marks, gouges, and debris locations on the roadway
- Traffic and business surveillance video along the route
- Witness statements and 911 recordings
- Phone records showing whether the driver was distracted
Video and data may disappear within days, so we move quickly to preserve them.
Is Lane Splitting Legal in Florida? Riding Rules Insurers Raise
Lane splitting is illegal in Florida, and insurers often raise it and other riding rules to argue a rider shares the blame. Some of these rules affect fault, while others have little to do with how a crash happened.
| Riding rule | Florida statute | How it may come up in your claim |
|---|---|---|
| No riding between lanes or rows of traffic (lane splitting) | Section 316.209(3) | A rider who was lane splitting may face a fault reduction |
| Up to two motorcycles may ride side by side in one lane | Section 316.209(4) | Riding two abreast is legal and is not a fault factor on its own |
| Riders over 21 may skip a helmet if they carry at least $10,000 in medical benefits | Section 316.211(3)(b) | Insurers may argue a helmet might have reduced head injuries |
| Eye protection is required for every operator | Section 316.211(2) | Rarely related to how a crash happened |
| A motorcycle endorsement is required to operate a motorcycle | Section 322.03(5) | A licensing violation does not by itself prove a rider caused a crash |
Florida law draws no separate exception for lane filtering, the practice of moving between stopped cars at a light, so riders face the same restriction in slow or stopped traffic. Even so, a rule violation matters only if it actually contributed to the crash or the injuries. We push back when an insurer uses a technicality to lower the value of a legitimate claim.
How Do Fault Percentages Change a West Palm Beach Motorcycle Claim?
Florida's modified comparative negligence rule reduces a rider's compensation by their share of fault and bars recovery entirely above 50%. That rule, found in section 768.81(6), gives insurers a strong reason to exaggerate a rider's role in a crash.
A Worked Example
Picture a rider with $250,000 in damages after a driver turns left across their path. If the jury decides the rider was going slightly over the speed limit and assigns 15% of the fault to the rider, the recovery becomes $212,500. If the insurer convinces a jury the rider was 51% at fault, the recovery drops to nothing.
Small shifts in fault percentages carry large dollar consequences. Strong evidence about speed, sightlines, and the driver's actions keeps the focus where it belongs.
What Is a West Palm Beach Motorcycle Accident Claim Worth?
A West Palm Beach motorcycle accident claim is worth the total of your financial losses and personal losses, limited in practice by the insurance coverage available. Serious rider injuries often push claims well beyond the at-fault driver's minimum coverage, which is why we look at every policy that may apply.
Medical Care Now and Later
Motorcycle injuries frequently require surgery, skin grafts for road rash, physical therapy, and long-term care. We work with your doctors to document not only the bills you have today but the care you may need years from now.
Your Motorcycle and Riding Gear
Your claim includes the cost to repair or replace your motorcycle, along with your helmet, jacket, gloves, boots, and any aftermarket equipment. Custom parts and accessories often carry real value that a quick adjuster estimate overlooks.
Punitive Damages for Reckless Drivers
When a driver's conduct crosses into gross negligence, such as a crash caused by an extremely impaired driver, Florida law may allow punitive damages under section 768.73. These damages require court approval and clear and convincing evidence, and they are generally capped at three times compensatory damages or $500,000, whichever is greater.
How Long Do You Have to File After a Motorcycle Crash in Florida?
Most injured riders in Florida have two years from the crash to file a negligence lawsuit under section 95.11(5)(a).
Wrongful Death and Government Claims
Families pursuing a wrongful death claim after a fatal motorcycle crash also have two years from the date of death. Claims against a government agency involve separate notice requirements, so early legal advice protects your options.
Recent Results for Our Injured Clients
Our firm has recovered over $250 million for people hurt by negligence. Results like these reflect injuries common in serious motorcycle crashes, though none is presented here as a motorcycle case:
- $3,600,000 for a brain injury, hand fracture, and multiple lacerations
- $1,260,000 for a brain injury, skull fracture, and hand fracture
- $1,000,000 for facial injuries, a hand fracture, a facial fracture, and spine injuries
Every case turns on its own facts, and past results do not predict the outcome of a future claim.
Why West Palm Beach Riders Choose Frankl Kominsky
West Palm Beach riders choose Frankl Kominsky Injury Lawyers because we treat motorcyclists with respect and treat their claims with urgency. Our Boynton Beach office is a short drive south of downtown West Palm Beach, and you may start your case with a phone call from home or the hospital.
Riders who work with us get:
- A lawyer who leads the case personally rather than handing it off
- 60+ years of combined injury law experience across our team
- Over 2,000 verified client reviews
- Staff fluent in Spanish and Creole
- Free consultations, available 24/7
Our team checks in with clients throughout the case, not just when a document needs a signature, because that kind of attention matters when you are recovering from a serious crash and trying to make sense of the insurance process.
FAQs: West Palm Beach Motorcycle Accidents
What if the driver who hit my motorcycle fled the scene?
If a hit-and-run driver struck your motorcycle in West Palm Beach, your own uninsured motorist (UM) coverage may pay for your injuries, since UM policies typically extend to crashes caused by drivers who cannot be identified. Policy terms vary. Report the crash to police right away and keep any photos or witness information, because UM claims still require proof of what happened.
What if a pothole or road defect caused my motorcycle crash?
A rider hurt by a dangerous road condition in Florida may have a claim against the government agency responsible for maintaining the road. Under section 768.28, you must present a written claim to the agency and the Florida Department of Financial Services within three years, and recovery is generally capped at $200,000 per person and $300,000 per incident.
Do I need a lawyer if the other driver's insurance company accepted fault?
An accepted fault decision does not mean the insurer plans to pay the full value of a motorcycle injury claim. Adjusters often accept fault quickly and then dispute the cost of treatment, the need for future care, or the permanence of your injuries, which is where most of the value in a serious claim sits.
Is it worth hiring a lawyer for a minor motorcycle accident?
For a West Palm Beach motorcycle crash with only minor property damage and no injuries, you may be able to resolve the claim yourself. Injuries that seem minor at first, such as back pain or a concussion, sometimes worsen over the following weeks, so a free consultation helps you understand your options before you accept an offer.
When is the right time to call a motorcycle accident lawyer?
The right time to call a motorcycle accident lawyer in West Palm Beach is as soon as you have received medical care. Early contact gives your lawyer the chance to preserve video, inspect your motorcycle before repairs, and handle insurer calls before you make a statement that hurts your claim.
Ride Forward With Frankl Kominsky on Your Side
Riders too often get blamed for crashes they didn't cause, and the insurance company is counting on that bias to shrink your claim. The driver who turned in front of you already has an adjuster telling their version of the story.
Frankl Kominsky Injury Lawyers builds motorcycle cases on evidence: the video, the damage to your bike, the witnesses, and your medical records. We push back when insurers lean on stereotypes, and we prepare every case for trial.
Call 561-800-8000 for a free consultation with a West Palm Beach motorcycle accident lawyer, available 24/7, and get your side of the story told.
