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Any type of accident can result in severe injuries, but motorcycle crashes put the rider in most danger. While typical vehicles provide more protection and safety features, motorcycles leave the rider exposed to extreme force with no cushion between them and the road. Such accidents can result in life-long injuries, disabilities, and even death.

Sadly, one of the leading causes of motorcycle collisions is distracted driving. When vehicle drivers don’t give their full attention to the road, motorcycle riders can often suffer as a result. Clark, Fountain, La Vista, Prather & Littky-Rubin proudly advocates for motorcycle accident victims in Florida. Our West Palm Beach motorcycle accident lawyers know how to develop strong and compelling cases on behalf of our clients.


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  1. Many of our lawyers are board certified
  2. Over 200 years of collective legal experience
  3. $1 billion in verdicts and settlements for past clients
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  5. Highly individualized attention to each clients’ specific needs

You deserve seasoned litigation that cares about you and your life—call 561-899-2100 for a free case consultation!

Determining if You Have a Valid Motorcycle Injury Lawsuit

Motorcycle accidents can be caused by a number of different issues. Of those involving another motor vehicle, cars making left-hand turns account for 42% of all accidents. Head-on collisions are also very common, accounting for 56% of all motorcycle accident fatalities. Road hazards or other factors may also lead to an accident. If one of these factors caused your injuries, you may be wondering if you have a claim to pursue damages. One element that must be proven in these cases is the other party’s negligence.

The following are examples of negligence that may be involved in such accidents:

  • Manufacturer failed to properly test or update parts
  • Driver was texting or talking on the phone and not paying attention to the road
  • Road hazards or construction work was not properly cleared or marked
  • Highway defects that should have been repaired
  • Driver changing lanes without looking for a motorcycle
  • Speeding
  • Alcohol use by another driver
  • Driver making a left-hand turn without checking for motorcyclist
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While the other party can be held liable in most of these scenarios, if the motorcycle rider was speeding, in the wrong lane, or committing some other type of traffic infraction, they may be considered partially at fault.

Proving Negligence in Motorcycle Accidents

While some states require all drivers to carry “no-fault” or personal injury protection (PIP) insurance, Florida is not one of them. Only car and truck drivers (vehicles with four or more wheels) are required to carry PIP insurance in Florida. As a result, many Florida motorcyclists do not have PIP insurance, which means you will likely need to prove the other motorist was at fault in order to receive any compensation from their insurance company.

If you sustained permanent or disfiguring injuries in your crash, you could be eligible to pursue a personal injury lawsuit, as defined under Florida Statute 627.737 (2). Florida uses a “pure comparative negligence” system, which means you can still recover monetary damages for your injuries, even if you were partially responsible for your motorcycle crash. Your claim will simply be reduced by the total percentage you were found at fault. For example, if you are found to be 95% at fault, you could still collect the remaining five percent of your total claim. When proving negligence, your West Palm Beach motorcycle accident lawyer will need to show the following:

  • That the other driver had a “duty of care” toward you, the motorcycle rider;
  • That the other driver failed to observe that duty of care, whether by driving under the influence or disobeying traffic laws, etc.;
  • That the other driver directly caused your injuries as a result of this failure, and;
  • That you have clear financial losses and physical harm as a result of the accident.

You deserve seasoned litigation that cares about you and your life—call 561-899-2100 for a free case consultation!

Depending on the degree to which these arguments are evident to the jury or judge, you may collect a significant portion of your claimed amount, or you may collect nothing at all for your injuries. At Clark, Fountain, La Vista, Prather & Littky-Rubin, our skilled motorcycle accident team won’t stop at a settlement if it’s not in your best interest. We have the knowledge and the ability to take your case through to trial, exercising more than 200 years of combined experience to fight on your behalf and seek the compensation you deserve.

Let us get started building your case. Fill out our case evaluation form or call us at 561-899-2100.