Does Duncan Injury Group handle motorcycle accident cases in Texas and Arizona?

Yes. Duncan Injury Group is licensed and actively practicing in Florida, Texas, and Arizona. Each state has important motorcycle-specific legal nuances including Florida's unique helmet law, Texas's comparative fault rules, and Arizona's pure comparative fault standard. Free consultations in all three states with no fees unless we win.

Practice Areas

Motorcycle Accident Injuries

Why DIG Law For Your Motorcycle Accident Case? Simple.

Given the likelihood of massive injuries that can result from a motorcycle crash, our firm prides itself on the importance of swift and effective legal action, to obtain and/or preserve the evidence necessary to zealously advocate for our clients and win their motorcycle accident cases. With issues like required eye protection, missing helmet, and driver’s license motorcycle endorsements/certifications, it is important that motorcycle accident victims contact a firm like the Duncan Injury Group with the experience necessary to advantageously and effectively build a winning case. If you've been injured in a motorcycle accident, do not hesitate to schedule a complimentary consultation to learn how our dedicated team can help you pursue the justice and compensation you rightfully deserve.

Common Types of Motorcycle Accidents Injuries

At The Duncan Injury Group, we recognize the significant impact that motorcycle accident injuries can have on individuals and their families. Whether resulting in minor injuries or life-altering consequences, the pain and stress of such accidents can be crushing. Our dedicated team of attorneys is committed to tirelessly advocating for our clients' rights and ensuring they receive the money they deserve. With our broad experience in handling motorcycle accident cases, we possess the knowledge and skills needed to navigate the many possible legal complexities of these cases effectively. If you've suffered an injury due to a motorcycle accident, you can rely on DIG Law to provide compassionate assistance and steadfast representation every step of the way.

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MOTORCYCLE ACCIDENT FAQ

The questions Florida motorcycle accident victims ask us most — including the hard ones about helmets, licensing, and bias. If yours isn't here, call us. It's always free.

I wasn't wearing a helmet. Does that eliminate my right to recover?

No — but it is a factor. Florida's modified comparative negligence rule means your recovery is reduced by your percentage of fault, not eliminated entirely (unless you are found more than 50% at fault). Not wearing a helmet may be used to argue you contributed to the severity of your head injuries — but it does not affect liability for the crash itself, and it has no bearing on injuries to other parts of your body. We build cases that isolate these issues and limit the damage this argument can do to your recovery.

Does Florida require motorcyclists to wear a helmet?

Florida law requires riders under 21 to wear a helmet at all times. Riders 21 and older may legally ride without a helmet if they carry at least $10,000 in medical benefits insurance. However, even when helmet use is legally optional, insurance defense teams routinely argue that an unhelmeted rider contributed to their own head injuries. This is a known tactic and one we are experienced in countering with medical expert testimony.

What if I don't have a motorcycle endorsement on my license?

Riding without a proper motorcycle endorsement or license does not automatically bar you from recovering compensation. The defense may argue it as evidence of comparative fault — suggesting you lacked the training to operate the motorcycle safely. However, the other driver's negligence is still the cause of the crash, and we can work with experts to establish that the lack of a formal endorsement had no bearing on how the accident occurred. Call us before assuming your licensing status ends your case.

The other driver claims they didn't see me. Is that a defense?

"I didn't see them" is not a legal defense — it is a description of negligent failure to look properly. Every driver has a duty to maintain a proper lookout and check for motorcycles before turning, changing lanes, or pulling into traffic. Motorcycles are smaller and require active visual attention — which is exactly why drivers are legally required to provide it. "Failure to yield to a motorcycle" and "inattentive driving" are among the most common findings in motorcycle accident police reports.

What are the most common causes of motorcycle accidents in Florida?

The most frequent causes we see include: left-turn collisions — where a car turns left in front of an oncoming motorcycle at an intersection; lane change crashes — a vehicle sideswipes a motorcycle while changing lanes without checking mirrors; rear-end collisions — a following driver fails to account for a motorcycle's shorter stopping distance; door zone crashes — a parked car door opens into a passing rider; distracted driving; and DUI accidents. In the majority of these cases, the car driver is the at-fault party.

Does Florida's no-fault PIP law apply to motorcycle accidents?

No. Florida's Personal Injury Protection (PIP) no-fault system does not apply to motorcycles. Motorcycles are specifically excluded from the PIP requirement. This means motorcycle riders do not have the same first-party medical benefit buffer that car accident victims have — and it also means there is no serious injury threshold requirement to bring a direct claim against the at-fault driver. You can pursue the at-fault party directly for your full damages from the outset.

What types of injuries are most common in motorcycle accidents?

Because motorcycles offer no protective barrier, injuries are typically severe. The most common include: traumatic brain injuries (TBI) even with a helmet; spinal cord injuries and paralysis; road rash — which can range from minor abrasion to deep tissue and nerve damage requiring surgery and skin grafting; fractures — particularly femur, tibia, pelvis, and wrist; internal organ injuries; and soft tissue tears to knees, shoulders, and ankles. The severity of these injuries is a central factor in why motorcycle cases routinely involve significant damages.

Will the jury be biased against me because I was on a motorcycle?

Motorcycle bias is a real phenomenon in litigation and one every good motorcycle accident attorney prepares for. Defense teams routinely try to paint riders as reckless, regardless of the actual facts. Our approach involves thorough accident reconstruction to establish the factual record clearly and early, strategic jury selection to identify and address bias, and presenting your case in a way that emphasizes the other driver's specific negligence rather than allowing the defense to make the case about motorcycles generally. We know this playbook and we counter it.

What should I do immediately after a motorcycle accident?

Call 911 immediately and remain at the scene. Seek emergency medical care the same day — adrenaline masks pain and spinal, brain, and internal injuries may not present symptoms for hours. Photograph everything before any vehicles are moved: the road, skid marks, the other vehicle, your motorcycle, your injuries, traffic signals, and the positions of all vehicles. Get the other driver's insurance and license information. Do not admit fault or apologize. Do not give a recorded statement to any insurer before calling us.

Can I recover if the accident was caused by a road defect — pothole, missing signage, or debris?

Yes. Road defect claims involve a different defendant — the government entity or contractor responsible for roadway maintenance. Potholes, missing lane markings, missing warning signs, broken guardrails, and road debris from maintenance work can all form the basis of a valid claim. However, claims against government entities in Florida require a notice of claim filed within three years, and the process is more time-sensitive and procedurally strict than a standard personal injury claim. Contact us immediately if a road condition contributed to your crash.

What if my motorcycle was defective and contributed to the crash?

If a manufacturing defect, design flaw, or failure to warn in your motorcycle or its components — brakes, tires, throttle, or steering — contributed to the accident, you may have a product liability claim against the manufacturer or distributor in addition to any negligence claim against another driver. These claims run simultaneously and require preservation of the motorcycle itself as physical evidence. Do not allow your motorcycle to be repaired or disposed of until it has been inspected by our team.

What compensation can I recover in a Florida motorcycle accident case?

Because PIP does not apply, motorcycle riders can pursue the full range of damages directly: all medical bills — emergency, surgical, and ongoing; future medical expenses; lost wages and lost earning capacity; motorcycle repair or replacement; pain and suffering; emotional distress; loss of enjoyment of life — particularly significant given that riding itself may no longer be possible; disfigurement and scarring from road rash; and loss of consortium. In wrongful death cases, damages extend to surviving family members.

How long do I have to file a motorcycle accident lawsuit in Florida?

For accidents occurring on or after March 24, 2023, Florida's statute of limitations for negligence claims — including motorcycle accidents — is two years from the date of the crash. Texas and Arizona also carry two-year statutes for personal injury claims. Do not mistake the two-year window for breathing room — surveillance footage disappears within days, witness memories fade, and skid marks and road conditions change. The earlier you retain an attorney, the stronger your case.

Does DIG Law handle motorcycle accident cases in Texas and Arizona too?

Yes. We are licensed and actively practicing in Florida, Texas, and Arizona. Motorcycle accident law has important state-specific nuances — Florida's unique helmet law, Texas's comparative fault rules, Arizona's pure comparative fault standard — and we know them all. Both Texas and Arizona carry two-year statutes of limitations for personal injury claims. Free consultations in all three states, no fees unless we win.