Legally Reviewed by Frank Marsalisi on September 2, 2026
Florida is home to one of the largest motorcycle communities in the country, and that means questions about motorcycle accident claims come up often. More than 582,648 motorcycles were registered in Florida as of 2016 according to state registration data, and ridership has only grown since, especially with large annual events such as Daytona Bike Week, the Gibtown Bike Fest, and the St. Pete Beach Bike Fest drawing riders from across the state.
If you have any questions about motorcycle accidents in St. Petersburg, the five questions below cover some of what riders ask us most, and our team at Marsalisi Law is available to walk through the specifics of your situation.
What Changed Under Florida’s Comparative Negligence Law
Since March 2023, Florida has followed a modified comparative negligence system rather than the pure comparative negligence rule that used to apply. Under the current version of Florida Statute 768.81, a rider who is found more than 50 percent at fault for their own accident generally cannot recover compensation from another at-fault party. If you are found 50 percent or less at fault, your damages are still reduced by your percentage of fault, but you can potentially recover the remaining share.
This distinction matters for motorcyclists in particular, because insurance adjusters and even police reports can carry an unspoken bias that riders are more likely to be at fault in a crash. Understanding how the current law works can help you evaluate whether an insurance company’s fault assessment is fair.
Frequently Asked Questions About Motorcycle Accident Claims
What if I was not wearing a helmet?
Florida law requires riders under the age of 21 to wear a helmet. Riders 21 and older may legally ride without one as long as they carry medical insurance coverage of at least 10,000 dollars. Not wearing a helmet will not automatically bar your claim, but it does increase the risk of serious head and facial injuries, and the defense may try to use it to argue that your own choices increased the severity of your injuries.
Should I take the first offer the insurance company makes?
Usually not right away. The first offer an insurance company presents is typically calculated to be the lowest amount it believes you may accept. Before agreeing to anything, consider your lost wages, medical bills, and the cost of ongoing treatment or transportation, since an early offer may not account for the full scope of what you may be entitled to recover.
What if I was partly at fault for the accident?
Florida follows a modified comparative negligence rule. If a judge or jury finds you 50 percent or less at fault, your damages are reduced by your percentage of fault but you can potentially still recover compensation. For example, if you were found 30 percent at fault, your total damages award would generally be reduced by 30 percent. If you are found more than 50 percent at fault, recovery from the other party is generally barred.
The insurance company wants to talk to me. What should I say?
It is best to say as little as possible until you have spoken with a lawyer. Adjusters often record these calls and look for statements suggesting you share fault for the crash. Providing basic facts is reasonable, but avoid speculating about injuries, fault, or the accident details before you understand how those statements could affect your claim.
How long will my motorcycle accident case take?
There is no set timeline, since it depends on factors specific to your case, including the severity of your injuries, whether liability is disputed, and how the insurance company chooses to respond. Some cases resolve within months, while more complex or contested claims can take longer. Florida law generally allows two years from the date of the crash to file a lawsuit, so it is worth discussing your timeline with a lawyer early.
If you have been in a motorcycle accident in St. Petersburg or the Tampa Bay area, we provide free consultations. Our team is reliable, relatable, and ready to discuss the specifics of your case. Reach out through our contact form to get started. Marsalisi Law is where the law gets personal.
About the Attorney
Founder, Marsalisi Law
Frank P. Marsalisi is the founder of Marsalisi Law, a bilingual trial lawyer based in St. Petersburg, Florida. Since founding the firm in 2014, he has represented riders and drivers throughout the Tampa Bay area, and he personally meets with every client during their initial consultation.
