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Florida Motorcycle Passengers – Do You Know Your Rights if You Are Injured?

April 18, 2023 | Category: Motorcycle Accidents | Share

Motorcycle accidents are common in Florida by virtue of the sheer number of motorcyclists enjoying our beautiful environment. These accidents may involve just a motorcycle driver, but many also involve a motorcycle passenger. Florida motorcycle passengers are vulnerable to the actions of the motorcycle driver and other drivers around them.

FL motorcycle passengers - do you know your rights if you are injuredA Journal of the American Medical Association (JAMA) study showed that traumatic brain injuries, which are most common in motorcycle accidents, were more common among motorcycle passengers than drivers.

Florida Motorcycle Passenger Laws

Although most Florida laws pertain to motorcycle drivers themselves, some are directed at passengers, such as Florida Statute 316.2085 Riding on motorcycles or mopeds:

(1) A person operating a motorcycle or moped shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person, nor shall any other person ride on a motorcycle or moped, unless such motorcycle or moped is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons or upon another seat firmly attached to the motorcycle or moped at the rear or side of the operator. 

Florida Motorcycle Passenger Injury Liability 

Florida motorcycle accident claims are different, and there can be one or more operators who may be liable, including:

  • The motor vehicle operators of any other vehicles involved in the accident
  • The motorcycle owner or other vehicle owner if different from the operators
  • The manufacturer of the motorcycle, its parts, or protective gear
  • The manufacturer of the motor vehicle or its parts.
  • If alcohol is involved, the establishment serving alcohol to any of the vehicle operators involved in the accident could be liable under Florida’s dram shop law Florida Statute 768.125 

When motorcycle passengers are dealing with the immediate aftermath of a motorcycle accident, they may be frightened, and the options may seem limited. Because of the complexity of motorcycle accidents involving a motorcycle passenger’s rights, motorcycle passengers need to seek legal counsel from Florida Motorcycle Lawyer Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. immediately after seeking medical treatment at 239.337.7483, toll-free at 1.888.477.4839, or contact us online at

"We represent people involved in numerous types of personal injury and wrongful death accidents throughout the state of Florida. All of our clients have unique personal injury cases. Our firm provides personal contact and communication along with aggressive representation,” said Florida Motorcycle Lawyer Randall Spivey. “We are available 24/7, and there are no costs or attorney fees until we receive a monetary recovery for you.”

When we take on your case, we will assist you by:

  • Conducting a thorough investigation by gathering evidence to prove your right to compensation, such as:
    • Eyewitness testimony
    • Traffic, surveillance, or dash camera footage
    • Cell phone photos and video
    • Phone records
    • Medical records
    • Employment records
    • Maintenance records
    • Vehicle “black box” data
  • Negotiating directly with the insurance companies on your behalf to secure a favorable settlement as soon as possible.
  • Pursuing an alternative dispute resolution should insurance companies not settle.
  • Representing you at trial should a settlement not be obtained to get you the most favorable compensation you deserve for your injuries.

Here is what a motorcycle accident client had to say about working with Spivey Law Firm, Personal Injury Attorneys, P.A.:

  • Professional polite, and they get the job done. If you have, or had, a motorcycle, make sure that you have their phone number! MIKE S.

Contact Us


Spivey Law Firm Logo Spivey Law Firm 13400 Parker Commons Blvd.
Fort Myers, Florida 33912

(239) 337-7483

Free Consultation