When a Motorcycle Crash Takes a Life, Your Family Does Not Have to Face the Answers Alone

What Is the Most Common Cause of Death in Motorcycle Accidents?

By CHG Personal Injury Lawyers. Responsible attorney: Igor Hernandez, a lawyer admitted to The Florida Bar.

Most Common Cause of Death in Motorcycle Accidents

Many families ask what the most common cause of death in motorcycle accidents is. Thousands of families lose a loved one in a motorcycle crash every year. In 2020 alone, the National Highway Traffic Safety Administration (NHTSA) recorded 5,579 motorcycle fatalities.

Behind each number is a family. There is an empty chair at the dinner table. There is a phone that no longer gets answered.

Head and brain injuries are among the serious injuries motorcycle riders can suffer. A traumatic brain injury (TBI) is damage to the brain. It happens when a hard blow or sudden jolt hits the head. Riders take the direct force of impact. Car occupants are shielded from that force by a steel frame, airbags, and seat belts.

This article explains why this happens. It covers what Florida law requires of riders. It also explains how speed rules help prevent crashes. Finally, it describes what families can do next.

CHG Personal Injury Lawyers handles personal injury claims of every severity. That includes everyday crashes and catastrophic and fatal injuries. The firm represents clients throughout Florida.

For those left behind, one question often comes up: Could this have been prevented? Often, the answer is yes. Many fatal motorcycle accidents result from another driver’s negligence, recklessness, or failure to see the rider. Negligence means failing to use reasonable care. When that happens, families have legal options and a path forward.

Why Motorcycle Fatalities Are So Much Higher Than Car Deaths

The reason is structure. Motorcyclists have no protective shell. Car occupants sit inside steel frames. Those frames have crumple zones, which are designed to absorb impact. Cars also have airbags and seat belts. A motorcyclist has only a helmet and protective gear. Nothing else stands between the body and the road.

That exposure sends crash force directly into the rider’s body. Motorcyclists are approximately 28 times more likely to die in a crash than car occupants. They are 5 times more likely to be injured.

Crashes into fixed objects show the gap clearly. Motorcycles colliding with fixed objects account for 25% of motorcyclist deaths. For car crashes, the figure is 18%. The rider has less protection between the body and the object. That makes the gap wider.

Traumatic Brain Injury: The Leading Cause of Motorcycle Fatalities

Traumatic brain injury (TBI) is the most common cause of death in fatal motorcycle crashes. When a rider’s head hits pavement, another vehicle, or a fixed object at high speed, the brain can suffer catastrophic damage.

A DOT-approved helmet reduces the risk of death by approximately 37%, according to NHTSA. DOT-approved means the U.S. Department of Transportation has approved the helmet’s design. That protection is real and significant. It is not absolute. Riders wearing helmets can still suffer fatal or permanent brain injuries. This can happen in high-speed crashes or in impacts at certain angles.

The severity of a TBI depends on three things:

• The impact force
• The rider’s speed
• What the rider strikes

Traumatic brain injury can range from mild concussion to severe diffuse axonal injury. In this injury, the brain’s nerve fibers tear. This causes permanent brain damage. In fatal crashes, the damage is often too extensive to recover from.

Families who lose someone this way often describe the first days as a blur. They spend long hours in hospital waiting rooms. They make decisions they never expected to make. Our team understands that. We approach these cases with that in mind.

Florida’s Helmet and Eye-Protection Rules, in Plain Language

Florida law sets equipment rules for motorcycle riders, including protective headgear and eye protection. The motorcycle headgear and eye-protection requirements are set out in Florida Statutes § 316.211.

• The headgear must be securely fastened on the head. It must also meet Federal Motor Vehicle Safety Standard 218 (FMVSS 218), a federal safety standard for motorcycle helmets.
• Eye protection. No person may operate a motorcycle without an eye-protective device over the eyes. The device must be a type approved by the Department of Highway Safety and Motor Vehicles.
• The over-21 exception. A person over 21 may ride without protective headgear. This applies if the person has an insurance policy. The policy must provide at least $10,000 in medical benefits for injuries from a crash while operating or riding a motorcycle. This exception applies only to the helmet rule. It does not apply to the eye-protection rule.

A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation under chapter 318. That means it is a traffic ticket, not a crime. These rules exist to protect riders on the road.

This article does not say that wearing or not wearing a helmet, by itself, decides who is responsible for a crash. It also does not say what a claim is worth. Each claim depends on the facts of the crash. If you are unsure how the insurance exception applies to your policy, bring the question to a free consultation with our team.

Speed Rules: Prevention Context for Every Driver and Rider

Speed is one of the clearest prevention issues in motorcycle crashes. Florida’s speed rules apply to every driver on the road. The speed rules described here are set out in Florida Statutes § 316.183.

• Reasonable and prudent speed. No person may drive faster than is reasonable and prudent. The rule applies to the conditions and hazards that exist. Drivers must control their speed to avoid colliding with any person, vehicle, or object.
• Posted maximums. The maximum speed limits are 30 miles per hour in business or residence districts. They are 55 miles per hour at all other locations. A county or city may set a limit of 20 or 25 miles per hour on local residential streets. First, it must find that the lower limit is reasonable after an investigation.
• Slower speeds at intersections, curves, and hazards. Drivers must slow down when they approach and cross an intersection. They must also slow down for curves, hilltops, and narrow or winding roads. Slowing is also required when a special hazard exists. Hazards include pedestrians, other traffic, weather, or road conditions.
• Work zones. No driver may go over the posted speed limit in a work zone.

These rules are prevention tools. Slower speeds at intersections and curves give every road user more time to see and react. They are not a measure of blame on any rider.

Other Fatal Injuries in Motorcycle Crashes

Traumatic brain injury leads the list. Motorcycle crashes also cause several other catastrophic injuries:

• Spinal cord injuries and paralysis can happen from impact or from being thrown off the bike. A rider may be permanently paralyzed. Paralysis of the legs is called paraplegia. Paralysis of the arms and legs is called quadriplegia.
• Internal bleeding and organ damage can come from blunt-force trauma, which is a hard blow without a cut. These injuries can be fatal even when outside injuries look minor.
• Severe burns can result from fuel ignition or contact with hot engine parts. They cause permanent scarring, disability, and death.
• Amputation and limb loss can result from crushing, road friction, or getting tangled with the motorcycle.
• Multiple trauma can result from high-speed impacts or crashes involving several vehicles. These injuries can overwhelm the body’s ability to survive.

Riders who survive the first crash often face permanent disability. This can include loss of a limb, paralysis, or cognitive impairment from a brain injury. Cognitive impairment means trouble with thinking, memory, or reasoning. These outcomes change lives. They call for immediate medical and legal attention.

The Most Common Causes of Fatal Motorcycle Crashes

Left-turn collisions are one type of motorcycle accident that riders may encounter. A driver turning left fails to notice an oncoming motorcyclist until it is too late. The driver often does not see the motorcycle. Motorcycles are smaller and harder to spot. The driver may also be distracted. These crashes are often fatal because the motorcyclist has little time to brake or swerve.

Distracted driving by the other driver causes many motorcycle crashes. Common examples include texting, eating, adjusting the radio, or looking away from the road. A distracted driver may not see a motorcycle until impact is near.

Speeding by the rider or the other driver reduces reaction time. It also increases impact force. Loss of control on curves or in poor conditions often involves excessive speed.

Impaired driving by either party affects judgment, reaction time, and vehicle control. Alcohol and drugs both cause impairment. Impaired drivers are more likely to hit a motorcycle they did not see.

Poor road conditions make a motorcycle far easier to destabilize than a car. Potholes, gravel, debris, and standing water are examples. A rider may lose control. Or the rider may swerve and be struck by another vehicle.

Weather hazards such as rain, wind, or fog reduce visibility and traction. Motorcycles are especially vulnerable to crosswinds and to hydroplaning on wet roads. Hydroplaning means tires lose grip and skim over water.

Lane splitting means riding between lanes of traffic. It increases collision risk because drivers may not expect a motorcycle there.

Mechanical failure can cause a rider to lose control. Examples include faulty brakes, tire failure, and steering problems.

Who caused a multi-vehicle crash depends on the facts of each case.

What Riders Can Do to Reduce Risk

Riders can lower their risk of fatal injury through deliberate choices:

• Wear a DOT-approved helmet on every ride. Florida law requires protective headgear that meets FMVSS 218. Helmets are among the most effective protections against fatal head injury.
• Wear protective gear. Use a jacket, gloves, pants, and boots rated for motorcycle use. This gear reduces road rash, burns, and abrasions. Road rash is skin damage from sliding on pavement. Those injuries can be fatal or permanently disfiguring.
• Wear an eye-protective device of a type approved by the department. Florida law requires a person operating a motorcycle to wear one.
• Ride defensively. Assume other drivers do not see you. Avoid riding in their blind spots. Use your headlight and wear bright colors.
• Adjust speed to the road. Ride at a speed that is reasonable and prudent for conditions. Slow down for curves and intersections. Obey posted limits in work zones.
• Never ride impaired. Do not ride after drinking alcohol or using drugs.
• Maintain your motorcycle. Check brakes, tires, lights, and fluid levels before every ride.
• Take a motorcycle safety course. Professional training builds skills, awareness, and decision-making on the road.

These steps can significantly reduce your risk. They cannot remove it entirely. You cannot control other drivers. When another driver’s negligence causes a crash, the rider should not bear the cost alone.

When a Motorcycle Accident Is Someone Else’s Fault

If another driver’s negligence, distraction, or recklessness caused a crash, the injured rider may have a legal claim. If the rider was killed, the family may have one instead.

Negligence can include:

• Failing to see the motorcycle and turning left in front of it
• Speeding or driving recklessly
• Driving while impaired by alcohol or drugs
• Violating traffic laws, such as running a red light or failing to yield
• Distracted driving, such as texting, eating, or looking away from the road

This can happen if poor road maintenance, hazardous conditions, or lack of repair contributed to the crash. Manufacturers may be liable if a defective motorcycle or vehicle part caused or contributed to the accident.

Families of riders killed in fatal crashes may pursue a wrongful-death claim against the at-fault party. A wrongful-death claim is a lawsuit brought by the family. It seeks compensation for the loss of the rider’s life. This can include funeral expenses, lost wages and earning potential, loss of companionship, and the family’s pain and suffering.

Florida follows a modified comparative-fault rule. This rule divides blame by percentage. Under Florida Statutes §768.81, if you were partly at fault, your recovery is reduced by your percentage of fault. The statute says a party found more than 50 percent at fault for his or her own harm may not recover any damages, except in an action for personal injury or wrongful death arising out of medical negligence under chapter 766. (Text of § 768.81)

Florida also limits recovery when alcohol or drugs are involved. Under Florida Statutes § 768.36, a plaintiff may not recover damages in certain cases. Under Florida law, a plaintiff may not recover damages if the finder of fact, such as a judge or jury, finds the following at the time the plaintiff was injured:

1. The plaintiff was under the influence of alcohol or a drug to the extent that normal faculties were impaired. Under the statute, a drug does not include a prescription medication taken in accordance with the prescription, or a medication authorized for general use without a prescription and taken at the recommended dosage.
2. Or the plaintiff had a blood or breath alcohol level of 0.08 percent or higher.
3. As a result of that influence, the plaintiff was more than 50 percent at fault for his or her own harm.

These rules are complex. They affect every claim differently. That is why an early conversation matters.

Next Steps After a Fatal or Catastrophic Motorcycle Crash

Taking these steps can protect your rights and your family’s options:

1. Get medical care right away, even for injuries that seem minor. Internal bleeding and brain injury may not be obvious at first. Follow your doctors’ care.
2. Report the crash to police. Then request a copy of the accident report. It records the scene, the other driver’s information, and the officer’s first assessment.
3. Document the scene with photos if it is safe to do so. Capture vehicle damage, road conditions, skid marks, and traffic signals.
4. Gather witness contact information. Witnesses can confirm what happened. They may be crucial to your claim.
5. Do not admit fault. Do not give statements to the other driver’s insurance company before speaking with a lawyer. Anything you say can be used against you.
6. Preserve evidence. Keep the motorcycle, your helmet and gear, and the other vehicle. Also keep medical records, photos, and any video from traffic cameras or dashcams.
7. Write down what you remember about the crash. Keep a record of every medical appointment.
8. Contact CHG Personal Injury Lawyers. Florida sets filing deadlines. Missing one can bar a claim, so contact us promptly. Our first consultation is free, confidential, and carries no obligation. CHG charges no attorney’s fees and no case costs unless there is a recovery.

Frequently Asked Questions

If you have lost a family member or suffered a catastrophic injury in a motorcycle crash caused by another driver’s negligence, you may have a legal claim. Under Florida’s modified comparative-fault rule, in a negligence action to which this section applies, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages, but this bar does not apply to a personal injury or wrongful death claim arising out of medical negligence under chapter 766. Many families in your situation reach out to discuss what happened and what comes next. Contact us for a free case evaluation today. Your first consultation is free, confidential, and carries no obligation. CHG charges no attorney’s fees and no case costs unless there is a recovery.

Igor Hernandez, responsible attorney, CHG Personal Injury Lawyers. Serving clients throughout Florida.