How Florida’s Comparative Fault Law (HB 837) Affects Your Motorcycle Injury Claim 

Motorcycle accidents can cause devastating injuries and life-altering consequences. When another driver’s negligence leads to your crash, you expect compensation for medical bills, lost wages, and pain and suffering. 

But recent changes to Florida law have made the process more complicated for injury victims. In 2023, the Florida Legislature passed House Bill 837 (HB 837)—a sweeping reform that affects how negligence and damages are calculated in personal injury cases, including motorcycle accident claims. 

If you ride in Florida, understanding this law is critical. Here’s how Florida’s comparative fault system works after HB 837—and how it can impact your motorcycle injury claim. 

 1. What Is Comparative Fault?

Comparative fault (also called comparative negligence) is the legal principle that determines how damages are divided when multiple parties share responsibility for an accident. 

Before HB 837, Florida followed a pure comparative negligence rule. That meant you could still recover compensation even if you were 99% at fault—though your recovery would be reduced by your percentage of fault. 

Example (under the old law):
If your damages totaled $100,000 but you were 60% at fault, you could still recover $40,000. 

 2. HB 837 Changed the Rules

In March 2023, the Florida Legislature passed House Bill 837 (HB 837). The law replaced Florida’s prior pure comparative negligence framework with a modified comparative negligence rule. Under the current law, a plaintiff cannot recover damages from another party if the plaintiff’s share of fault is more than 50% (i.e., 51% or greater). HB 837 was signed into law on March 24, 2023. Florida Senate+1 

Example (under the new law): 

• If your damages total $100,000 but a jury finds you 51% at fault, you recover $0. 

• If you’re 40% at fault, you can recover $60,000 (reduced by your 40% share). 

 3. How This Impacts Motorcycle Accident Victims

Motorcyclists often face bias in fault allocation—insurers and opposing counsel may point to rider behavior as evidence of comparative fault. Common defenses insurers raise include: 

• Failure to wear a helmet (note: Florida does allow some adult riders to ride without helmets only if they meet the statutory insurance requirements; riders under 21 must wear helmets). Florida Legislature 

• Speeding or illegal lane-splitting — lane-splitting (riding between lanes of moving or stopped traffic) is prohibited in Florida and can lead to a moving violation; insurers may argue such conduct increases a rider’s fault. Florida Legislature+1 

• Not being visible to other drivers or failing to take evasive action 

Because HB 837 bars recovery if your fault exceeds 50%, even relatively small fault findings can have major financial consequences—so experienced legal representation is critical.  

4. Insurance Companies Will Use HB 837 to Their Advantage

Insurance companies have already begun using Florida’s new comparative fault law as a defense strategy. They may: 

• Emphasize minor mistakes you made to push your fault over 50% 

• Claim you were speeding or distracted 

• Argue that your injuries were partly due to not wearing protective gear 

• Offer lowball settlements, suggesting you’re unlikely to win under the new law 

Without skilled legal representation, you may inadvertently accept a reduced settlement or lose your right to recover anything. 

5. Other Key HB 837 Changes That Affect Your Claim

HB 837 also shortened the statute of limitations for negligence actions from four years to two years, effective with the law’s signing on March 24, 2023—claims filed after that date must comply with the two-year deadline. The bill also made changes to standards for proving medical expenses, bad-faith insurance claims, and certain attorney-fee rules; those provisions can affect case strategy and damages proof. 

6. How a Motorcycle Injury Lawyer Can Help

Under the new comparative fault system, your attorney’s job is to build a strong case showing the other driver’s negligence clearly outweighs yours. 

A qualified Florida motorcycle accident lawyer will: 

• Investigate the accident scene and collect crucial evidence 

• Consult with accident reconstruction experts 

• Handle all insurance communications and negotiations 

• Calculate your full damages—medical bills, lost wages, and pain and suffering 

• Fight to reduce your percentage of fault and maximize compensation 

If the insurance company refuses to settle fairly, your attorney can file a lawsuit and present your case in court before a jury. 

7. Protecting Your Rights After a Motorcycle Accident

If you’ve been injured in a motorcycle crash, don’t wait to get legal advice. The sooner you speak with a lawyer, the sooner they can preserve evidence, manage insurance communications, and ensure you meet Florida’s two-year filing deadline. 

Under HB 837, every percentage point of fault matters—and the outcome of your case could depend on how quickly you act. 

Don’t Let Florida’s New Law Limit Your Recovery 

Florida’s comparative fault law (HB 837) has changed the landscape for personal injury and motorcycle accident claims. While it may make recovering compensation more difficult, it doesn’t make it impossible—especially with the right legal team in your corner. 

If you or a loved one was injured in a motorcycle accident, contact Hoskins, Turco, Lloyd & Lloyd today at 866-930-6435 for a free consultation. Our experienced Florida motorcycle injury attorneys understand how HB 837 affects your rights—and we’ll fight to make sure you’re treated fairly every step of the way.