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Conde-HugginsAccident Injury Lawyers (240) 421-5511

Where the SR-52 ride begins.

Land O' Lakes motorcycle accident lawyer

Land O' Lakes is where riders leave the plazas behind and SR-52 starts to roll toward San Antonio. It is also where left-turning drivers on US-41 fail to see them. Conde-Huggins represents injured riders and knows what Florida law gives them and takes away.

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US-41 through Land O' Lakes is a highway with driveways. Plazas, churches, schools and the county complex all open directly onto Land O' Lakes Boulevard, and every driveway is a place for a driver to pull out in front of a motorcycle. East of US-41, SR-52 leaves the plazas and starts to roll toward San Antonio, which is why riders from all over Tampa Bay come through here on weekends. The Suncoast Parkway on the west side adds interstate-speed traffic and the drivers who use it to commute.

Conde-Huggins Accident Injury Lawyers represents injured riders throughout Pasco County from our office on Ridge Road in Port Richey. We meet Land O' Lakes clients at the hospital or at home. Call (240) 421-5511 for a free consultation. There is no attorney's fee unless we win.

Where Land O' Lakes riders get hit

US-41 from SR-54 to Gowers Corner. Driveway pull-outs and left turns across the highway from the median. The intersection with SR-54 is the busiest in central Pasco and the signal where drivers turning left on a permissive green misjudge a motorcycle's speed and distance.

SR-52 near US-41. The Pasco Metropolitan Planning Organization specifically names SR-52 near Land O' Lakes as a corridor where the county's traffic deaths cluster. For a rider the hazards are concrete: dump trucks pulling out of subdivision entrances, gravel they leave on the pavement, and drivers who do not expect a bike in the first curves east of Gowers Corner.

The Suncoast Parkway at exit 19. Lane changes at speed, debris on the roadway and the merge at the bottom of the SR-54 ramps. Parkway crashes are FHP cases and they are high-energy.

SR-54 through the plazas. Lane changes without a mirror check and rear-end collisions in the queues between Collier Parkway and US-41. A motorcycle stops faster than the car behind it expects.

Preliminary FLHSMV figures counted 262 motorcycle crashes in Pasco County in 2022. The county's overall fatality rate runs about 30 percent above the state average.

A motorcyclist riding a two-lane road
Photo: Unsplash

What changes legally when the vehicle is a motorcycle

You are outside the no-fault system. Fla. Stat. §§ 627.730–627.7405 cover motor vehicles as the law defines them, and motorcycles are excluded. There is no PIP on the bike and the other driver's PIP does not extend to you. Your medical bills are paid by health insurance, by medical-payments coverage on your motorcycle policy if you bought it, or by the at-fault driver's insurer when liability is resolved.

You do not have to prove a permanent injury. The permanent-injury threshold in Fla. Stat. § 627.737(2) applies to claims within the no-fault system. A rider's claim for pain and suffering against the driver who caused the crash stands on its own, even for injuries that heal completely.

The helmet law is conditional. Under Fla. Stat. § 316.211, eye protection is required for every rider, and a helmet is required unless you are over 21 and covered by a policy providing at least $10,000 in medical benefits for motorcycle injuries. Riding legally without a helmet does not shift fault to you.

Lane splitting is illegal. Fla. Stat. § 316.209 prohibits riding between lanes. Riding two abreast in a single lane is allowed, and a motorcycle is entitled to the full lane. If the insurer claims you were lane splitting and you were not, we prove it.

Which of these rules helps you depends on the crash. Call (240) 421-5511 and we will tell you.

Finding the money after a Land O' Lakes motorcycle crash

Florida requires private drivers to carry only $10,000 in PIP and $10,000 in property damage liability. Bodily injury coverage is optional, and many Land O' Lakes drivers carry none or the $10,000 per-person minimum that applies after certain convictions under Fla. Stat. § 324.021. That does not pay for a helicopter flight to a Tampa trauma center.

Uninsured/underinsured motorist coverage under Fla. Stat. § 627.727 is the policy that decides most rider cases. If you bought bodily injury coverage on your bike, your insurer had to offer UM in the same amount unless you rejected it in writing. We also look at your car policy, the policies of relatives in your household and any umbrella policy, because stacked UM from another vehicle in the house can sometimes be reached.

Other sources, depending on the crash: a commercial driver's employer; the owner of the vehicle under Florida's dangerous instrumentality doctrine; Pasco County or a contractor responsible for a road hazard, subject to the notice rules and caps in Fla. Stat. § 768.28; and, in the narrow cases Fla. Stat. § 768.125 permits, a bar that knowingly served a habitually addicted drinker.

Comparative fault and the rider stereotype

Fla. Stat. § 768.81(6) reduces your recovery by your percentage of fault and eliminates it above 50 percent. Adjusters apply the rule through a stereotype: the rider was speeding, weaving, showing off. The physical evidence usually says otherwise. Skid marks, the throw distance of the bike and rider, the crush pattern on the car and the statements of the drivers behind you establish speed and position far better than the other driver's impression. We collect that evidence in the first days, before the gouge marks on US-41 are driven over and the plaza cameras overwrite. Do not give a recorded statement to the other driver's insurer; give your account to us.

Who investigates, where you are treated, where the case goes

Land O' Lakes has no police department. FHP Troop C investigates most crashes on US-41, SR-52, SR-54 and the parkway and writes a long-form report. The Pasco Sheriff's Office, whose Public Records Unit is at 20105 Central Boulevard, responds on local roads and typically writes a short form. For 60 days the report is available only to the parties and their attorneys under Fla. Stat. § 316.066(2).

Rider injuries from Land O' Lakes go in three directions: AdventHealth Wesley Chapel or BayCare Hospital Wesley Chapel to the east, St. Joseph's Hospital-North in Lutz to the south, and, for serious trauma, HCA Florida Bayonet Point Hospital in Hudson, Pasco's Level II trauma center, or a Level I center in Tampa. If the case is filed, it is heard at the West Pasco Judicial Center in New Port Richey or the Robert D. Sumner Judicial Center in Dade City. Clementine Conde has practiced in Florida courts since 1992 and handles every rider case herself.

We come to you from Ridge Road. Keep the bike and gear as they are, photograph your declarations pages, and call (240) 421-5511. For the statewide rules see our motorcycle accident page; for the community see Land O' Lakes; if a commercial truck was involved see Land O' Lakes truck accidents.

Talk to a Port Richey motorcycle accident lawyer about your Land O' Lakes crash today

Call Conde-Huggins at (240) 421-5511, any hour, or contact us online. Free consultation, no attorney's fee unless we win, and staff members speak Spanish.

Injured in Land O' Lakes? Call us now

Free consultation, no attorney's fee unless we win. We meet Land O' Lakes clients at home, in the hospital, or at our office on Ridge Road. (240) 421-5511

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Questions people ask us about land o' lakes motorcycle accident cases

A driver turned left out of a plaza on US-41 into me. She told the deputy she never saw me. Is that a defense?

It is an admission. A driver entering a highway from a driveway must yield to traffic already on the road, and failing to see a motorcycle with its headlight on is a failure to look, not an excuse. The insurer will still try to assign you a share of fault under Fla. Stat. § 768.81(6), usually by claiming speed. The damage pattern, the distance the bike traveled after impact and the drivers behind you answer that. Get their names before they leave, and send us the deputy's exchange slip.

I have health insurance but no medical-payments coverage on my bike. Who pays the ER bill?

Your health insurer pays now and takes reimbursement from the settlement later; we negotiate that lien at the end. Riders have no PIP because Florida's no-fault law excludes motorcycles, and the driver who hit you owes you no PIP either. The at-fault driver's bodily injury coverage and your own uninsured/underinsured motorist coverage under Fla. Stat. § 627.727 are what ultimately pay the bills, lost wages and pain and suffering.

Can I claim pain and suffering for a broken wrist that healed?

Yes. The permanent-injury threshold in Fla. Stat. § 627.737(2) is part of the no-fault system, and motorcyclists are outside it. A rider can recover pain and suffering from the at-fault driver for injuries that fully heal, including fractures, road rash and the weeks of lost riding and work that come with them. Adjusters rarely mention this. We do.

My crash was on the Suncoast Parkway near exit 19. Does the toll road change anything?

Two things. First, the Florida Highway Patrol works nearly every parkway crash and produces a long-form report with a diagram, which helps. Second, the parkway is all-electronic tolling, so SunPass and Toll-By-Plate records can place the other vehicle at a gantry at an exact time, which matters when a driver disputes where he was or how fast he was going. We request those records with our first preservation letter.

How long does a Land O' Lakes rider have to file suit?

Two years from the crash under Fla. Stat. § 95.11(5)(a) for crashes after March 24, 2023. If a road hazard on a county road, such as gravel at a construction entrance on SR-52, contributed, a claim against Pasco County requires written notice under Fla. Stat. § 768.28(6) and is capped at $200,000 per person. Evidence on the pavement and in the plaza cameras lasts days, so the real deadline is this week.

Hurt in Land O' Lakes? Talk to a lawyer tonight.

Free consultation, no attorney's fee unless we recover for you. We come to your home or hospital anywhere in Pasco County.

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