Articles Posted in Motorcycle accidents

A large group of speeding, wheelie-popping daredevil motorcyclists and all-terrain vehicle operators have made headlines as they’ve roared across South Florida highways, recklessly weaving in and out of traffic and surprising unsuspecting motorists.

Most weren’t riding helmets as they zoomed by at speeds in excess of 100 mph. Some were even operating on the wrong side of the road, performing stunts and blocking roads. Other drivers called authorities to complain members of the group weren’t stopping for red lights.

Troopers with the Florida Highway Patrol arrested one man and cited two others recently as one large group raced northbound along I-95. Not long after, there was unsurprisingly a crash with injuries involving one of the riders from the group.

In recent weeks, reporters noted there has been a flurry of activity on sites like Twitter, where one South Florida rapper with 3 million followers has been promoting “Miami Bike Life” stunts and rides.

Law enforcement insists it is monitoring these groups, and the greatest concern has been the fact they sometimes put other motorists at risk.

While these kinds of incidents rightly stir debate and generate a fair amount of web traffic for news sites, they aren’t indicative of the typical motorcycle rider. Further, the crashes involved aren’t indicative of the typical motorcycle accident in Southwest Florida.

According to the National Highway Traffic Safety Administration, the overall number of motorcycle fatalities occurring in 2012 (the latest year for which statistics are available) increased 7 percent compared to the prior year. The number of motorcycle injuries climbed 15 percent in that same time frame.

Florida had more motorcyclists killed that year than in any other state – 456 – followed by Texas and California.

Of those involved in fatal crashes, four out of five did not have any prior speeding convictions and most did not have any prior recorded suspensions or revocations. Only 4 percent had prior DUI convictions and 12 percent had any recorded prior crashes.

What that tells us is the vast majority of motorcycle operators are responsible and law-abiding. Most of the time, crashes occur because drivers of other vehicles aren’t keeping a proper lookout, and end up causing a collision. In fact, federal statistics show the top cause of motorcycle accidents is a motorist who fails to yield and turns into the path of an oncoming rider.

Motorcyclists inherently lack the same kind of protection as those in motor vehicles, and therefore sustain more frequent and more serious injuries.

It as recently reported troopers in Fort Myers are looking for a hit-and-run driver who struck and killed a 45-year-old husband and father of two on a motorcycle on I-75 earlier this month. Friends say he was always cautious on his motorcycle, had taken safety courses and always wore a helmet.

In another recent case, a 25-year-old motorcyclist was killed in South Fort Myers on U.S. 41 when a 53-year-old pickup driver reportedly crossed into the path of the motorcyclist and struck him while trying to turn left. The motorcyclist died at the scene.

Those injured in motorcycle accidents should contact an experienced motorcycle injury lawyer to protect their rights.
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Unless a crash involves a single vehicle and a single driver, it’s very likely those involved are going to be dealing with multiple insurance companies, to varying degrees. None are going to be especially eager to offer a fair settlement.

Negotiating with just one insurance company can be a challenge. With multiple insurance policies and agencies, it’s important to have a legal advocate who can serve as your assertive voice in the fight to obtain the compensation you deserve.

In the recent case of Green v. Johnson, the claim stemmed from a motorcycle accident in which a young man and father of two was killed. The children’s mother (the decedent’s girlfriend) sought compensation from multiple insurers on behalf of the children. It was not an easy battle. However, the Louisiana Supreme Court recently ruled in her favor with regard to one of those insurance companies, which had denied uninsured motorist coverage on the grounds decedent was not an insured.
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The law requiring helmet use by motorcyclists in Florida was repealed 14 years ago this month, and since then, the number of riders donning a helmet has been halved — to roughly 50 percent, according to the Sun Sentinel.

What’s especially concerning to the National Highway Traffic Safety Administration is that of those who do wear helmets, some may be using helmets that offer little to no protection in the event of a crash. The sales of so-called “novelty helmets” is booming, according to research by the Florida Center for Investigative Reporting. These helmets may offer a false sense of security to riders, who assume “something is better than nothing.”

Our Cape Coral motorcycle accident attorneys understand there is ample evidence to show this isn’t true. Some novelty helmet manufacturers have in the past been caught falsely claiming their products are certified by the Department of Transportation, indicating they met minimum federal safety standards, when in fact they did not.
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The lawsuit brought by the widow of a fatally injured motorcyclist was dismissed by the U.S. Court of Appeals for the Eighth Circuit on the grounds that she failed to establish the defendant’s owed a duty to her husband.

Had the case been in Florida, our Fort Myers motorcycle crash attorneys know the outcome may have been different. That’s because Nebraska, where this crash occurred, does not recognize the theory of foreseeability in determining duty of care. Florida does.

The doctrine of foreseeability weighs whether the person or entity alleged to have caused injury should have reasonably foreseen the consequences that would result from the conduct in question. In the case of Packard v. Falls City Area Jaycees, there may have been enough evidence to support the notion that the defendants could have reasonably foreseen harm and failed to act to prevent it.
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A man is fighting for his life following a motorcycle crash in Bradenton in which the driver of the car fled the scene.

Authorities have since arrested the 27-year-old driver who allegedly turned into the path of the motorcyclist on 15th Street East, nearly killing the 53-year-old rider. Police said immediately following the crash, the driver parked her vehicle in a nearby lot, fled on foot and then returned to the scene approximately a half hour later.

Sarasota motorcycle accident attorneys recognize the top two reasons why people flee the scene of a crash is either because they are intoxicated or they have no insurance. In some cases, it’s both.
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A new report from the Governors’ Highway Safety Association indicates that nationally, motorcycle fatalities fell 7 percent in 2013, bucking an upward trend that has been ongoing since 1997.

The report comes amid May’s Motorcycle Safety Awareness Month, which is being promoted with a series of law enforcement initiatives throughout Florida.

The report indicates that Florida motorcycle deaths decreased at a rate similar to the national level. In the first six months of 2013, as compared to the first six months of 2012, motorcycle fatalities in the state fell from 222 to 207 — a 7 percent drop. In looking at the nine-month totals, the figure fell from 326 to 303 – a total of 23 fewer deaths that also amounted to a 7 percent decrease.
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Daytona Beach Bike Week turned tragic last year when a Connecticut man died after riding his Harley Davidson into the side of a truck on U.S. 1 South near Interstate 95.

And common sense tells you that the likelihood of motorcycle accidents in Florida will rise once again as an estimated 500,000 enthusiasts flock to one of the nation’s most popular motorcycle rallies in early March.

Our Fort Myers personal injury attorneyshave spent four decades fighting for the rights of riders. Winter is already a dangerous time for motorcycles, but the weeks leading up to Bike Week make it especially so.
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The winter season is a great time to be out on two wheels, whether by bicycle or motorcycle. In the state of Florida the winter season is one of our busiest times on our roadways for this kind of traffic. With snowbirds heading south, vacationers escaping the snow up north, motorcycle riders are at particularly high risk.

The cold reality is that motorcyclists are 30 times more likely to die in a crash than people in a car, according to the Insurance Institute for Highway Safety (IIHS).

Our Fort Myers motorcycle accident attorneys understand that the state of Florida welcomes motorcyclists from around the country through the long winter riding season. After all, we are well known for Daytona Bike Week, which kicks off in early March. Even before that, residents get to enjoy Cape Coral Bike Nightin February. It’s no wonder why so many riders flock to the Sunshine State. But with this significant presence of two-wheeled riders, it’s just as important to make sure we’re all on the same page when addressing road safety and safe driving habits through the busy winter tourist season.
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