Articles Posted in Motorcycle accidents

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Florida drivers can expect to see more motorcyclists on the roads this month, an estimated 500,000 motorcycle enthusiasts come rumbling into the state for Daytona Bike Week, which stretches through the first and second weeks of March. motorcycle7

Many of those bikers are from out-of-state, and many take the opportunity to make a longer trip of it and ride through the rest of the state. Even those who live here full-time may be traveling cross-state to attend the popular 10-day event.

It’s an opportune time to discuss the fact that motorcycle riders face unique dangers on our highways, especially because Florida has more motorcycle fatalities than anywhere else in the country.  Continue reading →

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Cape Coral Bike Night is coming this weekend, Saturday, Feb. 13th from 5 p.m. to 10 p.m. Associates and Bruce L. Scheiner, Attorneys for the Injured, are proud sponsors of this lively event.harley

Held quarterly, the first event this year takes place the day before Valentine’s Day, with the Cape Coral Parks and Recreation serving as organizers.

Thousands of motorcycle enthusiasts will come roaring into the Cape to enjoy raging rock and rowdy country music from live bands. They wolf down fiery food and ice cold drinks and bond with other bikers. It’s also a great opportunity to check out all the latest biker products, gear and, including helmets and other critical safety equipment.  Continue reading →

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A motorcycle accident victim will have the opportunity for a new trial after an appeals court ruled the trial judge erred in excluding certain evidence that would have been beneficial to the plaintiff. motorcycles1

Summerhill v. Klauer was an accident that involved a motorcyclist and a moped rider in Indiana. We explore the case here as some of the legal matters at issue are pertinent to motorcycle accident victims in Fort Myers too.

According to court records, the excluded evidence at issue was:

  • Plaintiff’s accident reconstruction expert witness testimony;
  • Evidence of defendant’s dishonesty, based on a decades-old fraud conviction which he lied about under oath in these proceedings;
  • Plaintiff’s expert medical witness testimony as to the likelihood his injuries were result in post-traumatic arthritis in the future.

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Usually when spouses find themselves on opposite sides of the courtroom, it’s a family law issue: Divorce, child custody, alimony payments and the like.motorcycle

But there are some situations in which spouses who love each other very much and indeed intend to stay together might need to square off in a courtroom – and it’s truly nothing personal.

It has to do with the fact that individuals cannot sue insurance companies directly for personal injuries. That leaves plaintiffs sometimes no choice but to sue the negligent person – and sometimes that includes a relative, close friend or even a spouse. The insurance company provides indemnification for the defendant and will be required to pay the judgment to plaintiff if defendant is found liable. It is sometimes the only way a plaintiff can recover damages for medical bills, lost wages and ongoing pain and suffering. In the majority of cases, the parties involved remain on good terms. Continue reading →

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Auto insurance companies often will not pay an insured what is owed under uninsured/underinsured motorist coverage provisions without a fight. motorcycle2

Uninsured/underinsured motorist coverage is coverage paid for by the insured in the event he or she is injured due to the negligent actions of another driver who either has a low maximum payout or lacks insurance. Although this type of coverage isn’t mandatory in Florida, it usually comes standard in most auto insurance packages, and people have to sign a waiver declining it if they choose to do so. It’s a good idea to have it, however, because recent studies indicate 1 in 4 drivers in Florida don’t have any coverage at all.

In the case of State Farm Mut. Auto. Ins. Co. v. Earl, a motorcyclist suffered severe injuries in a 2008 crash after a semi-truck merged into his lane, forcing him off the highway at 65 mph. The motorcyclist survived, but the trucker didn’t stop and was never found. (Other witnesses on the road confirmed his account of what happened.)

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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.
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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.
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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.
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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.
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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.
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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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