Articles Tagged with motorcycle accident

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Proximate cause is a legal concept that limits liability along the chain of causation. In order to establish that one person’s negligence is the proximate cause of another, a plaintiff must show there was:motorcycle

  • Defendant’s negligent act was the cause-in-fact (i.e., a reasonable certainty defendant’s actions caused the injury and injury would not have occurred but for defendant’s conduct);
  • Defendant’s negligent act was the legal cause of injury (i.e., The injury was foreseeable/ of a type that a reasonable person would see as the likely result of his or her conduct).

Questions regarding proximate cause come up a lot anytime there are chain reaction collisions. However, the farther apart in space and time the crashes occur, and the more that happens in the meantime (i.e., superseding causes), the lesser the chance that an act of negligence will be deemed the proximate cause of another’s injury. This is what was seen in a recent case out of South Dakota involving a motorcycle accident wherein two bikers crashed on the same road, near the same curve, but a 40-minute time span apart. The two motorcyclists never collided with each other. Still, the second motorcyclist (plaintiff) alleged the negligence of the first (defendant) created a dangerous condition that was the proximate cause of his crash. Continue reading →

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It was December when the 20-year-old young man from Tallahassee had just plunked down a down payment for his first motorcycle. He had some previous experience on the bike and was ready to commit to being a responsible bike owner himself. The bike was so new, in fact, he was on his way to the insurance office to obtain coverage when the motorcycle accident happened. motorcycle1

According to The Tallahassee Democrat, the driver behind the wheel of that Dial-A-Ride bus pleaded no contest in connection with the crash. A judge found her guilty of failure to yield to oncoming traffic with serious bodily injury to the victim.  According to records, the bus driver for the service, which offers curb-to-curb pick-up for the elderly and those with disabilities, was making a left turn when she struck the young motorcyclist.

The same day she was adjudicated in court and her license was suspended for 90 days, she was assigned to other duties at the service – but not fired. In fact, the driver has a history of preventable collisions while driving city buses – seven total going back to 1998. Among those cases, reporters noted:

  • Striking a Honda Civic in 2006;
  • Slamming into the mirror of a parked sport utility vehicle;
  • Rear-ending another vehicle in 2012.

Continue reading →