Wednesday, October 26, 2011

Two Horrible Motorcycle Accidents in Miami Area Remind South Florida of the Dangers in Riding Motorcycles Here

Motorcycles are fun and freeing - and the weather here in South Florida invites all sorts of people to drive our roadways on their motorcycle - be it a rice chopper, a cruiser, whatever.

It's adventurous. It's romantic. It's downright American.
However, in two separate news stories this week, both involving motorcycle accidents, people were seriously injured and killed while peacefully riding along on their bikes.

These tragedies remind all of us how serious these types of crashes can be. Even when -- especially when -- the biker is doing absolutely nothing wrong.

1. Pembroke Park, biker hit from behind by SUV - serious injuries
In Hollywood, Florida, bike enthusiast Ytzhak Hartzy was hit from behind on I95 near Pembroke Road (in the park) by a hit-and-run driver driving a black Kia SUV early Sunday morning. Last we knew he remained in critical condition at Memorial Regional Hospital.

The Florida Highway Patrol Sergeant is investigating - but they know the driver's identity (and they've arrested him) thanks to witness John Roxey, who saw Hartzy get hit, fly into the air, and roll down the roadway several hundred feet. Roxey and a pal followed the hit-and-run driver and held him until the cops arrived.

(Now, there's a great witness for trial, right?)

2. Lakeland, two died as motorcycle tries to avoid car pulling out of driveway
In Lakeland, Michael Mitts and his passenger, Laura Nalley, were riding a motorcycle down North Chestnut Road on Monday evening (about 7:30 p.m. according to the Florida Highway Patrol), when a driver started backing out of his driveway oblivious to the bike coming down the road.

Mitts hit the brakes. Both Mitts and Nalley were thrown from the bike; the bike crashed into the car. Both were pronounced dead at the crash scene.

Florida Law and Motorcycle Crashes - Personal Injuries and Wrongful Death in Motorcycle Accidents
In Florida, the law requires that anyone driving a motorcycle on Florida roads know what they are doing: you must have special knowledge and the state gives you a special license to drive a two-wheel motor vehicle. Florida also requires helmets.

However, even the most experienced rider - wearing leathers, obeying the law with that helmet - is vulnerable to the cage drivers out there.

Like these two examples. In both these motorcycle crashes, there doesn't appear to be any question that the motorcycle drivers were not at fault here.

Whether or not criminal cases will proceed against the car (or SUV) drivers in these terrible wrecks, the truth is that Florida personal injury law provides some level of justice in the form of a civil lawsuit.

Under the law of negligence here in Florida, damages in the form of wrongful death, pain and suffering, lost wages, medical care, etc. can be obtained through a personal injury lawsuit.

What's involved in a Florida motorcycle accident negligence lawsuit?

Under Florida law, when someone causes personal injury to another due to their negligent acts, then they are legally responsible for all the harm that results from what they've done.

The personal injury lawsuit must prove that:
1. There was a duty of care owed to the person injured (the one on the motorcycle) in this circumstance -- which is clear from the laws covering driving on Florida's roads;
2. For some reason (driving drunk? distracted driving?), the defendant failed to meet his or her duty of care to the guy on the bike; and
3. As a result, the plaintiff (e.g., the motorcycle driver or passenger) was injured or killed.

By Bryant Esquenazi on May 17, 2011 1:37 PM

1 comment:

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