South Florida Injury Attorney Blog

A jury in Manatee County in late October heard a wrongful death lawsuit filed by the parents of a young woman killed as a passenger in a fatal Florida motorcycle accident. The Bradenton Herald reports that the parents of Jaclyn Bien are suing the motorcycle's rider, Ricky Lee Rowell, alleging that his underage drinking and reckless speeding caused the accident.

According to the family's attorney, 19-year-old Bien met Rowell, then 20, at a friend's party. They went for a motorcycle ride together that night, during which Rowell exceeded 100 mph, the attorney alleged. At an intersection, they crashed, killing Bien and leaving Rowell with non-life-threatening injuries. Rowell's blood-alcohol level was measured at 0.03 -- below the legal limit for people of legal drinking age, but above Florida's 0.02 limit for underage drivers. In the Florida wrongful death lawsuit, Bien's family is seeking $5 million to $10 million in damages. However, they don't expect to actually recover the money, even if they win; their attorney told the paper that a judicial decision would be enough.

I can't presume to judge Rowell's responsibility for the accident; that's for the jury in this case to do. But as a motorcyclist, I am concerned that this kind of case invokes the worst kinds of stereotypes about motorcycles and the people who ride them. As a responsible and safe rider, I do not support the behavior alleged by Bien's family's lawyer. Underage drinking is illegal, drinking and driving is wrong for everyone, and speeding in excess of 100 mph on a motorcycle -- while fun -- is a risk even when the rider is sober. On a curve, at night and with alcohol in your system, it's a very bad risk.

The vast majority of experienced riders know that, and thanks to Florida's new-rider education law, lots of new ones will soon have food for thought. Motorcycle accidents are often very serious accidents, causing deaths, brain injuries and other life-altering injuries. If you've been hurt on a motorbike through someone else's carelessness -- whether it was a rider or a driver in a car or truck -- you have the right to hold that person legally responsible for the injuries and costs they cause. At Cohn, Smith & Cohn, we offer free consultations, so there's no harm in speaking to us about your case. contact us today to set up a free evaluation of your case.