South Florida Injury Attorney Blog

A motorcycle rider is hospitalized in critical condition after a serious accident with a stolen car. According to the South Florida Sun-Sentinel, motorcyclist Guy John of Tamrac slammed into a stolen Chrysler Sebring that turned out of a gas station driveway in front of him April 20. The driver, John White, fled the scene of the accident, but later slammed the car into a tree. He was found by police hiding in an enclosure designed for a Dumpster. He is charged with grand theft auto and resisting an officer, and may be charged further once John’s condition is clear.

If there is a silver lining to this tragic situation, it may be that John and his family won’t have to fight with insurance companies over whether this accident was his fault. In many crashes between a motorcycle and a passenger car, the insurance company for the driver takes every opportunity to blame the motorcyclist for his or her own injuries. As a motorcyclist and a Pembroke Pines motorcycle accident lawyer, I see this sort of cynical cost-cutting more often that I would like. Unfortunately, it can be convincing to juries who believe that motorcyclists are all risk-takers and law-breakers who love to speed. But in this case, it’s clear that White, the car thief and hit-and-run driver, is the law-breaker.

In cases like this, where the other driver is criminally charged, people without much legal experience might wonder whether victims even have the ability to pursue an Aventura motorcycle accident lawsuit. Not only do they have that right -- regardless of whether police are pursing criminal charges -- but in my experience as an attorney, criminal charges against the defendant can strengthen a civil case considerably. Criminal charges that are directly related to the injury show juries that law enforcement thought the defendant’s behavior was not only unsafe, but even illegal. That’s clear evidence of negligence, or severe carelessness, which you must prove in order to win a motorcycle accident claim.

If you or a loved one has been in a serious motorcycle accident in South Florida and you believe it was another driver’s fault, our firm, Cohn, Smith & Cohn, would like to help. I am a Coral Springs motorcycle accident attorneywith more than 25 years of experience. More importantly, I ride (and so does my wife) -- which means I understand what motorcyclists are up against, both on the roads and in the courtroom. You can count on our firm to stand by your side, even when the other side is exploiting tired anti-motorcycle stereotypes to avoid responsibility for your injuries.

Cohn, Smith & Cohn offers free, confidential consultations to potential clients, so you risk nothing by speaking to us about your legal options. To set one up, please contact us online or call our main office in Hollywood at (954) 431-8100.