South Florida Injury Attorney Blog

A man accused of causing a fatal Manatee County motorcycle crash was found guilty of a related traffic violation, the Bradenton Herald reported May 7. James Brand pleaded no contest to a traffic citation he received after making an illegal left turn in front of a motorcycle. The motorcyclist, 50-year-old Donna Burmeister, was thrown from her bike and killed in the crash. Brand has not been criminally charged in the crash, but a Florida Highway Patrol spokesman said an investigation is still underway.

It is unclear from the article how the accident happened, but Brand was cited for making an illegal left turn into Burmeister’s path -- a common and deadly pattern in motorbike accidents. Florida law required the maximum sentence for the traffic violation: a six-month license suspension, a $1,000 fine and points on his license once he completes the suspension. Because he was adjudicated guilty of the charge, he is also liable in any South Florida motorcycle crash lawsuit victims choose to file. Burmeister’s adult son, Gavin Cipaldo, told the newspaper that he would prefer a criminal charge in the case.

Even if the agency does not come back with criminal charges for Brand, Cipaldo and his family can still pursue justice through a Florida motorcycle accident lawsuit. A lawsuit cannot put a careless driver in prison, of course, but it allows the family of a wrongfully killed biker to hold that driver responsible for his or her actions in a court of law. It also allows them to defray some of the financial costs of a motorcycle accident, which can be quite steep. In a wrongful death case like this one, family members can recover funeral costs; any medical and repair costs; income the family will lose throughout the lost person’s working lifetime; and compensation for their own emotional losses. In an injury case, the victim would instead be eligible to recover compensation for injuries, pain, suffering and any permanent disability or disfigurement.

My law firm, Cohn, Smith & Cohn, specializes in representing motorcycle accident victims such as these. I ride myself, as does my wife, so I understand what motorcyclists face every day on Florida roads. Our Pompano Beach motorcycle crash lawyers represent injured bikers aggressively when dealing with insurance companies and others eager to blame them for the accident. With more than 25 years of experience, we have a strong record of success in motorcycle cases, winning money that allows our clients to get the medical care they need, and when possible, eventually get back on the road.

If you or a loved one has been seriously hurt in a motorcycle accident in Florida, Cohn, Smith & Cohn would like to help. For a free consultation on your case and your rights, please contact us online or call our main Hollywood office at (954) 431-8100 as soon as possible.