South Florida Injury Attorney Blog

The annual Leesburg Bikefest biker festival turned tragic April 25 when a participant slid on rough pavement and died. According to the Orlando Sentinel, Roger E. Williams Jr. of Fort Lauderdale hit a worn area of the shoulder of the road that was described as four inches deep and five inches wide. He lost control of his 2001 Harley-Davidson and was thrown off the bike, sliding on the asphalt and into the path of another rider from the same motorcycle club. The other rider was not injured, but Williams was taken to the hospital, where he was pronounced dead.

My heart goes out to both of the riders involved and their families. As a motorcyclist myself, I know how little it takes to slip on a two-wheeled vehicle, and I can’t imagine how it must feel to lose your buddy right before your eyes. But as a Hollywood motorcycle crash lawyer, I also wonder who might be responsible for the “worn” patch of road that triggered the accident. The article described the pavement as four inches deep, which is a great deal more than “worn” -- it sounds like a deep pothole. If it turns out that the pothole was unavoidable and Williams was riding in a reasonably safe manner, the municipal or county government responsible for maintaining that road could ultimately bear responsibility for the accident.

Unfortunately, suing a government agency is much more complex than suing another driver. As I have mentioned on this blog before, governments have “sovereign immunity,” a legal concept that in essence means they can set their own terms as to whether and how they will consider lawsuits against them or their employees. To file a Florida motorcycle accident lawsuit against a state agency, for example, you must present your complaint in writing to at least two agencies within a certain timeframe and with specific information included. You do not get extra time to comply with these rules, and if you don’t follow them exactly, your claim will not be considered valid. In fact, it is possible to wait so long to pursue your claim that you miss the deadline to file and cannot sue at all.

For these reasons, experts recommend that victims get help right away from a Miami-Dade motorcycle accident attorney. At Cohn, Smith & Cohn, we have 25 years of experience as attorneys -- and motorcycle riders on staff who understand what motorcyclists are up against on Florida roads. If you or someone you care about has been seriously hurt in a motorcycle accident in Florida, we can help you win money to cover medical bills, repairs, lost wages and all other costs of the crash, as well as compensation for your injuries, pain and suffering. To tell us more about your case at a free consultation, please contact us as soon as possible.