South Florida Injury Attorney Blog

As a North Miami bicycle accident attorney, I was disappointed to read about the Jan. 17 death of a bicyclist in Miami-Dade. As the South Florida Sun-Sentinel reported Jan. 25, 2,500 cyclists gathered on the Rickenbacker Causeway Jan. 24 to ride in honor of Christophe Le Canne, 44, who was killed by an alleged drunk driver. Police closed the east lanes of the Bear Cut Bridge to accommodate the ride, then escorted cyclists across the bridge. Later, when the riders gathered to speak, they discussed laws that might prevent the same accident from happening again. Suggestions included divided bike lanes, stiffer penalties for aggressive drivers and more restrictions on drinking and driving.

Le Canne was on an early-morning ride along the causeway when he was hit from behind by a Volkswagen Jetta. The Jetta was driven by Carlos Bertonatti, 28, a pop musician with a history of traffic citations. Bertonatti allegedly failed to stop after hitting Le Canne, instead driving off with the bicycle under his front wheels. He faces multiple felony charges related to the accident, including DUI manslaughter. Witnesses said it took 15 to 20 minutes for emergency personnel to respond to the accident, but by the time they arrived, it was too late. This was blamed in part on reduced operating hours in the closest Miami-Dade firehouse, but also on the operator’s failure to call Key Biscayne or Miami firehouses. Other reforms on the bicyclists’ agenda include closing this gap in fire-rescue coverage.

As a Coconut Creek bike accident lawyer, I’m pleased that the cycling community is turning this accident into a call to make the roads safer. But for Le Canne and his family, it’s too late. Our society penalizes drunk driving harshly because it’s very dangerous, accounting for about a third of all fatal car accidents. If it’s proven that Bertonatti was intoxicated, he will instantly be assigned fault for the crash. And that will have important implications if the family chooses to pursue a lawsuit against him. If a blood test or a criminal conviction makes it clear that Bertonatti was too intoxicated to drive, he will certainly be liable for all of the physical and emotional damage the crash caused.

Continue reading "Miami-Dade Bicyclists Gather to Honor Cyclist Struck by Intoxicated Driver" »

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As a Deerfield Beach bicycle accident attorney, I was sorry to see a short article about a bicyclist’s death on the road last week. The South Florida Sun-Sentinel reported Nov. 16 that Danu A. E. White of Delray Beach was killed crossing North Dixie Highway in Boca Raton on Nov. 14. White was hit by a Chevy Impala driven by Aster Michaud of Boca Raton, who was not injured. The article did not give details of the crash, but did say that law enforcement would like more information. Anyone with information that may help is invited to call Traffic Homicide Investigator Mike Daly at (561) 338-1356.

Unfortunately, White’s death follows a series of other deaths and injuries to bicyclists in South Florida in 2009. I wrote on this blog in September about increasing tension between bicyclists and drivers after several accidents, as well as criminal charges for a cyclist who allegedly attacked a driver after a near-crash. Thanks to Florida’s mild climate, the fall and winter aren’t likely to significantly decrease the number of bicycles on the road -- which means riders and drivers both need to keep their guards up and share the road. At the time, a spokesman for the Metropolitan Planning Association of Palm Beach County suggested that public education efforts would soon follow, focused on reminding bicyclists to follow the rules of the road -- their legal obligation -- and drivers to treat bicyclists as equals -- their legal right,

It may not be clear yet who was at fault for the accident that killed White, but bicycle accidents in general are a growing problem in Florida and nationwide. According to the National Highway Traffic Safety Administration, bicycle accidents are down a bit from their highest rate in 2005, but reached a high that year after years of steady decline. Just as interestingly, the bulk of bicycle accident victims are no longer children, but people ages 40 to 65 -- suggesting that more and more adults are picking up bicycling as a form of transportation, exercise or recreation. With the economy down and fuel prices high, drivers are likely to see more, rather than fewer, bikes on the road. As a Hialeah bicycle accident attorney, I hope this leads drivers to begin expecting, and looking for, bicycles on the road, cutting down on these serious accidents.

Continue reading "Accident With Car Kills Bicyclist in Boca Raton" »

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As a Coral Springs bicycle accident attorney, I know that there’s always at least some tension between bicyclists and drivers of cars and trucks. But according to a Sept. 8 article from the South Florida Sun-Sentinel, that tension has gotten higher lately after a series of confrontations and deadly bicycle accidents in South Florida communities. The article recounts at least two accidents this year, one fatal, in which cars hurt bicyclists, and one case in which a bicyclist was charged with assault and battery for attacking a driver he said nearly hit him. In response, local traffic authorities and advocacy organizations are stepping up their efforts to educate both groups and advocate nonviolent ways to resolve disputes.

The problems the article outlines are mostly the same problems cyclists and drivers have in every urban area. Cyclists say some drivers behave as if the cyclists are not entitled to use the road, honking angrily and buzzing or clipping the bicycles and sometimes knocking them down. Drivers, in turn, say cyclists take up too much space on the road and don’t follow traffic laws. According to Bret Baronak, pedestrian and bicycle coordinator for the Metropolitan Planning Organization of Palm Beach County, part of the problem is South Florida’s car culture, which allows cars to dominate the roads. Baronak expects to soon see efforts at “share the road” education, explaining the rights and responsibilities of people on both kinds of vehicle.

As a bicycle accident attorney in Broward County, I do not believe either group is entirely innocent. However, I notice that this article doesn’t note the most important part of this power struggle: the fact that a car can kill a bicyclist, regardless of who caused the accident. When a bicycle accident turns into an assault or a preventable death, the at-fault person can face serious consequences, including a wrongful death or injury lawsuit as well as criminal charges. Everyone gets annoyed with other people on the road sometimes, but when it crosses the line into potentially fatal road rage, people can be killed or disabled for life. With that much at stake, it is essential for both groups to calm down and think before acting.

Continue reading "Clashes and Crashes Increasing Between Drivers and Bicyclists in South Florida" »

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A woman in the Orlando area was killed in late October when she was hit by a man in an SUV. According to the Orlando Sentinel, the victim and her husband were riding across the Granada Bridge in marked bike lanes when she was struck from behind by the driver. Her husband was not injured and the driver stopped at the scene.

With so many people seeking alternative transportation in this time of rising gas prices, this sort of accident bears attention. It's worth noting that the victim was in the bike lane -- right where she was supposed to be -- and that she was struck from behind. According to a study of Orlando-area bike accidents (PDF) by a partnership of regional transport agencies, only 5% of fatal bicycle accidents happened when the cyclist was in the bike lane, and even fewer were rear-end accidents. Judging only by this very short article, it looks like the problem was in the SUV.

Finding the correct lane and staying in it protects everyone -- car, truck, motorcycle, bicycle and pedestrian -- from serious accidents. The difference is that bicyclists don't have heavy gear, seatbelts or airbags to protect them. They still have the responsibility to take care -- the Orlando study notes that intoxication and lack of lights at night are factors in multiple cyclist fatalities -- but drivers have a responsibility to take care too. Florida has generous bicycling laws that require drivers to leave three feet at the side of the road for cyclists, not counting gutters, and allows them to cross a center line to do it. Sharing the road in this way only takes an extra moment and could prevent a deadly accident like this one.

If you were hurt in a bicycle accident with a careless motorist, you have the right to hold that person responsible for the results -- medical, financial and personal. The Florida bicycle accident lawyers at Cohn, Smith & Cohn can help. To learn more about your legal options, please contact us today for a free consultation.

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Posted In: automobile accidents , bicycle accidents , wrongful death

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The news has been unpleasant lately for Florida travelers on two wheels. The Tampa Tribune reported two separate hit-and-run accidents in the Tampa area in the same day -- one involving a motorcyclist and passenger and one involving a bicyclist. All three were taken to a hospital.

The bicyclist was struck from behind by a pickup truck while riding in the right lane; he was thrown into a parking lot. According to witnesses, the truck left without stopping or leaving skid marks. In the motorcycle accident, the motorcyclist was proceeding straight, legally, when a Ford turned into the bike's path, hitting its left side. Both the rider and his passenger were thrown from the bike. In both of these cases, the two-wheeled vehicle was not breaking any traffic rules, from what the report said; the drivers of the car and truck either failed to see them or failed to respect their status as other vehicles. In fact, as a motorcyclist myself and a Florida motorcycle accident lawyer, I can tell you that a car or truck turning into the path of an oncoming bike is unfortunately one of the most common types of motorcycle accident.

As a South Florida accident lawyer, I work with victims of traffic accidents every day, which is why I feel strongly that there is never any excuse for a hit-and-run accident. When the person at fault refuses to stop and take responsibility for his or her actions, the victims are in a sense victimized twice -- once by injuries that are not their fault, and again by the doubt and uncertainty of not knowing whose fault it actually is. This is important for practical as well as personal reasons; it may complicate any insurance claim the victims make and will certainly add extra red tape to a situation that already counts as a nightmare for many of my clients.

Because leaving the scene of an accident is a crime, the perpetrators will be criminally charged, if they are caught. They have also set themselves up for a big disadvantage in any motorcycle or bicycle accident lawsuit the victims choose to file. Juries and judges rarely look kindly on drivers who drive on by and leave the people they injured lying in the street, even if there is no criminal conviction.

If you or someone you love was hurt in a car, motorcycle or bicycle accident caused by someone else's irresponsible driving, please contact our firm, Cohn, Smith & Cohn, to learn more about your rights and your case.

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Posted In: bicycle accidents , motorcycle accidents

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As a Florida bicycle accident lawyer, I was pleased to see in the South Florida Sun-Sentinel recently that Palm Beach County is working toward adding marked bicycle lanes to popular roads in the county. According to the article, bicycling advocates and county engineers are working together to identify which roads are most likely to carry substantial bike traffic and mark their shoulders with painted lanes designated for bicycles. This is described as a compromise; the county has opposed any bike lanes because it believes it would be obligated to maintain them, which it estimates would cost hundreds of thousands of dollars a year.

The article doesn't tell you this, but as a longtime South Florida resident and bicycle accident lawyer, I happen to know that many of these roads already have four-foot paved shoulders that were specifically intended for the use of bicyclists. The county's financial concerns have kept the lanes from being specifically marked as bike lanes, pitting the county against bicycle advocates who believe marked bike lanes promote both bike safety and greater use of bikes as transportation.

As a driver and a motorcyclist who has used South Florida roads for decades, I agree. Marked lanes promote bicycle safety by showing everyone on the road where they should be and discouraging either kind of vehicle from entering the other's lane. As a motorist, I appreciate knowing where I can expect to see bicycles. For the same reasons, a marked bike lane helps beginning bicyclists feel more confident about how they ride in traffic -- and where they can turn to find more bike lanes.

As to the cost, I don't have any expertise on street sweeping -- but as a personal injury lawyer, I can certainly tell you that the county is not legally responsible for the injuries of a biker who didn't watch for debris in the road. We all have a basic legal responsibility to take reasonable care on the road, and part of that responsibility is to avoid obvious hazards. Another is to avoid harming others, and that's where marked bicycle lanes could help -- by giving motorists clear directions on how to "share the road" and avoid causing a serious Florida bicycle accident.

Bicycle accidents can be very serious, causing broken bones, brain injuries and even wrongful deaths. We should do everything we can to prevent them. But if you are a bicyclist hit by a car or truck in South Florida, you should contact my firm, Cohn, Smith & Cohn, to discuss recovering money for your injuries in a Florida bicycle accident lawsuit.

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I’ve seen a lot of articles recently suggesting that people are using alternative transportation to avoid the high gas prices we’ve seen this year. It’s hard to pin down statistics on that, but officials in both Florida and Washington have speculated recently that we may see more two-wheeled vehicles on the road if gas prices stay high. After the National Highway Traffic Safety Administration’s recent release of new accident statistics, federal Transportation Secretary Mary Peters suggested that more drivers may turn to motorcycles and scooters that get 50 mpg or more. And closer to home, the East Orlando Sun reported that more people here in Florida might turn to bicycles to avoid buying gas altogether. Judging by what I’ve personally seen on the road, they’re both right.

If this is true, it’s mostly great news. Motorcycling and bicycling both offer a lot of advantages over driving, including fun, easy parking and less effect on the environment as well as fuel savings. If you’re bicycling, you’re also getting some healthy exercise. But as an experienced motorcyclist, I can’t emphasize enough to new riders that traveling on two wheels requires a little extra caution. When you’re on a bike of either type, you’re less visible to other motorists. And without a steel cage, seat belts or airbags around you, you’re a lot more vulnerable in the event of a crash. That’s one reason U.S. motorcyclists were 35 times more likely to die in a crash than drivers in 2006, even though they only accounted for 0.4% of all vehicle miles traveled. The NHTSA doesn’t keep the same statistics for bicycles, but it does note that Florida had the highest bicycle fatality rate in the nation in 2006, at 7.3 deaths for every million Floridians.

To prevent these horrific and unnecessary tragedies, federal and local authorities have asked motorists for years to “share the road.” While enforcement generally -- and in my opinion, correctly -- focuses on drivers who aggressively crowd or resent bikes and motorbikes, sharing the road is a two-way street. You can’t control the folks around you, unfortunately, but you can and should do what you can to minimize your risk. Here are some tips on sharing the road for everyone -- drivers, motorcyclists and bicyclists -- from the Florida Bicycle Association and the Motorcycle Safety Foundation:
Know your responsibilities. Under the law, bicycles and motorbikes are vehicles, with all of the same rights and responsibilities that drivers have. That means you have to stop for traffic signals, signal your turns and yield to pedestrians and other vehicles when appropriate. In addition to preventing an accident, following these rules also protects you from false accusations of reckless biking if you do get hit.

Stay aware. Drivers are much more likely to see a two-wheeled vehicle if they’re looking for one. For drivers, that means they need to keep the possibility of a bike in mind at all times, yield when they see one and be extra careful when gauging its speed. For riders, that means doing their best to stay visible to drivers, and taking extra precautions with the knowledge that drivers may not see them.

Know your rights. Motorcycles are entitled to a full lane at all times; bicyclists are entitled to one when cars can’t pass safely. You are not “blocking the road” if you’re making a move for safety’s sake.

Don’t drink and ride (or drive). Even if a DUI doesn’t scare you, consider the possibility of dying or sustaining permanent brain damage or another disability -- or accidentally inflicting those injuries on someone else. Even if you’re on a bicycle, if you can’t walk straight, it’s best to call a cab.

If you’ve been hurt despite your best efforts by a driver who just “didn’t see” your bicycle or motorcycle, contact us today for a free consultation.

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Posted In: automobile accidents , bicycle accidents , motorcycle accidents

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