South Florida Injury Attorney Blog

As a Boca Raton motorcycle accident attorney, I was interested to note that Florida authorities have made an arrest in the tragic and avoidable death of a motorcyclist last year. The St. Petersburg Times reported Jan. 18 that Deborah Terrero, 53, was arrested as a “fugitive from justice” at her home in Troy, NY over the weekend. Terrero is charged with vehicular manslaughter and driving under the influence in the crash that killed Nicole Centrangolo, 38, of New Port Richey. Centrangolo was a passenger on a motorcycle operated by 48-year-old Kenneth Dillon of Port Richey, who was seriously injured. Neither Terrero nor her passenger were injured.

According to the article, Dillon and Centrangolo were headed north on U.S. 19 when Terrero ran a stop sign on a side street. Dillon tried to avoid a crash by changing lanes, but Terrero’s turn was wide and Dillon rear-ended her SUV. It wasn’t immediately clear why Terrero was called a “fugitive from justice” in the warrant; reports from the time show that she did not hit and run. She was a resident of Hudson at the time, but apparently moved to New York during the investigation. However, state records show that she had five speeding tickets, several license suspensions and three charges of leaving the scene of a 2006 accident during her Florida residency. Her license was not suspended at the time of the arrest.

As a motorcycle crash attorney in Davie, I’m pleased to see that justice is being done for Centrangolo and Dillon. In reports from the time, the Florida Highway Patrol said charges were pending the outcome of an investigation, so presumably, law enforcement was considering charges from the beginning. In fact, if the FHP always had test results showing Terrero was intoxicated, it’s surprising that it took so long to make the arrest. The article doesn’t say why Terrero might have moved to upstate New York, but if she was trying to avoid an arrest and criminal conviction, the move will almost certainly count against her in the criminal case. It could also weaken her case significantly if Dillon or Centrangolo’s family choose to file a motorcycle accident lawsuit against her.

Continue reading "New York Woman Arrested for Fatal 2009 Motorcycle Crash in Pasco" »

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As a Pembroke Pines motorcycle accident attorney, I was interested to see an article about a motorcycle crash lawsuit in Palm Beach County. TV station WPTV reported Dec. 29 that a Jupiter man has sued the owner of a motorcycle over a 2007 accident that killed the man’s wife. Daniel and Sandra Casey borrowed a Harley-Davidson motorcycle from Keith Deyo. On Dec. 30, 2007, they were rear-ended by a pickup truck in Indiantown. Daniel Casey alleges that Deyo failed to properly maintain the motorcycle’s brake and rear turning lights, making it harder for the truck’s driver to see that they were making a turn.

According to the article, the Caseys were dragged under the truck after they were rear-ended on the State Road 710 bridge in Indiantown. The truck’s driver then fled the scene. The article did not say whether that driver was ever found. In his wrongful death lawsuit, Daniel Casey claims that Deyo knew the motorcycle’s back and turning lights were not maintained properly before he lent it to the couple. This left them with no way to warn other drivers in traffic when they stopped or turned, making an accident more likely. Daniel Casey’s lawsuit, filed in Martin County, requests at least $15,000 in damages for the wrongful death of his wife.

Like many people, I would prefer to hold the driver of the pickup truck responsible for the accident as well. But as a Boynton Beach motorcycle crash lawyer, I think this case is a good example of how third parties who weren’t directly involved in a crash may also bear some liability. When hit-and-run drivers can’t be identified, they cannot be held personally and financially liable for the crashes they cause. That means victims cannot collect the compensation to which they are entitled, no matter how clear the fault might be. The exception is when a third party can be held liable, as in this case. In addition to the owner or maintainer of faulty equipment, an at-fault third party might be another driver; an auto manufacturer that sold a defective vehicle; or a government agency that failed to adequately maintain a safe road. In these cases, the jury in any lawsuit will determine each party’s percentage of fault, and thus, their share of the financial payment.

Continue reading "Husband of Woman Who Died in Motorcycle Crash Sues Owner Over Alleged Defects" »

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Posted In: motorcycle accidents , wrongful death

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A few weeks ago, I wrote about the FHP’s report of unusually high numbers of hit-and-run accidents in Florida. That post included references to at least two accidents involving motorcyclists who might have survived their crashes -- if a second vehicle hadn’t hit them while they were struggling to get up from a first accident. As a Deerfield Beach motorcycle accident lawyer, I’m sorry to say that television station WSVN reported another such accident Dec. 5. Police are asking for the public’s help finding the driver of a vehicle, possibly a black pickup truck, that struck and killed a 38-year-old woman in southeast Miami.

The accident that killed Clara Baquero de Doy took place on Krome Avenue near Kendall Drive at around 11:30 p.m. Dec. 6. The victim was riding on the back of a motorcycle in the northbound lanes of Krome Avenue. For reasons that were not clear to law enforcement, she fell from the back of the bike and ended up in the southbound lanes. There, she was hit by an oncoming vehicle, whose driver then left the scene. Police speculate that the driver may not have realized that he or she hit a person, but hope that the news report will help that driver realize what happened. Lt. Alex Annunciato of the Florida Highway Patrol asked that driver, or anyone else who may have been at the scene, to come forward with more information.

As a Dania Beach motorcycle crash attorney, I am disappointed to read about yet another hit-and-run affecting a Florida motorcyclist. As I have noted on this blog before, Florida has the nation’s highest rate of hit-and-run accidents. Accidents with motorcyclists may be particularly likely to produce hit-and-runs because the severe injuries a motorcycle accident can cause may make some drivers panic and leave the scene. In cases like this, the low visibility of motorcycles and their riders may also be a factor. Unfortunately, leaving the scene of an accident sets drivers up for substantially worse consequences if they are caught. Not only could those drivers face charges of leaving the scene -- even if the original accident does not result in criminal charges -- but they could also end up on the wrong side of a Pompano Beach motorcycle accident lawsuit. Juries in both criminal and civil courts have little patience for drivers who hit others and leave them on the roadside as they flee.

Continue reading "Police Seeking Black Pickup Truck That Struck and Killed Downed Motorcyclist" »

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A few weeks ago, I wrote about the FHP’s report of unusually high numbers of hit-and-run accidents in Florida. That post included references to at least two accidents involving motorcyclists who might have survived their crashes -- if a second vehicle hadn’t hit them while they were struggling to get up from a first accident. As a Deerfield Beach motorcycle accident lawyer, I’m sorry to say that television station WSVN reported another such accident Dec. 5. Police are asking for the public’s help finding the driver of a vehicle, possibly a black pickup truck, that struck and killed a 38-year-old woman in southeast Miami.

The accident that killed Clara Baquero de Doy took place on Krome Avenue near Kendall Drive at around 11:30 p.m. Dec. 6. The victim was riding on the back of a motorcycle in the northbound lanes of Krome Avenue. For reasons that were not clear to law enforcement, she fell from the back of the bike and ended up in the southbound lanes. There, she was hit by an oncoming vehicle, whose driver then left the scene. Police speculate that the driver may not have realized that he or she hit a person, but hope that the news report will help that driver realize what happened. Lt. Alex Annunciato of the Florida Highway Patrol asked that driver, or anyone else who may have been at the scene, to come forward with more information.

As a Dania Beach motorcycle crash attorney, I am disappointed to read about yet another hit-and-run affecting a Florida motorcyclist. As I have noted on this blog before, Florida has the nation’s highest rate of hit-and-run accidents. Accidents with motorcyclists may be particularly likely to produce hit-and-runs because the severe injuries a motorcycle accident can cause may make some drivers panic and leave the scene. In cases like this, the low visibility of motorcycles and their riders may also be a factor. Unfortunately, leaving the scene of an accident sets drivers up for substantially worse consequences if they are caught. Not only could those drivers face charges of leaving the scene -- even if the original accident does not result in criminal charges -- but they could also end up on the wrong side of a Pompano Beach motorcycle accident lawsuit. Juries in both criminal and civil courts have little patience for drivers who hit others and leave them on the roadside as they flee.

Continue reading "Police Seeking Black Pickup Truck That Struck and Killed Downed Motorcyclist" »

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As a motorcyclist and a Broward County motorcycle accident attorney, I was interested to read about a public gathering in support of tougher laws for motorists who kill motorcyclists. The Pensacola News Journal reported Dec. 1 that about 150 riders from the Gulf Coast chapter of ABATE (American Bikers Aiming Toward Education), a motorcycle enthusiast and political group, circled an Escambia County building where a hearing was being held on just such an accident. Tammy Bellamy, 22, of Mississippi, pleaded no contest to failure to yield in the Sept. 11 accident that killed Anthony Nalbone, 55, and seriously injured Diana Oglesbee, 45. ABATE members, some of whom also attended the hearing, gathered outside to request stronger penalties for accidents that result in a death.

According to the article, Bellamy turned left in front of Nalbone’s motorcycle late at night on Sept. 11. The resulting crash threw both riders off the bike. Neither was wearing a helmet, and no one involved was drinking. However, Bellamy told investigators that she “never saw” the motorcycle before the crash. The article said the evidence in the case did not support the more serious charge of reckless driving against Bellamy, but ABATE chapter president Gary VerCrouse said the case was an example of why stiffer penalties are needed. VerCrouse and others held another such vigil in July of 2008, when a similar civil fine was the only penalty against an 18-year-old driver responsible for a fatal motorcycle crash. For years, ABATE has lobbied the Florida Legislature for stronger laws in such cases.

As a Davie motorcycle crash lawyer, I strongly support efforts to raise public awareness of motorcycles and their vulnerabilities on the road. And I would certainly be interested in knowing more about the circumstances of an accident that caused a death, yet still didn’t merit charges more serious than a traffic ticket. But because I work with the driving public on a regular basis, I am not sure whether a higher fine would be enough to reduce accidents from cars that fail to yield to motorcycles that drivers “don’t see.” Nor does a higher fine seem like enough, by itself, to penalize people who cause a death through sheer negligence. I would support efforts to establish a new law that strikes a middle ground between a “failure to yield” ticket and vehicular homicide -- especially if it comes with a heavy dose of education for all Florida motorists.

Continue reading "Bikers Group Holds Protest at Hearing on Accident That Killed Motorcyclist" »

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As a Pembroke Pines motorcycle accident attorney, I was disappointed to see yet another report of a left-turn crash killing a Florida motorcyclist. The Fort Myers News-Press reported Nov. 23 that Robert Cook, 57, was killed when a school bus turned left into his motorcycle early this morning. Cook was heading south on John Morris Road as the bus was going north. When the bus attempted a left turn, it hit Cook, who died at the scene. Fortunately, there were no children on the bus, and the bus driver, John Donohue, 68, was not injured. However, the intersection was shut down for about four hours as emergency crews worked to clear it. A Florida Highway Patrol said charges are pending in the case.

Unfortunately, it’s not at all unusual for left turns to cause serious motorcycle crashes. According to the Hurt Report, the definitive study of motorcycle crash causes, the most common motorcycle accident configuration is a motorcycle going straight as a car or truck makes a left turn into that motorcycle’s path. It also says intersections are the most common place for motorcycle crashes to occur. The report does not speculate on why this might be, but does say that other motorists’ failure to see motorcyclists is the predominating cause of crashes. To an experienced motorcyclist and Deerfield Beach motorcycle accident attorney like me, this merely supports what I already know from experience -- that drivers don’t look for motorcycles, possibly because they don’t expect to see any.

What is unusual about this accident is the involvement of a school bus. Statistically, buses of any kind have a very low rate of accidents. Statistics from the National Highway Traffic Safety Administration show that school buses accounted for less than 1% of all fatal accidents between 1998 and 2008. However, when school buses are involved in crashes, they bring a massive amount of weight to the collision, which translates to much greater force than any ordinary car, truck or motorcycle can generate. That means buses can literally crush the smaller vehicles (and people) in their way. This is dangerous for everyone, but it poses an especially serious threat to pedestrians, bicyclists and motorcyclists. In fact, despite the fact that school buses almost never have seat belts, nearly all -- 92% -- of school bus fatalities are to people outside the buses.

Continue reading "Left Turn Crash With School Bus Kills Motorcyclist in Southwest Florida " »

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As a motorcyclist and a Cooper City motorcycle crash attorney, I was dismayed to see a Nov. 20 article in the Daytona Beach News-Journal about an “outbreak” of hit-and-run accidents in the region. According to the newspaper, the Florida Highway Patrol is seeing a very high number of hit-and-run accidents -- 19 on Nov. 18 alone. Florida saw five fatal hit-and-runs in the past month, the article said, including two in Central Florida. Central Florida has seen 13 fatalities from hit-and-runs in all of 2009. These crashes include all kinds of motorists as well as pedestrians. However, the focus of the article was on two motorcyclists killed in the past month on Volusia County roads, and a third left at the roadside with a broken leg. In all three cases, the responsible driver left the scene.

One of the motorcyclists the article talks about is John Eaton of DeLand. Eaton, 46, was rear-ended by the driver of a pickup truck as he left a bar in DeLeon Springs. He was thrown into traffic on U.S. 17. Other people tried to help him up, but a second vehicle ran him over and left the scene. It was the day after his first wedding anniversary. Another motorcyclist, 47-year-old Kevin Hill of Sanford, was hit head-on by a vehicle that was trying to pass another vehicle in the opposing lanes. He was conscious and sitting up after the crash, and others were trying to get him off the road, but driver Susan Norman, 40, hit him and kept on going. Her car was disabled and she was found a few miles away. Charges are pending. FHP Sgt. Kim Montes said drivers who leave the scene tend to have something to hide, such as driving under the influence, a suspended license or other legal problems.

As a Plantation motorcycle accident lawyer, I hope articles like this can help the FHP solve some of its unsolved fatal hit-and-runs. Leaving the scene of an accident might sound like a good idea to panicked motorists, but it tends to make matters worse in the long run. Hitting and running harms victims and their families twice, leaving them with no answers and no liability insurance policy to collect on. In some circumstances, victims can collect on uninsured/underinsured motorist policies -- but even that can be difficult if the insurance company sees an opportunity to deny an expensive claim. Meanwhile, drivers who get caught are nearly certain to be criminally charged with leaving the scene. And hitting and running can also make the situation worse if the driver is hit with a lawsuit, because juries are not likely to be impressed with this behavior.

Continue reading "Central Florida Police Seek Public’s Help Solving Hit-and-Run Motorcycle Crashes" »

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Posted In: automobile accidents , motorcycle accidents , pedestrian accidents

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As a motorcyclist and a Coconut Creek motorcycle crash attorney, I was sorry to see a report suggesting that yet another motorcyclist may have been critically injured by a driver’s inattention. According to a Nov. 3 article from WPTV.com, a young man from Boynton Beach is in critical condition at Delray Medical Center after his motorcycle was struck by an SUV. Shane Workman, 18, was reportedly riding through Boynton Beach at around 10:30 p.m. when he was hit by an SUV making a U-turn. The driver of the SUV, Michael Frank, 22, of Lighthouse Point, was not injured.

Workman was reportedly heading south on North Congress Avenue between Miner Road and Gateway Boulevard just before the accident. Frank, the driver of the SUV, made a U-turn into Workman’s path, striking him and throwing him from the motorbike. Workman suffered unspecified serious injuries. Frank reportedly left the scene at first, but was later located. Police are investigating, but said charges are likely pending the outcome of the investigation. Any witnesses are invited to call Crime Stoppers of Palm Beach County at 1-800-458-TIPS or Traffic Homicide Investigator Cory Gray at (561) 742-6824.

My best wishes go out to Workman and his family. Unfortunately, as a North Miami motorcycle accident lawyer, I know best wishes may not be enough in a serious crash like this one. Motorcycle accident injuries can be extremely serious, including head injuries, multiple broken bones, soft tissue damage and sometimes severe burns. Head and brain injuries are also the motorcycle accident injuries most likely to lead to death. If seriously injured riders pull through, they may have months or years of physical and occupational therapy ahead of them as they adjust to a new disability. And of course, all of this medical care can be very expensive -- treatment of severe head injuries can reach into the millions over the victim’s lifetime.

Continue reading "Teenager Hospitalized in Critical Condition After SUV U-Turns Into Motorcycle" »

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As a motorcyclist and a Coral Springs motorcycle accident attorney, I was disappointed but not surprised to read that a motorcyclist had died in Lake County after a driver turned left into his path. As I have written here in the past, this is one of the most common configurations for a multi-vehicle motorcycle crash. I was also not surprised to see that law enforcement drew blood from the driver to test for impaired driving, something that police must have probable cause to do in Florida. But an Oct. 25 article in the Orlando Sentinel offered a new twist: the left turner is a well-known business and community leader, raising concerns that prosecution may be less than fair.

According to the article, driver Bruce Duncan, 46, left the Florida Gators game early on Oct. 17, heading home to Mount Dora. Around the same time, motorcyclist Herbert “Steve” Muller, 61, was headed home from Biketoberfest in Ormond Beach Oct. 17. The retired postal worker and Navy veteran also lived in Mount Dora. He was headed straight on Wolfbranch Road just as Duncan made a left turn from that road into his subdivision. The Florida Highway Patrol said Duncan’s pickup truck hit Muller, killing him. Troopers drew blood at the scene and impounded the truck, but did not arrest Duncan. Results from the blood test are expected in eight weeks, but according to the article, Muller’s family is concerned that Duncan’s numerous connections in Lake County, including stints in the public defender’s and county attorney’s offices, will allow him to sweep the incident under the rug.

The Florida Highway Patrol promised in the article that Duncan’s background would not affect its investigation. As a Plantation motorcycle accident lawyer, I hope that’s true. According to the article, Duncan has served in county government several times, is a community booster and sits on two boards in addition to running his own local business. It would not be unprecedented for such a person to receive outright favors or well-intentioned sympathetic treatment from friends and former colleagues, before or after the FHP has done its job. There’s no evidence yet to suggest any impropriety, of course; the investigation is still underway. But a motorcyclist has died, apparently through no fault of his own; his family is legally entitled to the same justice anyone else would receive.

Continue reading "Fatal Motorcycle Crash Involving Prominent Lake County Man Raises Fairness Concerns" »

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As a Harley rider and a Davie burn injury attorney, I was dismayed to read about serious burns a sheriff’s supervisor sustained in an unusual accident. The Palm Beach Post and WPEC reported Oct. 5 that Richard Ragali, a Palm Beach County sheriff’s sergeant, was burned over nearly 60% of his body Oct. 2 when he was caught in a fuel fire at a gas station. The fire reportedly started when Ragali’s Harley-Davidson fell over during a stop for gas, igniting a puddle of gas left on the ground and pinning him under the bike. He suffered serious burns and is hospitalized in serious but stable condition. No one else was hurt, although two children were rescued from a nearby minivan that was ignited.

I’m sorry to say that the burn injuries this article describes sound very serious. Doctors use burn percentages to determine whether the patient should be hospitalized and the treatment he or she receives. For patients with moderate burns, about 10% is the threshold for hospitalization; more severe third-degree burns may require hospitalization if they affect just 1% of the body. At 60%, Rigali has lost so much skin that his body may have lost its ability to regulate basics like temperature and hydration. He also faces infection and, once he recovers, scarring so severe that it could limit his physical movement. As a Pompano Beach burn injury lawyer, I’m glad he was able to get to the trauma center so quickly, which substantially raises his chances of a good recovery.

I am also interested in the chain of events that started this fire, which will be very important when Rigali and his family begin to consider insurance claims and legal responsibility for this terrible accident. A small amount of spilled gasoline is almost inevitable at any gas station, but a large spill may constitute an unreasonable and serious safety hazard. If that’s the case, the operator of the station may be legally responsible for failing to clean it up. If the motorcycle slipped from a seemingly secure kickstand or center stand, the stand may also be defective, making the manufacturer liable for designing and selling a defective part. An experienced attorney should be able to negotiate with insurance companies for the at-fault parties -- or, if necessary, sue to recover the victims’ costs and damages.

Continue reading "Off-Duty Sheriff’s Sergeant Critically Injured When Fuel Catches Fire at Gas Station" »

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Most of my work as a Pompano Beach motorcycle accident attorney focuses on two-vehicle motorcycle crashes, caused by a careless driver who didn’t look for a motorcycle or didn’t use good judgment. So it was surprising to see an article in Florida Today Sept. 12 about a motorcyclist who was killed in a different type of accident -- a one-vehicle crash the Florida Highway Patrol says was caused by debris in the road. Robert Toupin, 48, of Rockledge, was headed north on Interstate 95 in Melbourne at around 10 p.m. Sept. 11. According to the FHP, he hit a large piece of tire tread that was lying in the road, causing him to lose control and veer off the highway and overturn several times.

It’s unusual for any traffic accident to be caused by debris in the road. Accident statistics show that the vast majority of motor vehicle accidents are caused by the bad decisions of one or more of the motorists involved, including driving drunk and simply not paying enough attention to the road. However, accidents caused or worsened by flaws in the roadway do happen, and as this story shows, they can be deadly. According to the definitive study of motorcycle accidents, the Hurt Report, roadway defects caused about 2% of motorcycle accidents in the study. Those defects could include debris in the road as well as potholes and cracks; plant growth obscuring signs and signals; poor visibility around corners and curves; or a lack of traffic signals in places where they’re needed.

Like victims of accidents caused by driver negligence, victims of roadway design or maintenance accidents may sue anyone whose carelessness caused their injuries. However, because almost all roads in Florida are designed and maintained by the state, federal or local governments, these victims must sue a government agency. And because governments don’t like to be sued, this is more complicated than suing a private individual or business. Typically, injured people must give prior notice of their claims in writing to multiple agencies, within a specified period of time. It’s only after these conditions are met and the agency denies the claim that victims can sue in a court of law. This complicated process is one reason why experts recommend hiring a South Florida motorcycle accident lawyer to handle claims against a government.

Continue reading "Motorcyclist Killed in Central Florida in Accident Apparently Caused by Debris in Road" »

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I wrote last week about a drunk driving accident in which an allegedly drunk driver hit and killed a motorcyclist in Miramar, dragging him nearly 200 feet before stopping. Despite having a BAC of 0.236, nearly three times the legal limit, driver Robert Jones was driving his stepdaughter to school -- and after the crash, he tried to continue the journey by foot. The Miami Herald followed up on that story Sept. 11 with another surprising and disappointing piece of news: Jones had a valid Florida license even though he was wanted in Maryland for failing to appear in court on another DUI case.

According to the Herald, Jones was on probation in Cecil County, Maryland after serving ten days for driving under the influence and leaving the scene of an accident involving bodily injury. He apparently violated his probation, an offense for which he was supposed to attend a hearing in late 2006 -- but left the state instead. About four months later, he arrived in Florida and applied for a special Florida-only driver’s license using an apparently valid license from Delaware; the DMV does not check criminal records. After Jones was arrested for the Miramar crash, Broward County officers did not find any warrants for his arrest. Nonetheless, Jones is languishing in Broward County jail with nine charges against him, including DUI manslaughter.

As a Lauderhill car accident lawyer, I am not surprised to see that this driver has a history. Statistically, a large minority of intoxicated driving deaths are caused by chronic drunk drivers with several past DUI convictions. Procedures like license checks are supposed to catch this kind of history when drivers move to a new state -- but in this case, the system in Florida failed. An official is quoted in the article saying her agency is only as good as the information provided by other states -- and she’s right. That’s why, as a North Miami Beach car wreck attorney, I would like to see a better information-sharing system between the state DMVs, or even a national licensing program, if appropriate.

Continue reading "DUI Suspect Who Killed Motorcyclist Wanted in Maryland for Drunk Driving Offense" »

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A motorcyclist from Davie was killed by a driver with a blood-alcohol concentration nearly three times the legal limit, the South Florida Sun-Sentinel reported Sept. 8. The crash happened at the intersection of Pembroke Road and Island Drive at 7:20 a.m. Tuesday morning. The newspaper said driver Robert Jones of Miramar hit motorcyclist Eric Maron of Davie as Maron tried to move his motorbike in front of the car Jones was driving. A witness said the car rear-ended the motorcycle and dragged it nearly 100 feet before stopping, killing Maron at the scene.

Jones was driving his nine-year-old stepdaughter to school at the time. They appeared to be unhurt, the witness said, though shaken up. After the crash, they got out of the car and began walking down Island Drive; Jones told the witness that he was walking his daughter to school and would come back. Police caught up with them when they were about seven blocks from the accident and administered two Breathalyzer tests. Both tests showed that Jones had a BAC of nearly 0.2 4%, which is three times Florida’s 0.08% legal limit. The results of a blood test are pending, but Jones was still arrested and sent to Broward County jail on multiple charges, including DUI homicide.

As a Hialeah motorcycle accident attorney, I am pleased that the police were able to catch and charge this irresponsible driver. Because fault in this accident seems very clear, having this driver’s identity will be helpful for the victim’s family as they deal with the practical issues and insurance bureaucracy in this terrible situation. Hit-and-run drivers may have insurance, but when they don’t stop and aren’t caught, there’s no way for their victims to collect on that insurance. The result is that victims are victimized a second time by being unfairly stuck with the bills for someone else’s misbehavior, or even blamed for the accident when they try to collect on their own uninsured/underinsured motorist insurance.

Continue reading "Drunk Driver Kills Motorcyclist in Miramar While Driving Stepdaughter to School" »

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An unnamed motorcyclist in Broward County was hospitalized in serious but stable condition after an accident with a car, the Miami Herald reported Aug. 31. According to the article, the 45-year-old man was riding up Boyscout Road (142nd Ave.) near Southwest 26th Street when a driver cut him off. The driver, who was traveling in the opposite direction, tried to make a left turn in front of him, sending him flying into the windshield of the car. The motorcyclist was conscious at the scene but lost consciousness en route to the hospital, where he was reportedly in stable but serious condition late on Aug. 30.

The article said prosecutors were still considering whether to file charges, at least as of press time. As a Pembroke Pines motorcycle accident attorney and a rider here in Broward County, I hope that prosecutors pursue all charges that are appropriate for the circumstances. Despite efforts by the Florida Highway Patrol and others to increase awareness of motorcycle safety, too many drivers don’t think to look for motorcyclists. It’s already hard to see motorcycles because of their smaller size, and as any experienced rider will tell you, it’s especially hard to see things you’re not expecting to see. The tragic result is that 530 Floridians lost their lives in motorcycle accidents 2007, the highest number of motorcycle deaths in the nation.

Perhaps because of the visibility problem -- and despite outdated stereotypes about motorcyclists -- statistics show that at least half of motorcycle accidents are caused by people in other vehicles. According to the definitive study of motorcycle accident causes, the Hurt Report, three-quarters of motorcycle accidents are multi-vehicle accidents. Of those, two-thirds -- 50% of all motorcycle accidents -- were the fault of a driver who violated the motorcyclist’s right of way. As a Sunrise motorcycle crash lawyer, I use statistics like these in court when they can help me prove my case, but I can’t help thinking that being the driver with the right-of-way is a rather hollow victory when you’re dead. I would much rather see drivers and motorcyclists sharing the road, politely and with awareness.

Continue reading "Davie Motorcyclist in Serious Condition After Car Turns Left Into His Path" »

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The Florida Highway Patrol is looking for the driver of a gold car believed to have caused a serious crash, Tampa Bay Online reported Aug. 10. The crash happened in Manatee County on the afternoon of Aug. 9, on U.S. 301. The FHP accident report said the unknown driver hit another vehicle headed in the same direction, causing a spinout that forced motorcyclist Gary Garrott, 21, into a median. The driver of the car apparently sped north, away from the accident, rather than stop. The FHP is asking anyone with information about a gold car with front-end damage in the region to contact them.

According to the accident report, the gold car was heading north on 301 when it hit a trailer pulled by a pickup truck heading in the same direction, causing a truck driven by Terry Boozer to spin from the right lane into the left lane. That intrusion caused Garrott to swerve away from the truck and into the concrete median, throwing him from his bike. Garrott was hospitalized with unspecified serious injuries and Boozer sustained moderate injuries. Neither was under the influence of alcohol. Law enforcement does not know whether the driver of the gold car was injured.

Leaving the scene of an accident is a crime in Florida and every other state, of course. It also has serious repercussions for accident victims, who are left without any insurance policy to collect from to pay for their injuries. If law enforcement cannot find the driver, victims must rely on any optional uninsured/underinsured motorist coverage they have purchased to cover their injuries. Unfortunately, as a Deerfield Beach auto accident lawyer, I have found that insurers resist making payments on these perfectly legitimate claims. Coverage for hit-and-run drivers is a standard part of UIM insurance, but all too often, insurers claim the driver was not uninsured, the accident was the insured’s own fault or some other flimsy reason to deny coverage. Often, it’s not until the victims hire a Plantation car crash attorney that the insurance company is willing to pay what it owes under its own contract.

Continue reading "Police Searching for Driver in Hit-and-Run Accident That Seriously Injured Motorcyclist" »

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A Flagler County Sheriff’s Deputy suffered serious injuries when he was hit on his motorcycle by a semi truck, the Orlando Sentinel reported Aug. 5. Deputy Sgt. Michael Van Buren was on his way to respond to a traffic accident on Palm Coast Parkway in Flagler County when the accident occurred. His injuries were not believed to be life-threatening, but were described as serious, including possible broken bones. No injuries to the truck’s driver were reported. The Florida Highway Patrol is investigating the incident.

According to the paper, Van Buren was traveling west on Palm Coast Parkway when the accident happened. The accident report said the tractor-trailer was traveling east, but preparing to turn north onto Interstate 95. The article said Van Buren’s motorcycle hit the big rig, but the accident report did not specify how exactly that happened. As a motorcyclist and a Davie motorcycle crash lawyer, however, I know that a left turn in front of an oncoming motorcycle, violating the motorcyclist’s right of way, is one of the most common motorcycle accident configurations. In many of these accidents, the left-turning driver simply doesn’t see the motorcyclist, or doesn’t see the motorcycle until it’s too late to prevent the accident. In others, the motorcyclist is going too fast for conditions.

As a Tamarac motorcycle crash attorney, I was also interested in this crash because it pitted a ten-ton truck against a motorcycle, which is tiny by comparison. The officer is fortunate that his injuries were not serious -- possibly because one or both of the motorists involved were able to think quickly. As a rule, motorcycles are outweighed substantially in accidents with cars and trucks, which is one reason why motorcycle accidents are so much more likely than car crashes to result in wrongful deaths and catastrophic injuries. Motorcyclists are also relatively unprotected, with only gear and helmets -- which are optional for most Florida riders -- between them and the pavement. In a crash with a large truck, that usually spells death or very serious injuries, such as permanent brain damage.

Continue reading "Sheriff’s Deputy Injured in Motorcycle Crash With Semi While on Traffic Duty" »

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Six police officers suffered minor injuries in a chain-reaction crash during a funeral procession, WFTV reported August 4. The officers were riding Harley-Davidsons as part of the funeral of Bruce Rossmeyer, a fixture in the Daytona Beach motorcycle community and the owner of at least 14 Harley-Davidson stores. During a pre-service procession in Ormond Beach, six people from police departments in Daytona Beach, Ormond Beach and Port Orange, as well as the Daytona Beach Fire Department, were involved in a chain-reaction crash. According to a police spokesman, the riders in front braked before riders behind them had time to react, causing an “accordion” that left one officer with a limp and another with a bandaged hand.

Rossmeyer’s funeral attracted multiple bikers, in part because he was well known in the motorcycling community. Florida Today called him a fixture at Daytona Beach’s Bike Week and Biketoberfest, and WFTV said he helped make motorcycles “big again” in Daytona Beach. His Ormond Beach Harley-Davidson dealership, Destination Daytona, claims to be the largest Harley dealership in the world. In fact, Rossmeyer was on his way to the Sturgis Motorcycle Rally in South Dakota when he was killed in an accident in Wyoming. According to Florida Today, Rossmeyer was riding in a group of several motorcyclists and trying to pass a truck when an RV moved into his lane, colliding with his bike.

As a motorcyclist and a Pompano Beach motorcycle accident lawyer, I am sorry to bid Rossmeyer goodbye. In addition to his status as a businessman and a part of the motorcycle community, Rossmeyer was known for raising millions of dollars for charities throughout Florida. If any good can come of his death, however, I hope it raises awareness among drivers of the importance of really looking for motorcycles. The article doesn’t describe or assign fault for the accident, but as a North Miami Beach motorcycle crash attorney, I know that many drivers say after an accident that they never saw the motorcycle coming. That’s especially true when the other vehicle is large like an RV, which can dwarf even a Harley. This may make the resulting accidents the drivers’ fault -- but unfortunately, motorcyclists like Rossmeyer take the bulk of the damage.

Continue reading "Police Officers Injured in Procession for Harley-Davidson Magnate Killed in Motorcycle Accident" »

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A motorcyclist died Sunday after a single-vehicle accident, the Palm Beach Post reported July 20. According to a report released by the Florida Highway Patrol, Christian Holmes of Coral Springs was evading a state trooper when he crashed his motorcycle. He was heading south on Interstate 95 when a trooper noticed him speeding and gave pursuit, the report said. After about six minutes, Holmes took the eastbound State road 706 exit, which has a tight curve and a posted speed limit of 20 mph. He failed to negotiate the curve and died at the scene after crashing into a guardrail.

As a motorcyclist and a Pembroke Pines motorcycle accident lawyer, I don’t enjoy reading about any fatal motorcycle accident, especially one in which the motorcyclist is so clearly at fault. But with the number of motorcycle accident fatalities rising in Florida and across the United States, it’s worth noting that this rider died because he was speeding. Because motorcycles only have two wheels, they are more difficult to control than cars in a very fast turn. That can lead to spinning out, hitting the ground or simply failing to make the turn and colliding with an object. That’s one reason why, according to the National Highway Traffic Safety Administration, a quarter of all fatal motorcycle accidents in 2007 involved hitting a fixed object -- a substantially higher rate than for any other vehicle.

The same study showed that motorcyclists have a higher rate of other risky behaviors than other motorists. Of all drivers involved in fatal crashes in 2007, motorcyclists had the highest rate of speeding, alcohol impairment and failure to use safety restraints. (Presumably, “safety restraints” for motorcyclists means helmets, which may be unfair because Florida and many other states do not require helmets.) In the same year, motorcyclists also had the highest rate of previous DUIs, previous speeding convictions and recorded driver’s license suspensions or revocations, of all motorists involved in fatal crashes. While I believe drivers exaggerate motorcyclists’ risky behavior, I also believe motorcyclists have a responsibility to change drivers’ minds by riding safely. As a Plantation motorcycle accident attorney, I would be happy to see far fewer clients come to me with brain damage or other devastating disabilities that could have been prevented with a little more care.

Continue reading "Speeding Blamed for Fatal Single Vehicle Motorcycle Crash in Jupiter" »

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The Florida Department of Highway Safety and Motor Vehicles announced good news July 6: Fatal traffic accidents decreased by 6.21% in 2008. That statistic comes from the department’s annual report on traffic crashes (PDF), gathered from information from Florida’s own traffic crash database. According to the report, fatal crashes involving cars, pickups, SUVs and large trucks are down -- but pedestrian, bicycle and motorcycle crashes went up in 2008. According to the Daytona Beach News-Journal, officials at the DHSMV attribute the change in part to the bad economy, which meant fewer tourists, less driving by Floridians and slower speeds when people do drive.

High gas prices might explain the rise in accidents involving pedestrians, bicyclists and motorcycles. Fatal accidents dropped in all of those areas, but injury accidents rose -- most dramatically for motorcycle passengers, whose injury rate rose by 14.80%. Pedestrian injury accidents rose by 4.64%, bicyclists injured rose by 1.79% and motorcyclists injured rose by 4.07%. On the plus side, fatalities in Florida overall are down by 7.39%, alcohol-related fatalities are down by 6.03%, and drug-related fatalities are down by a staggering, and welcome, 32 7%. The department keeps separate statistics for teenagers, whose fatality rate dropped by 16.8% and whose overall crashes dropped by 11.1%. Perhaps most interesting to a Fort Lauderdale car accident attorney, the study lists “careless driving” as the most common contributor to all crashes, followed by alcohol, failure to yield the right-of-way, speeding and crossing a center divide.

I am happy to say that here in Broward County, many of our accident statistics maintain that downward trend, though pedestrian and bicycle accidents continued to be an exception. However, one statistic particularly important to me as a Miramar motorcycle accident lawyer -- motorcycle fatalities -- has only now evened out. Over the five years between 2004 and 2008, our county saw a steady rise in fatal motorcycle crashes, reaching its peak in 2007 with 52 deaths. That number dropped to 37 this year, a trend I hope will continue. Overall, crashes, injuries and fatalities in Broward County are down, including alcohol-related injuries and deaths.

As a Pompano Beach car crash lawyer, I’m glad to see that fewer Floridians are getting involved in crashes, even if that means fewer people need my services. Serious auto accidents are catastrophic, life-changing events for many of our clients here at Cohn, Smith & Cohn. Accidents leave victims with internal damage, head injuries, broken bones and other injuries that require months and many thousands of dollars to fully treat. During that time, victims often cannot work, making it difficult to pay for all of this health care. In some cases, the situation is complicated by an insurance company’s refusal to provide the coverage victims have already bought and paid for, requiring a time-consuming and sometimes expensive legal battle to secure benefits.

Continue reading "Report Says Florida Traffic Accident Deaths, Including Motorcycle Crashes, Decrease in 2008" »

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The Florida Highway Patrol is investigating the death of a 23-year-old man in a two-vehicle motorcycle accident in Seminole, the St. Petersburg Times reported June 5. Ryan Craig Palmisano was killed late on June 4, when his motorcycle hit an SUV turning left from the oncoming lane. Driver Jason David Wells was uninjured, but Palmisano was pronounced dead at the hospital. Coincidentally, his ambulance was involved in a minor accident on the way to the hospital, with a driver who was cited for failing to yield to an emergency vehicle.

An eyewitness said Palmisano, who was wearing a helmet, took off “like a rocket” after the light at Starkey Road and Bryan Dairy Road turned green. He rode south on Starkey toward 109th Ave. N, where Wells was making a left across Starkey to get on 109th. The front of Palmisano’s 2007 Honda motorcycle hit the side of the Lincoln Navigator Wells was driving. An eyewitness said the light at Bryan Dairy Road was red when Wells began his turn, but that Palmisano could have swerved into the inside lane if he had had the time to react.

Speeding doesn’t get as much attention as traffic crimes like DUI, but that doesn’t mean it’s free of risks. Even if I am the safest driver in the world -- a task that becomes more difficult at high speeds -- I must rely on other people to also drive safely. As a Hollywood motorcycle accident lawyer and a motorcyclist, I know from experience that that’s not a safe bet. Too many drivers out there aren’t looking for motorcycles at normal speeds, never mind those traveling at high speeds.

That isn’t to say that Palmisano is necessarily at fault here. It’s entirely possible that the FHP will conclude that both motorists were somewhat at fault. In my practice as a Hialeah motorcycle crash attorney, I’ve handled many cases where both motorists were somewhat at fault. Florida law allows motorcyclists and other motorists to sue when they are partly responsible for their own accidents -- even as much as 99% responsible. However, the money they could win will be reduced by the proportion of fault they bear, which means a rider who is 99% at fault can only collect 1% of the money he or she wins -- making those cases not worth anyone’s time.

If you or a loved one has been seriously hurt in a motorcycle crash, my firm, Cohn, Smith & Cohn, would like to help. With years of experience riding a motorcycle on Florida roads and more than two decades of legal experience, I understand Florida motorcycle cases. Our Boca Raton motorcycle accident attorneys can protect you from dirty tricks by insurance companies, make sure your injuries are properly valued and treated and win you a fair and complete settlement that covers all of your accident-related costs. That includes the cost of time off work as well as compensation for pain and suffering, injuries and any disability or wrongful death. To learn more about your rights and your legal options at a free, confidential consultation, please contact us online or call our main office in Pembroke Pines at (954) 431-8100.

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A police officer in Cape Coral is hospitalized in intensive care after his motorcycle was hit by an SUV, the Fort Myers News-Press reported June 3. Officer Damien Garcia was on motorcycle patrol for the police department when an SUV made a left turn in front of him, causing him to hit the back of the vehicle at about 40 miles per hour. He was taken to the hospital with life-threatening head injuries. No charges have yet been filed, according to the Florida Highway Patrol.

The article said Garcia was heading south in the left lane of Cultural Park Blvd. on the afternoon of June 2, with a car in the right lane. That car slowed to make a right turn, possibly obscuring Garcia from the view of driver Josephine Pierce, who pulled out to make a left onto Cultural Park. Garcia’s motorcycle hit the back of Pierce’s SUV, causing a slideout that broke his leg and left him with severe head injuries. Pierce did not comment for the article.

As a Fort Lauderdale motorcycle accident lawyer and a motorcyclist myself, I wish Garcia and his family the best of luck. If anything positive can come of such a terrible accident, however, I hope it’s more awareness on the road from both drivers and motorcyclists. According to multiple studies, one of the most common reasons drivers give after a crash with a motorcycle is that they simply didn’t see the bike. Despite the rise in motorcycles’ popularity, many drivers still don’t expect to share the road with motorcycles, and it’s easy to miss things you’re not looking for. Florida drivers should always consider motorcycles before making their turns -- and motorcyclists are safest when they assume drivers can’t see them and ride accordingly.

If you or someone you love was involved in a serious motorcycle accident, you should call us at Cohn, Smith & Cohn right away. I believe I offer an added advantage as a Pompano Beach motorcycle accident attorney representing motorcycle accident victims: I understand what motorcyclists are up against on Florida roads, because my wife and I both ride. I will aggressively protect motorcyclists from the shenanigans insurance companies get up to after an accident, including trying to blame riders for their own injuries because they were riding legally without a helmet. If necessary, I am more than happy to file a Plantation motorcycle accident lawsuit to get my clients the money they need for medical bills, repairs, lost income and compensation for their injuries, pain and emotional anguish.

To set up a free, confidential consultation with Cohn, Smith & Cohn, please contact us online or call (954) 431-8100 today.

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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.

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A recent article in Highlands Today highlights one of the least understood aspects of a serious motorcycle accident -- the financial costs. The May 11 article focuses on 28-year-old Jason Pearson, who was gravely injured in January after a driver made a U-turn into his motorcycle. The accident broke bones in nearly every part of his body, tore all of the ligaments and tendons in one knee and left a steel plate in one arm. Doctors had to amputate part of his left foot and remove his spleen. Perhaps most heartbreakingly of all, the accident damaged his brain, leaving him with speech problems and sometimes trouble recognizing his family.

Right after the accident, hospital administrators told the Pearson family to consider making funeral arrangements. Luckily, they were wrong -- but healing is coming at a very high financial cost. The newspaper said Pearson has had 18 surgeries since he arrived at the Tampa General Hospital trauma center, at a cost of $3 million and rising. His therapy is showing signs of success -- he recently began to eat solid food again -- but it costs another $1,850 a day. To pay some of those costs, family and friends are holding a benefit breakfast and bike run May 16.

As a motorcyclist and a Pembroke Pines motorcycle accident attorney, I am all too familiar with staggering medical bills like these. Medical care for serious motorcycle accidents like Pearson’s can easily reach into the seven figures, especially if the victim sustained brain damage or severe burns. These costs can quickly exceed the lifetime cap on the victim’s health insurance -- if there is any -- and no ordinary family can pay these costs out of their own pockets. When another driver is at fault, his or her insurance company should pay at least some of those costs -- but when claims are this expensive, insurance companies are willing to fight, even going so far as to blame the victim to keep from paying what they owe.

Sometimes, a Broward County motorcycle crash lawsuit is the only way to force insurance companies to do the right thing. In a lawsuit, motorcycle accident victims can win money not only for their current and future medical bills, but also for other costs of the accident, including repairs to the bike and lost income if the victim cannot work. Just as importantly, it allows victims and their families to claim compensation for their injuries, physical pain and emotional suffering and any disability or wrongful death they suffered.

If you or a loved one has suffered a catastrophic motorcycle accident, my firm, Cohn, Smith & Cohn, can help. My wife and I both ride, so I understand the prejudice and wrong ideas that motorcyclists face -- and as a Hollywood motorcycle accident attorney with more than 25 years of experience, I know how to fight it. Our firm offers free, confidential consultations, so you risk nothing by speaking to us about your rights and your case. To set one up, please contact us online as soon as possible or call us at (954) 431-8100.

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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.

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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.

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A Mulberry man has died after his motorcycle was rear-ended by a car, the Ledger of Lakeland reported April 16. Charles Sheridan of Mulberry had stopped his motorcycle when he was rear-ended by a Toyota Camry. The collision threw Sheridan, who was wearing a helmet, from his bike. He was taken to St. Joseph’s Hospital in Tampa, but died there April 14. The Camry’s two occupants were not injured.

As a motorcyclist and a Hialeah motorcycle accident lawyer, I can’t help thinking that this accident could have been much less severe if both parties had been in cars. The article does not say how fast the Camry was going, but if it was slowing for a stop, chances are good that it was under 30 miles per hour. Rear-end accidents at that speed aren’t necessarily free of injuries, but when they involve two cars or trucks of a similar size, victims are not likely to be fatally injured. According to a 2007 report from the federal Department of Transportation, only 5.5% of fatal car accidents that year were rear-end accidents; that’s about a quarter of all rear-end accidents.

By contrast, about half of all rear-end crashes involving motorcycles were fatal that year. The DoT does not explain why, but as an experienced Davie motorcycle crash attorney, I can guess. Whether or not they choose to wear helmets, motorcyclists don’t have the advantage of seatbelts or a steel-reinforced structure around them. That means almost every motorcycle accident throws its victim from the bike -- and being thrown from the vehicle means the victim will hit something very hard. This can lead to extremely serious injuries, including brain injuries, damage to the spinal cord and multiple fractures. In many cases, the results are devastating and permanent.

Because their injuries are so often serious, motorcycle crash victims frequently have substantial financial problems as well. A serious injury can cause six figures or more in medical bills -- and in many cases, the victim can no longer work to pay those bills. If auto insurers blame the victim or try other tricks to avoid paying what they owe, victims may be forced to file Miramar motorcycle accident lawsuits. In a lawsuit, injured motorcyclists and grieving families can win money to replace lost wages, pay medical bills and provide for the future of someone who was permanently disabled by another person’s negligence.

If this sounds like your situation, or the situation of someone in your family, my firm, Cohn, Smith & Cohn, can help. Our Pompano Beach motorcycle wreck lawyers represent motorcyclists throughout South Florida who were seriously hurt by another motorist’s carelessness. We offer free initial consultations, so there’s no risk in speaking to us about your situation and your future needs. To learn more or schedule a consultation, please contact us online or call us at (954) 431-8100 today.

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A passenger on the back of a motorcycle suffered a serious injury after being hit by a ladder that fell off a pickup truck, the Gainesville Sun reported March 11 The article says Margaret Moore of West Virginia was on the back of a motorbike operated by Gerald Moore and traveling west. As a pickup truck traveling east approached them, a ladder strapped to the top slid off, hitting Margaret Moore in the head. Gerald Moore, who was sitting lower on the bike, was not hurt. She was hospitalized in critical condition; charges were pending against the driver of the pickup.

Trucking accident attorneys in South Florida and around the U.S. frequently talk about the dangers of improperly secured loads on large trucks -- but those dangers are just as real when the load is on a passenger car or truck. Florida law requires people hauling a heavy load to properly secure that load, making violations a traffic infraction or a misdemeanor, depending on whether anyone was seriously hurt or killed as a result. And regardless of whether a criminal case is filed or a ticket is written, hurting someone with a badly secured load makes drivers legally liable for any Florida traffic accident lawsuit victims choose to file.

This senseless Florida motorcycle accident is a good example of how drivers’ carelessness can affect motorcyclists even in a one-vehicle accident. With only their gear to protect them, motorcyclists are a lot more vulnerable in an accident than people in cars. That’s one reason why riders are 35 times more likely to die in an accident than drivers. All motorists have a responsibility to share the road -- but all too often, drivers behave as if motorcycles don’t exist. As experienced riders and drivers know, it’s possible to not see something you’re not looking for, even if it’s right in front of you.

Cohn, Smith & Cohn is proud to represent motorcycle accident victims in South Florida motorcycle accident claims. Our firm has nearly 25 years of experience and a strong record of success -- but perhaps more importantly, lead partner Alan Cohn rides himself. We understand the special issues faced by seriously hurt Florida motorcycle accident victims, including problems with insurance, valuing your claim properly and good old-fashioned prejudice against people who ride. If you or someone you love has been hurt in a motorcycle crash and you’d like to speak with us about your case, please contact our firm online for a free, confidential consultation.

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A motorcyclist escaped a serious accident in the Tampa area without injuries, MSNBC reported March 10 through Tampa Bay Online. According to the article, the man was riding north on Interstate 75 when traffic ahead of him slowed. To avoid a rear-end collision -- which can throw motorcyclists from their bikes -- he laid down his 1998 Harley Davidson on its side in the grassy median of the highway. The man wasn’t injured, but the motorcycle caught fire, doing an estimated $10,000 in damage. No charges were filed and alcohol was not involved, the report said.

Needless to say, this man is lucky -- and may have also benefited from quick thinking if he intentionally chose to lay the bike down in the median. But as a South Florida product defects attorney, I wonder about the cause of the fire. By now, a 1998 model is 11 years old -- but even an 11-year-old motorcycle shouldn’t catch fire easily. If it turns out that the fire was caused by a manufacturing flaw in the motorcycle or one of its parts, the maker of the defective product could be legally liable for the accident -- including the thousands of dollars in property damage.

Thanks to the configuration of the accident, I also wonder if this rider might have problems making a motorcycle insurance claim. Motorcycles are involved in a lot of one-vehicle accidents, in part because a two-wheeled vehicle is inherently less stable than a four-wheeled one. In some cases, those accidents are influenced by vehicles or events on the road that weren’t involved in the actual crash, or the accident report. When another party forced a rider off the road or required him to stop suddenly, it can be very hard to prove it to an insurance claims adjuster who wasn’t there -- especially if that person thinks riders are generally irresponsible. Motorcyclists may have to hire a Fort Lauderdale motorcycle accident lawyer just to make sure their claims are given a fair chance.

I ride a Harley myself, so I understand how this man might have felt to watch his motorcycle literally go up in flames. As a Pembroke Pines motorcycle crash attorney, I always help my clients make sure they’re fairly compensated for the full value of property damage to their bikes after an accident like this one, including custom aftermarket modifications. If you or someone you love has been hurt in a serious motorcycle accident in South Florida, my firm, Cohn, Smith & Cohn, can help you recover the full value of all of your injuries -- physical, financial and emotional. To set up a free consultation on your case, please contact us online today.

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A motorcyclist died after a large commercial truck turned left into her path, the Bradenton Herald reported. The victim was eastbound when she approached an intersection at which a westbound truck was waiting to turn left. The truck’s driver made the left in front of the victim, causing a collision that threw her from her motorcycle and killed her instantly. A spokesman for the Florida Highway Patrol said he expected the truck’s driver to be cited for failing to yield the right-of-way and making an illegal left turn.

Under the circumstances, those citations are the least that I, as a South Florida motorcycle accident attorney, would expect. The article does not provide many details, but the citations suggest that the truck driver either didn’t look for oncoming traffic or thought he could beat it across the street. Just like all motorists, this truck driver has a legal duty to take reasonable care while driving -- and that includes checking for oncoming traffic before making turns. If a driver fails in this duty and someone is killed, law enforcement has the option of charging the at-fault person with vehicular homicide, a second-degree felony in Florida (first-degree if it was a hit-and-run). The victim’s family also has the right to pursue a Broward County motorcycle accident claim, regardless of whether there’s a criminal case as well.

As I have written on this blog in the past, this is unfortunately one of the most common configurations for serious motorcycle accidents. Research from the University of Southern California shows that roughly three-fourths of all motorcycle accidents are two-vehicle accidents, and two-thirds of those were caused by another motorist who violated the motorcyclist’s right of way. That is, one half of all motorcycle accidents is caused by other people on the road -- usually a driver of a car, pickup or SUV. The study went even further, saying that other motorists’ failure to detect motorcyclists in traffic is the “predominating cause” of motorcycle accidents.

Smart motorcyclists do what they can to reduce this risk, by dressing to be noticed and avoiding unnecessary risks. But nobody can anticipate inattention or bad choices by the drivers around them. If you or someone you love has been in a serious motorcycle accident and you believe it’s the other driver’s fault, my firm, Cohn, Smith & Cohn, would like to help. A Miami-Dade motorcycle accident lawsuit can help victims and their families pay medical bills from the accident; support themselves while a wage-earner is out of work; and compensate them for their losses, pain and suffering. To set up a free consultation to discuss your case, please contact our firm online or call our main Hollywood office at (954) 431-8100.

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Motorbike manufacturer Suzuki has announced a safety recall of its GSX-R1000 sport bikes, Clutch and Chrome reported Feb. 3. The campaign affects 26,082 bikes with 2005 and 2006 model years, whose frames are susceptible to breaking or cracking in stressed areas, such as the wheel-fork assembly or behind the steering neck. Owners of the affected motorcycles can take their bikes in to a Suzuki dealership for inspection, where dealers will replace cracked frames and install reinforcements on uncracked frames for free. For more information, owners of the GSX-R1000 can view the federal notice or contact Suzuki in the United States at (714) 572-1490.

Officially, Suzuki’s action is a “safety improvement campaign” because it was not ordered under federal product safety laws, though it has all of the features of a recall. The manufacturer noticed the problem after reports began surfacing of GSX-R1000s suffering cracks and breakage during “extreme situations” -- when the bike is being ridden fast and used to do stunts like jumps or wheelies, as well as in cases of motorcycle accidents. This behavior is very common with sport bikes like this model, which are at the center of a subculture of stunt racers, but Suzuki apparently did not design its motorcycle with the use in mind. As a result, hard riding has caused several frame breaks that killed or severely injured the riders.

As a motorcyclist myself and a Broward County motorcycle accident lawyer, I urge GSX-R1000 owners to get their motorcycles’ frames reinforced. Riding a motorcycle in Florida is already dangerous, statistically speaking; nobody needs to add a risk of serious accidents from a defect in the motorcycle. Even the best rider in the world can’t prevent an accident if the equipment itself is the problem. And while the use of the bikes as stunt bikes may not have been anticipated by Suzuki, you would have to be unfamiliar with the motorcycle industry to describe it as unforeseeable.

People who are seriously hurt by misusing a defective product in Florida can still hold manufacturers responsible for those defects, as long as the misuse was foreseeable. Florida law holds manufacturers of defective products strictly legally liable (legally responsible) for injuries they cause, regardless of whether the manufacturer intended to include the flaw. In this case, that means people who were severely injured or lost a loved one to a defective Suzuki motorcycle frame still have a case, even if the situation isn’t appropriate for a conventional South Florida motorcycle accident claim.

Cohn, Smith & Cohn has an active Miami motorcycle accident litigation practice serving riders throughout South Florida. We aggressively defend the rights of people who have been seriously hurt in a bike crash, even when the at-fault people and insurance companies use anti-motorcycle prejudice to avoid their own legal responsibilities. If you or someone you love is in this situation and you’d like to learn more, please contact our firm online or call us at our main Hollywood office at (954) 431-8100.

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Reality television personality and motorcycle builder Billy Lane will plead to criminal charges stemming from a fatal Florida motorcycle accident, Florida Today reported Feb. 10. Lane, star of the Discovery Channel’s “Biker Build-Off” and owner of Choppers Inc. in Melbourne, is accused of DUI manslaughter in the incident, but may plead guilty to vehicular manslaughter at in a plea bargain at his April 7 hearing. Either charge carries up to 15 years in prison. Police say Lane had a blood-alcohol concentration of more than twice the legal limit when he crossed into oncoming traffic and killed motorcyclist Gerald Morelock, 56, on Labor Day 2006.

A lot of attention in this case focuses on Lane’s celebrity, as well as the irony that a famous motorcyclist hit another rider. As a Florida motorcycle accident attorney and a motorcyclist interested in safety, I spend a lot of time defending motorcyclists who are hit by careless drivers, drunk or sober. That maybe even more true for a driver who is a rider himself. Motorcyclists may bear the brunt of drivers’ bad decisions more than they should, but we also have a responsibility to make good decisions ourselves. That includes choosing not to ride or drive while intoxicated, which is always dangerous.

My wife and I both ride, so I have a special interest in aggressively representing victims of serious motorcycle accidents. Motorcycle crashes cause very serious injuries, including wrongful deaths, broken bones, brain injuries and others that may lead to permanent, lifelong disability. In many cases, anti-motorcycle prejudice also means that motorcyclists have to fight insurance companies just to collect the compensation they’re entitled to. If you’re in this position after a Florida motorcycle wreck, you don’t have to put up with it. Our firm, Cohn, Smith & Cohn, can help. To learn more about your options at a free consultation, please contact us as soon as possible.

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A motorcyclist was hospitalized in critical condition after a hit-and-run accident with a car, the Ledger of Lakeland reported Feb. 9. The paper says the rider was struck while making a left turn from Avenue G Northwest onto Recker Highway, sending him skidding off the road. The other vehicle, described only as a blue car, left the scene. The motorcyclist was airlifted to Tampa General Hospital, where he is listed in critical condition. Witnesses are encouraged to call the Polk County Sheriff’s Office at 1-800-226-8477, where they are free to leave anonymous tips.

The article doesn’t provide enough information to decide who is at fault, of course. But as an experienced Hollywood, Florida motorcycle accident lawyer, I happen to know that this is one of the most common configurations for an accident between a motorcycle and a car. The Hurt Report, the definitive study on motorcycle accidents, notes that intersections are by far the most likely place for a motorcycle crash, with other vehicles violating the motorcycle’s right-of-way in half of all crashes and sometimes also violating traffic signals.

Statistics also show that drivers tend to flee the scenes of accidents they cause when they have something else to hide -- intoxication, driving without a valid license or other forms of illegal behavior. Ironically, this might actually make matters worse for the drivers who get caught. Leaving the scene of an accident is a crime in itself, separate from any criminal charges stemming from the accident or from underlying legal problems. The penalty for vehicular homicide doubles, from 15 years in prison to 30 years, if the accused left the scene of the accident without stopping. That’s much more severe than the penalties for most of the violations that might cause someone to hit and run. For example, driving without a license carries a fine of up to $500 and potential, non-mandatory jail time of up to 60 days.

Unfortunately, law enforcement may not always be able to prosecute hit-and-run drivers, even if they catch them. But whether or not there’s a criminal case, families affected by a catastrophic motorcycle accident in Florida have the right to pursue a civil case as well -- a lawsuit against the person whose irresponsibility caused their injuries. In a Florida motorcycle crash lawsuit, they can win money to pay hospital bills and all future medical costs, as well as costs like lost income from missed days of work. Just as importantly, they can also win compensation for the loss of a loved one, a permanent disability or a serious and painful injury.

The Pembroke Pines law firm of Cohn, Smith & Cohn aggressively represents people who were hurt through no fault of their own in serious motorcycle accidents in South Florida. We offer free consultations to all potential clients. To speak with us about your rights and your options, you can call us today at (954) 431-8100 or contact us online.

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A Florida Highway Patrol officer has called for Manatee County motorists to be very careful after the county saw deaths in serious motorcycle accidents in about six weeks. The Bradenton Herald reported that the latest accident happened early on Jan. 11, when a van's driver pulled out of a driveway in front of an oncoming motorcycle. The ensuing crash threw the motorcyclist off his bike and killed him. The van's driver has been charged.

In two of the other fatal South Florida motorcycle accidents, motorcyclists were killed by passenger vehicles that turned in front of them. In at least one of those accidents, the driver of the car was allegedly impaired. The fourth fatality was a single-vehicle crash in which the motorcyclist lost control. Unfortunately, the article says this tracks larger motorcycle accident trends. According to the 2007 accident statistics from the Florida Department of Highway Safety and Motor Vehicles, deaths in Florida motorcycle accidents more than doubled between 2000 and 2007, and the number of Florida motorcycle crashes overall almost doubled, from 5,075 to 9,205.

In response, FHP Lt. Chris Miller suggested that both motorcyclists and drivers take a little more care on the road. Noting that most fatal crashes are caused by drivers pulling out or turning in front of an oncoming motorcycle -- an assertion backed by statistical evidence -- he said drivers should be sure to look for motorcycles, especially at driveways and intersections. He also told motorcyclists to avoid speeding, make eye contact with drivers, wear bright colors and be ready to take evasive action if they must.

With more motorcycles on the road than ever, that's good advice for everyone -- riders and drivers alike. My wife and I both ride, so this is personal to me. As a motorcycle accident attorney in Fort Lauderdale, I see the life-shattering results of motorcycle accidents every day: Unnecessary deaths or disabilities, six or seven figures in medical bills, lost jobs and sometimes an uphill battle with an insurance company. At Cohn, Smith & Cohn, we are proud to help our clients get back on their feet by dealing with insurance and winning the money they need to pay their bills, make up for lost income and get back on the road. If you or someone you love has been hurt in a motorcycle accident with a careless driver and you would like to talk about how we can help, please contact us online to set up a free consultation.

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As I have mentioned before on this blog, fatal motorcycle accidents are rising in Florida (and across the United States), even as fatal traffic accidents as a whole are decreasing. That issue got some mainstream national attention in early January when MSNBC picked up a story from the Sarasota Herald-Tribune. The article starts with the tragic story of Scott Stevens, a Sarasota man who was killed by a hit-and-run driver who swerved into his lane. Stevens was commuting by motorcycle to save money -- the cost of buying, fueling and insuring a bike is substantially lower than it would be for a car. The article suggests that many other drivers are turning to motorbikes for the same reason.

Unfortunately, the spike in the number of riders on Florida roads has led to a spike in the number of deaths in motorcycle wrecks. The article says motorcycle registrations are up by 60% in Sarasota and Manatee Counties since 2002, and new motorcycle purchases nationwide went up by 29% over the five years between 2001 and 2006. Meanwhile, deaths nationally have risen sharply: The pure number of U.S. motorcycle fatalities more than doubled between 1997 and 2006, and the rate per vehicle miles traveled almost doubled. In Florida, the article says, 1999 saw 155 motorcycle crash deaths, while 2007 saw 517.

Florida's new law making training mandatory for all new motorcyclists -- regardless of age -- is one solution. However, I believe that the sheer number of bikers on the road may be another solution, one that does not require any new laws at all. As a Florida motorcycle accident attorney, I have read a lot of research on crashes. This research frequently says that drivers run into motorcyclists because they're not looking for motorcycles -- and thus, they "don't see" bikes coming, even when the bikes are easily visible. Motorcyclists have been relatively rare on U.S. roads over the past 30 years, but if the increased interest in motorcycling holds, they may become common. And if they do, drivers (at least new drivers) may naturally learn to look for motorcycles on the roads.

Of course, this process would take a long time, and Florida motorcyclists need protection from careless drivers now. For the sake of both my own family (my wife and I both ride) and my clients, I hope they get it. As the MSNBC article said, motorcyclists don't have the protection of a steel cage, airbags or seatbelts in a crash, which makes them much more vulnerable in a crash. That means motorcycle accidents in Florida frequently lead to wrongful deaths, brain injuries, paralysis or other life-changing injuries. And unfortunately, studies show that the majority of multi-car motorcycle wrecks are caused by the other motorist -- usually a car, truck or SUV.

If you or someone you love was seriously hurt in a motorcycle accident caused by another person's negligence, you have the right to hold that person legally responsible. My firm, Cohn, Smith & Cohn, can help. To learn more about your legal rights and our experience as South Florida motorcycle accident lawyers, please contact us online for a free consultation.

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A police officer was airlifted to the hospital after a serious motorcycle accident Jan. 9, the South Florida Sun-Sentinel reported. The newspaper said that Officer Kevin Jones was on a motorcycle patrol in Deland, Florida, near Daytona, when a truck coming from the opposite direction turned in front of the motorbikes. Jones swerved to avoid the truck and crashed; he is now hospitalized in stable condition. The motorcycle officer who was with him was not seriously injured.

It's hard to draw conclusions about fault from such a bare-bones article, of course. But as an experienced motorcycle accident attorney in Fort Lauderdale, I noticed that the pattern of this accident fits right in with statistical information on typical motorcycle crash patterns. The definitive study on motorcycle crash patterns, the Hurt Report (PDF), said that the most frequent motorcycle accident configuration is another vehicle turning left in front of an oncoming motorcyclist -- the most likely scenario here.

That report also spelled out a fact that experienced motorcyclists already know: "The failure of motorists to detect and recognize motorcycles in traffic is the predominating cause of motorcycle accidents." Drivers don't usually take deliberate hostile action against bikers, the report says, but they fail to see motorcycles until it's too late to stop. Almost half of the time, the responsible party's view is actually blocked, the report said. It did not say what happens in the other accidents, but as a South Florida motorcyclist and a Pembroke Pines motorcycle accident attorney, I have some guesses. In multi-vehicle accidents, some drivers "don't see" bikes simply because they aren't expecting to see bikes.

In legal terms, failing to see what's right in front of you is known as negligence -- extreme carelessness. Of course, motorcycle accidents can also be caused by many other forms of negligence -- daydreaming, distractions and violations of traffic laws -- by either motorist. If you've been hurt by someone who was engaging in this sort of careless activity while driving, you are a victim of negligence and you have the right to pursue compensation with a Florida motorcycle accident lawsuit. To learn more about your rights and your options under Florida law at a free consultation, please contact our firm, Cohn, Smith & Cohn, today.

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Florida motorcyclists may not have noticed, but a new law affecting us took effect October 1. Under this new law, motorcyclists who commit certain traffic offenses face increased penalties -- a $1,000 fine on the first offense, a $2,500 fine and a one-year license revocation on the second offense, and a ten-year revocation, $5,000 fine and third-degree felony charges on the third offense. The offenses at issue include speeding in excess of 50 mph over the speed limit; intentionally lifting wheels off the ground (popping a wheelie); and riding with a license plate attached vertically or flipped up.

If singing out those behaviors seems strange to you, this article from the South Florida Sun-Sentinel might help. According to the article, the new law was conceived and passed as a response to the growing popularity of sport bikes -- colorful, mainly Japanese motorcycles that can reach 200 mph despite being street legal. The article offers several anecdotes about unsafe riding by people on sport bikes, as well as speculation by an FHP officer, but no hard evidence that they are worse motorists or need stricter regulations than other vehicles on the road.

I do not ride a sport bike, but as I’ve said on this blog before, I do ride. (My bikes are a Harley Road King Classic and a Big Dog Ridgeback chopper.) My first instinct, on reading this article, was to be offended at what seemed to be prejudice against bikers written into the law (and the article). Sport bikers aren’t always angels, of course, but there’s no proof offered that they’re any worse than other motorists.

But once I read the law itself, I felt better about it. Most of the behaviors it prohibits are behaviors that I agree are too dangerous for city streets. For example, the speeding provision doesn’t kick in until the rider is going more than 50 mph above the speed limit -- for example, 76 mph in a 25 mph zone. That kind of speeding is safest at a racetrack. Wheelies are too, because they require high speeds and leave the rider with less control. And while there’s nothing inherently unsafe about a flipped-up license plate, I believe keeping it visible is a reasonable sacrifice to make in exchange for the privilege of using public roads.

However, I still wish this law had been written to apply to everyone on the road -- not just motorcyclists. Anyone can speed and weave through traffic, and many people in cars and trucks do. Failing to recognize this seems to me like a form of anti-motorcycle prejudice, and that has no place in Florida law. My firm, Cohn, Smith & Cohn, specializes in representing bikers who’ve been in serious Florida motorcycle accidents caused by another motorist’s carelessness -- regardless of the type of bike. If you or someone you care about is in this position, you have the right to demand justice and financial compensation. To learn more at a free consultation, please contact us today.

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Three Broward County law enforcement officers were involved in crashes on the morning of Dec. 8, according to the South Florida Sun-Sentinel. In the first accident, the paper reported that a Broward sheriff’s deputy on a motorcycle collided with another vehicle; it didn’t say how the crash happened or give more information, except that his injuries were minor. In the second, two motorcycle police officers from Sunrise were hit by an SUV that emerged from a driveway, pushing one bike into the other. Both officers were treated and released at a clinic with no serious injuries, and the driver of the SUV was cited for failure to yield.

I am pleased that none of the officers involved were seriously hurt. Despite outdated stereotypes about the kind of person who rides, I’ve discovered that police officers are often friendly to civilian motorcyclists who are clearly responsible and law-abiding. Because many officers ride on duty and know the common patterns in motorcycle accidents, they understand what civilian bikers are up against, including carelessness by drivers of cars and trucks as well as poor visibility, bad weather and the special mechanical challenges of riding. As a motorcyclist myself and a Florida motorcycle accident lawyer, I appreciate that law enforcement is often willing to give me and my clients the benefit of the doubt.

As an accident attorney, I’d also like to comment on the mechanics of the second accident. I don’t have all of the details, of course, but a citation for failure to yield suggests that law enforcement believes the driver of the SUV should have been able to stop. Motorcycles’ smaller size means they are generally harder for motorists to see, and I know that it can be hard to see clearly around parked cars and other obstructions. However, not stopping at all, or merely drifting through a stop sign, is illegal for a reason: It’s not safe for you or anyone around you.

The driver in this accident is lucky not to have seriously hurt the officers, not least because of the criminal and civil liability he or she could have faced. Law enforcement is not shy about charging or citing the people who harm their own, and a criminal charge could be very damaging in any accompanying Florida motorcycle accident lawsuit. Victims of motorcycle accidents and their families may sue a driver who caused the crash for all of the harm it caused -- financial costs, physical and emotional trauma and any lasting physical disabilities or wrongful death. My firm, Cohn, Smith & Cohn, specializes in motorcycle accident cases. If you or someone you love is a victim in a Florida motorcycle crash and you’d like to learn more, please contact us for a free consultation.

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The National Highway Traffic Safety Administration recently put out an interesting study on motorcycle helmet use in the United States. The NHTSA's job is to track traffic accidents and promote safety for everyone on our roads -- drivers, riders, bicyclists and pedestrians. Rightly or wrongly, that includes studying and promoting the use of motorcycle helmets. In this study (PDF), it used statistics to predict a slight increase in helmet use across the United States in 2008.

Specifically, the study predicted that 63% of riders across the country would use helmets in 2008, up from 58% in 2007. That rate includes only the use of helmets marked as compliant with the standards of the U.S. Department of Transportation. Another 11% of riders used non-DoT compliant helmets, and the remaining 26% went unhelmeted. Not surprisingly, it found that helmet use was higher in states with a mandatory helmet law for all riders and passengers, although not universal -- only 74% of motorcyclists in those states used DoT-compliant helmets. In states without a universal helmet law, only 42% of riders used helmets.

Among the study's other findings:
• National helmet use hit a high in 2000 and dropped afterward (possibly after several states dropped their helmet laws), but is climbing slowly.
• At 71%, helmet use is most likely in the West and lowest in the Northeast, at just 45%. The South, which includes Florida, had a helmet-use rate of 61%.
• People living in suburbs were less likely (59%) to use helmets than people in urban areas (72%) or rural areas (64%).
• People who ride in rush-hour traffic and on weekdays are more likely (71%) to wear helmets than folks who ride on the weekends (54%).
• Riders are more likely to use helmets when the weather is wet (84%), when they're on an expressway (75%), in moderately dense traffic (86%) and at fast speeds (72%).
• Motorcycle operators are more likely to use a helmet than their passengers, but one using a helmet makes it more likely that the other will too.

Motorcycle helmet use is a touchy subject in Florida. Since riding without a helmet was legalized again in 2000, riders and drivers alike have debated whether helmets are safe, effective or an unreasonable limitation on riders' freedom. I believe this is a decision that we all have to make for ourselves -- and as a Florida motorcycle crash attorney, I certainly feel that riders should not be penalized after an accident for exercising their right to ride helmet-free. Unfortunately, insurance companies often do use a rider's lack of helmet as an excuse to deny or substantially reduce a payment on a perfectly legitimate claim. If this has happened to you, you don't have to put up with it. Contact my firm, Cohn, Smith & Cohn, to talk to me about your rights and your options at a free consultation.

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Newly released federal statistics have bad news for motorcyclists. According to the National Highway Traffic Safety Administration, the federal agency that studies traffic accidents, American motorcyclists continued their unfortunate trend toward more fatal accidents in 2007. The study (PDF) on fatal motorcycle accidents was part of a larger study the NHTSA does each year on the number of fatal traffic accidents overall. (Statistics for 2007 are issued in late 2008.)

The numbers for 2007 show that 5,154 motorcyclists (including passengers) were killed last year, a 7% jump over the 4,837 fatalities in 2006. Unfortunately, this continues a steady trend over the last 11 years toward more fatal motorcycle crashes. The number of motorcycles registered in the U.S. and the number of motorcycle miles traveled have both mostly also risen steadily throughout the last decade, which partially explains the trend toward more fatalities. However, the rates of fatalities per 100,000 registered motorcycles and per 100 million vehicle miles traveled have also risen steadily since 1997, until they saw a welcome drop in 2006. While the NHTSA has not been able to calculate rates for 2007, I hope they continue that downward trend.

The NHTSA goes into detail about the types of accidents that motorcycles are involved in -- something that interests me greatly as a motorcyclist myself and as a Florida motorcycle accident lawyer. According to their numbers, half of all fatal motorcycle crashes in 2007 involved other moving vehicles (cars, trucks, vans and SUVs); another 25% were collisions with fixed objects like a tree, parked car or the road itself. Of the fatal two-vehicle crashes, 40% involved another vehicle turning left while a motorcycle went straight, passed or overtook it. While it's difficult to extrapolate a specific accident from statistics, this statistic offers important guidance for motorcyclists: Be extra careful when a car is waiting to make a left turn. Far too many bikers have died because drivers don't see motorcycles they're not looking for.

The statistics also point toward a need for riders to be more responsible. According to the NHTSA's study, a quarter of the motorcyclists killed in accidents in 2007 did not have valid licenses. Another 27% were legally drunk (with a BAC of .08% or higher), and that percentage rose to 41% when the agency looked only at single-vehicle motorcycle crashes, which are frequently a result of bad judgment with turning and speed. And 36% of riders killed in crashes were speeding. All of these rates are higher than the rates for passenger cars; the motorcycle licensing violations rate is actually double the rate for cars. While I have no desire to let careless drivers off the hook, I can only imagine how many lives we could save with better safety education and more careful behavior in our own community.

My wife and I both ride, so motorcycle safety is personal to me. And as a Florida motorcycle accident attorney, I have seen the damage that a car can do to a rider firsthand. If you or someone you love was hurt in a motorcycle crash caused by someone else's careless or aggressive driving, I would like to help. Please contact my firm, Cohn, Smith & Cohn, for a free consultation on your case.

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I am sorry to say that a Tamarac man died and his passenger was hospitalized in serious condition after a motorcycle accident on I-95. The South Florida Sun-Sentinel reported that their motorcycle veered into a guardrail on the evening of Nov. 9, throwing both the rider and the passenger over the handlebars. This comes on the heels of the motorcycle crash death of another biker, businessman Jack Hardy of Davie.

I am connecting these tragedies because they share a feature of more and more motorcycle accidents over the past decade: The victims were well over 30 years old. The rider and passenger in the I-95 crash were both 67; Hardy was 70. In fact, the face of motorcycling across the United States is getting older. According to 2007 statistics from the federal Department of Transportation, riders under 30 had the most fatalities in motorcycle accidents in 1997. Ten years later, it was riders 40 or older. About a quarter of the motorcyclists killed in 2006 were over 50.

In a way, this trend makes sense: Motorcycles can be expensive, and older folks are more likely to have the money for a shiny new Harley. Once their kids are grown, they'll also have the time and the freedom not to worry about traveling with children who need car seats, snacks and entertainment. And it's easy to see the attraction -- people in their fifties and sixties could be considered the "Easy Rider generation," for whom motorbikes symbolize freedom and perhaps rebellion. So it could just be that as older riders become more common, the proportion of accidents involving them rises as well.

However, older people who take up biking are still beginners -- and they need to be just as cautious as 18-year-old beginners. Decades of driving cars might have given some older riders false confidence about their abilities on a bike. (Florida's mandatory education law for new riders could help.) The trend might also be related to the fact that older people just don't heal as well as people in their teens and twenties. That is, riders over 40 might not get into more crashes than others -- perhaps they just don't bounce back as well when they do crash.

But whatever the reason, this is one trend I can live without, as a rider myself and as a Florida motorcycle accident attorney. Motorcycle accidents tend to be very bad accidents, causing wrongful deaths, brain injuries, broken bones, spinal damage and other life-changing injuries. If you or someone you love was hurt in a motorcycle accident you believe is someone else's fault, you have the right to hold that person legally responsible. Contact my firm, Cohn, Smith & Cohn, today for a free evaluation of your case.

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A bereaved husband insists that "road rage" was responsible for his wife's fatal motorcycle crash in Volusia County Oct. 18. Susana Marques of Caracas, Venezuela was visiting our country as part of the Latin American Motorcycle Association. According to the Daytona Beach News-Journal, they were on their way to a Biketoberfest event in Deltona, riding in a group of about 50, when a woman in an SUV entered the bikers' lane, forcing Carlos Marques to hit the brakes. He and his wife were thrown from their bike. Susana Marques died at a hospital later; Carlos Marques was injured.

The road rage allegations pit the club against the Florida Highway Patrol. The bikers say the woman in the SUV repeatedly cut into their lane, intentionally forcing them to brake; the FHP claims the cause of the accident was the lack of time Carlos Marques had to brake. In my opinion, as a long-time motorcyclist and an experienced Florida motorcycle accident lawyer, the FHP's statement is a bit like being told a death was caused by the victim ceasing to breathe. He clearly didn't brake in time -- the question is why. The motorcycle club rides with video cameras that may hold the answer to that question, fortunately.

The FHP also pointed out that the bikers were riding in the left lane in violation of Florida law. While this might be an explanation for the road rage the club alleges, it is in no way an excuse -- particularly since that law is not consistent across the United States and routinely ignored even by Floridians. Intentionally cutting someone off is a dangerous and irresponsible way to drive. When it causes a death or a serious injury, it might also be a crime. My heart goes out to the Marques family and the entire club.

Bikers are generally sensitive about aggressive behavior by drivers of cars, trucks and SUVs, and there are good reasons for it. One is that a motorcyclist will almost always sustain the more serious damage in an accident with a car, simply because of the weights of the vehicles and the biker's lack of a steel cage. The other is that some drivers really do have a personal problem with motorcycles, because of outmoded stereotypes or misconceptions about how the law applies to bikes. But neither is an acceptable reason to use your car as a weapon. If you're a biker who's been seriously hurt in an accident with an irresponsible cage, you may be able to win compensation for your injuries and costs. Contact us at Cohn, Smith & Cohn to discuss your accident and your legal rights.

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It’s hard to find a car in the United States without antilock brakes -- but even many bikers don’t realize that most motorcycles don’t have them. According to a new study by the Insurance Institute for Highway Safety, a nonprofit crash safety research organization, they should. According to new research the IIHS published Oct. 22, antilock brakes reduce both a rider’s chance of fatal crashes and the chances of filing an insurance claim for a crash. (An eight-page PDF of the report is here.)

Antilock brakes keep brakes from locking up when you apply them suddenly, preventing the motorcycle from “fishtailing” and throwing its unlucky rider into the road. They’re on just a handful of bikes, generally the larger “touring” models, in part because they add about $1,000 to the price of the bike. (My own Harley Road King Classic doesn’t have antilock brakes, although it’s an option on newer models.) As the Chicago Tribune reported, the IIHS researchers found that bikes with antilock brakes had 4.1 fatal accidents per 10,000 registered bikes in one year -- 38% lower than the 6.6 per 10,000 rate for bikes without antilock brakes. Insurance losses were also 21% lower for bikes with antilock brakes.

This is important right now because the rate of motorcycle crashes is going up -- way up. Nationally, fatal motorcycle accidents have more than doubled between 1998 and 2007, partly because the number of bikers on the road and the miles they travel have also spiked. Here in Florida, the rate of fatal motorcycle accidents has also risen, though I hope that a new law requiring new motorcyclists to get training will help. As gas prices rise and commuters become more interested in alternative transportation, all issues of motorcycle safety.

As a motorcycle rider and a Florida motorcycle accident lawyer, I’m a fan of anything that could prevent serious motorcycle crashes, which all too often result in death, brain damage and other life-changing injuries. If you’ve been involved in this type of crash and you’d like to learn more about your rights, you should contact my firm, Cohn, Smith & Cohn, for a free evaluation of your case.

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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.

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The Florida Department of Highway Safety and Motor Vehicles had some good news for us recently when it issued its 2007 Florida Crash Statistics Report on Sept. 19. Like the federal Department of Transportation report that I wrote about in August, the report collects car, truck, motorcycle, bicycle and pedestrian accident data for the entire calendar year.

And like that report, it showed that traffic crashes were down overall in Florida in 2007. Our state saw 3,221 traffic fatalities in 2007, a 4.28% decrease from 2006. In fact, when measured per 100 million vehicle miles traveled, Florida saw the fewest traffic deaths in recorded state history in 2007. That's the good news. The bad news is that Florida has work to do in other areas, particularly in alcohol-related crashes and in motorcycle accidents. Alcohol-related fatalities jumped a surprising 13.1%, from 1,099 in 2006 to 1,244 in 2007, although alcohol-related injuries and crashes each fell slightly. And while motorcycle fatalities did drop by 0.77%, overall crashes jumped by 2.39% and motorcycle injuries increased by 3.18%. The full version of the report can be found in PDF format here, on the department's Web site.

These two areas concern me greatly. I am a motorcyclist myself, as is my wife, and we have watched with concern as the national rate of motorcycle accidents has climbed over the past decade. And as a Florida automobile accident lawyer, I am particularly concerned about alcohol-related crashes because I frequently see the results firsthand, and they are painful. Drunk driving causes wrongful deaths, serious burns, head injuries and other devastating injuries -- and it is easy to prevent. Similarly, statistics show that many Florida motorcycle accidents are caused by drivers simply failing to see motorcyclists.

Both problems could easily be prevented with a little more care, saving thousands of lives each year. But if you or someone you love has already become a victim of a serious Florida traffic accident, you have the right to collect financial compensation for your injuries and your bills. Contact my firm, Cohn, Smith & Cohn, to learn more about how we can help you protect your rights and hold careless drivers responsible for their actions.

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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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As I’ve mentioned on this blog before, the rate of fatal motorcycle accidents in the United States is climbing up -- way up, more than doubling since 1997. That’s true for Florida as well. In response, the Florida Highway Patrol has launched a “Ride Proud, Dress Loud” campaign encouraging motorcyclists to wear bright colors to help drivers see them.

The campaign is trying to get bikers’ attention with signs promoting bright clothes like neon-green chaps. As I or any other experienced motorcyclist could have told them, bikers are laughing their heads off at the idea that they’d wear neon-green anything. But despite that, it isn’t a bad idea to encourage more bright clothing. Research shows that a major cause of motorcycle accidents is drivers’ failure to see motorcycles. Bright or shiny clothes and gear is one way to make sure they can see you.

But noise is another, and that’s where Florida law isn’t helping. Controversy has developed recently over a Florida law making it illegal to modify an exhaust pipe to be any louder than the original manufacturer’s pipe. In addition, bikes (and cars) made after January 1, 1979 can’t exceed 78 decibels at speeds of 35 mph or less and 82 decibels at higher speeds -- even if that’s the sound produced by the manufacturer’s original exhaust pipes. This is a problem for motorcyclists, because loudness is another important way we can help drivers realize we’re in traffic. Under these laws, bikers face a choice between protecting themselves as thoroughly as possible or dealing with a flood of $75 tickets and harassment from law enforcement.

As a rider, I believe we should be doing everything we can to prevent motorcycle accidents, which cause wrongful deaths and tragic, preventable disabilities like brain damage and spinal injuries. Given the “Ride Proud, Dress Loud” campaign, the State of Florida seems to agree, so it’s puzzling and disappointing that it wouldn’t be willing to allow reasonable alterations to OEM mufflers as well.

If you’ve done what you can to protect yourself and you were still hurt in a serious motorcycle accident caused by a driver’s carelessness, please contact my law firm, Cohn, Smith & Cohn today for a free consultation.

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I’m sorry to say that the police are looking for witnesses to a fatal motorcycle accident that took place right here in Pembroke Pines. According to the Sun-Sentinel, motorcyclist Ricardo DeCastro of Miami was killed July 23 when he was rear-ended on Pines Boulevard by Larry Beltran of Miami Gardens. The article says Beltran rear-ended DeCastro at a light after following too closely, then continued through the intersection, hitting both DeCastro and his bike. If you have any information on the accident, you can report it to the Pembroke Pines Police Department at 954-431-2200.

To me, as a personal injury lawyer specializing in motorcycle accident lawsuits, the facts in the article don’t look very good for Beltran. If you’ve ever been in a rear-end accident, you probably know that insurance companies assume the driver in the rear is always at fault unless proven otherwise with some sort of authoritative documentation, like a police report. In this case, Beltran apparently kept going and hit the bike again, which won’t help. In fact, since the report says DeCastro was wearing a helmet, it could have been the deciding factor in the accident.

Normally, in motorcycle accident lawsuits, insurance companies for the other side try to make my client seem at fault by invoking tired stereotypes about reckless motorcycle gangsters. That’d be hard in this case, with DeCastro wearing his helmet -- even though it’s not required by law in Florida for most riders. By contrast, it could be a tough job to describe Beltran as an innocent victim if it’s true that he was tailgating and failed to stop right away.

Of course, we don’t have the full story, which could change everything. And in any case, my sympathies go out to DeCastro’s family, who are truly innocent victims no matter what the facts. But if you and your family have gone through a similar tragic motorcycle accident, you have every right to sue the careless driver over the bills and the suffering caused by your injuries or wrongful death. I encourage you to contact my firm, Cohn, Smith & Cohn, for a free consultation on your case.

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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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The National Highway Traffic Safety Administration has just come out with statistics on traffic fatalities for the year 2007, and for most Americans, the news is good. The NHTSA is part of the federal Department of Transportation; it researches traffic accidents and provides information on things like vehicle recalls and how to use a child car seat correctly. If you’re interested, a PDF of the results can be found here.

I’m pleased to say that the August 14 report on traffic fatalities shows an overall trend toward fewer fatal accidents. Between 2006 and 2007, overall fatalities dropped by 3.9%; Florida actually exceeded the national numbers with a 4.3% drop. The national number includes a 2.9% decrease in pedestrian fatalities, a 3.7% drop in alcohol-related deaths and a 5.7% drop for fatalities in passenger vehicles.

That drop for passenger vehicles would actually be significantly larger if it weren’t for a big, ugly exception: The rate of motorcycle accidents actually increased by 6.6%. Unfortunately, this is part of an ongoing trend toward more motorcycle traffic deaths. The NHTSA reports that there were 2,106 motorcycle fatalities in 1997; ten years later, the reported number is 5,154. That means motorcycle-accident-related deaths have more than doubled in the past ten years! Of course, part of it is that there are just more motorcycles on the road, as the NHTSA has documented -- though not more than double the amount. And of course, all those new riders start out inexperienced.

In response, the NHTSA plans to launch a motorcycle safety campaign, but it focuses on drunk riding. That is a problem, but as a rider, I know that far too many motorcycle accidents are caused by drivers of cars and trucks who “don’t see” the riders right in front of them. The definitive study on motorcycle accidents’ causes, the Hurt Report, actually says that half of all motorcycle accidents are caused by drivers, with drivers most often turning left right in front of a bike going straight.

If you’ve been seriously hurt by a driver who wasn’t looking where he or she was going, you have rights. Please contact us at Cohn, Smith & Cohn so we can hear about your case and advise you about your rights in a free consultation.

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If you ride a motorcycle in Florida -- or plan to soon -- you’ve probably heard about the new state law requiring new riders to pass a training course before they get their licenses. If you haven’t, here’s a brief summary: People of any age who would like a brand-new motorcycle endorsement on a Florida license must first pass a Basic RiderCourse from the Motorcycle Safety Foundation. Before, this was only true for riders under 21. People who already have motorcycle endorsements aren’t affected. The Florida DMV has more information.

I ride myself (I have a Harley Road King Classic and a Big Dog Ridgeback chopper, and my wife rides a Harley Softtail Deluxe), and I don’t mind admitting that I wouldn’t like being told what to do by the government if I were a new rider. However, as a personal injury attorney who’s handled many motorcycle accident cases, I believe this law could greatly benefit riders. That’s not so much because it’ll make riders safer. Of course, I hope and believe a training course will make inexperienced riders think twice about advanced or dangerous moves. But the landmark study on motorcycle accident causes, the Hurt Report, found that at least half of all motorcycle accidents are caused by drivers of cars and trucks who violate the motorcyclist’s right of way. In fact, it said drivers’ failure to look for or see riders is “the predominating cause of motorcycle accidents.” If you’re on the road frequently, you can probably confirm that from your own experience.

No, I’m pleased about this training law because it will make it harder for insurance companies to make motorcyclists look reckless. As a personal injury lawyer in Fort Lauderdale, I frequently represent people who were seriously injured in accidents, and serious injuries can be expensive. Some insurance companies don’t want to pay expensive claims -- even though they’re obligated to by their own contracts -- so they try to make the accident look like the rider’s fault. Unfortunately, in front of a jury with negative preconceptions about motorcycles, this can be easy. But if I can point to my client’s Motorcycle Safety Foundation certification, I have built-in evidence that my client knows what it takes to stay safe on the road. (Wearing a helmet and other protective gear also helps demonstrate this.)

Of course, the best way to avoid stupid insurance tricks is to not need to make a claim. But if you were hurt in a motorcycle accident despite your best efforts, you should contact my firm, Cohn, Smith & Cohn, for a free evaluation of your case.

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