South Florida Injury Attorney Blog

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 Despite outdated stereotypes about the kind of person who rides, I’ve discovered that police officers are often friendly to civilian motorcyclists who are clearly responsible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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Posted In: automobile accidents , motorcycle accidents , wrongful death

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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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Posted In: bicycle accidents , motorcycle accidents

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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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Posted In: insurance coverage , motorcycle accidents

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