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.
I take a special interest in motorcycle accidents because I am a motorcyclist myself. That means I understand what riders face on Florida roads, including carelessness and anti-motorcycle prejudice from drivers. At Cohn, Smith & Cohn, we put that experience and knowledge to work for motorcycle accident victims and their families. With more than 25 years of experience, we understand all of the most common tricks insurance companies use to deny motorcyclists’ claims — and we know how to counter them. Our Tamarac motorcycle crash attorneys fight aggressively against insurance company tactics that seek to blame motorcyclists for their own injuries with outdated, offensive stereotypes. We want to make sure our clients get every penny of the settlement they need to get needed medical care, support themselves and get back on the road.
If you or a loved one was seriously injured in a motorcycle accident caused by someone else’s carelessness, don’t hesitate to call Cohn, Smith & Cohn to learn more about your legal options. For a free evaluation of your case, please call us today at (954) 431-8100 or contact us through our Web site.