Motorcycle Accidents

Published on: June 23, 2018

Court: No UIM For Motorcyclist From Insurer of Car That Struck Him

A motorcyclist who was thrown backward onto the hood of a car driven by a motorist who failed to stop in time for a red light was not entitled to underinsured motorist coverage from the vehicle driver’s insurer.

It was an interesting argument made by the plaintiff in the case, as uninsured/ underinsured motorist coverage is typically paid by an insurer to its own insured and/ or occupants of that vehicle. It can also be paid to bicyclists or pedestrians by the insurer of the car that struck them because they are not required to have insurance to use the road. In this case before the Alaska Supreme Court, plaintiff alleged he should be entitled to the driver’s UIM coverage as an “insured occupant” because he landed on the car after impact. The liability limits of the vehicle driver’s insurance did not cover the full extent of his damages, essentially rendering the car driver uninsured.

The vehicle driver’s insurer then sued the injured motorcyclist for a declaratory judgment, arguing UIM coverage was not available to him.

The motorcyclist responded, arguing the issue wasn’t ripe for the insurer’s declaratory judgment and thus the court didn’t have any subject matter jurisdiction. He filed a counterclaim seeking his own declaratory judgment in his favor that would assert the coverage was available to him. The trial court found that it did have subject matter jurisdiction, granted both summary judgment and declaratory judgment in favor of the insurer and dismissed the motorcyclist’s third-party claim. Continue reading →

Published on: April 4, 2017

AAA: Florida No. 1 for Motorcycle Accident Deaths

By Dean Freeman

The Daytona Beach Journal offered up some great news last month when it reported the number of bicycle deaths during the 76th annual Daytona Bike Week had fallen to historic lows this year. Officials told news reporters this had to do with a number of factors, including lower attendance, beefed up law enforcement patrols and increased awareness among industry groups.

Still, it wasn’t all positive. Two people still died and three were injured in separate accidents. But when you look at the fact nearly 500 people died in motorcycle accidents in Flagler and Volusia Counties between 2005 and 2015 and that almost a third of those happened at one of the region’s two major biking events – Bike Week and Biketoberfest – this year’s two deaths is far fewer than we’re used to seeing. It’s still two too many.

What’s more, Florida is nowhere near rid of its motorcycle accident risks. As The Orlando Sentinel reported, a recent study by AAA indicated that Florida once again leads the nation in motorcycle accident deaths. Worse, there were 606 motorcyclists killed in this state in 2015, which marks a stunning 30 percent increase in just a single year – from 2014. Continue reading →

Published on: September 29, 2015

Florida Motorcyclist Killed in Collision With Dump Truck

By Dean Freeman

It was Friday morning when a Fort Lauderdale man got the call of a crash in Davie on South State Road 7. Nothing especially unusual about that. As a tow truck driver, he was used to being called to crash scenes to haul off damaged vehicles so regular traffic patterns could resume.

But while he was on his way there, his supervisor called him. Don’t go to this one. Turn around and head home.

As it turned out, the crash involved his younger brother, also a tow truck driver and father of a 12-year-old boy. He had been riding on his stepfather’s Suzuki on his way into work when he collided with a dump truck. Continue reading →

Published on: September 15, 2013

Coral Springs Motorcyclist Killed in I-95 Accident

By Dean Freeman

A 58-year-old man from Coral Springs was recently killed while riding his motorcycle after he was hit on Interstate 95. According to 12 News, the accident happened at roughly 3:00 a.m. The rider was heading down I-95 between Indian Town Road and Donald Ross Road when he was hit from behind. While he was wearing a helmet when the accident happened, it wasn’t enough to save his life. He was pronounced dead at the scene. Police are still investigating the accident and are trying to determine is alcohol was a factor.

Our Coral Springs motorcycle accident lawyers understand that the Sunshine State’s growing population and popularity with motorcyclists makes motorcycle safety an important issue, especially now with the increase in traffic expected with the arrival of seasonal residents. The number of motorcycle accidents, deaths and injuries in the U.S. has been increasing in recent years, and Florida is showing the same trend.

According to Ride Smart Florida, motorcycle accidents account for about 8 percent of all traffic fatalities in the state in 2000. Over the following 8 years, this number jumped to close to 18 percent. In 2010, the number of motorcycle fatalities dropped down to about 14.5 percent, but turned back to about 17 percent in 2011.
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Published on: May 15, 2013

Motorcycle Accidents in Focus this May

By Dean Freeman

The Florida Department of Transportation (FDOT) recognizes May 2013 as Motorcycle Safety Awareness Month. Motorcycles can be easily hidden in traffic, so it critical for motorists to watch for motorcycles to ensure everyone’s safety.

“Florida’s mild climate and beautiful scenery make it very attractive for Florida residents to own a motorcycle,” said DHSMV Director Julie Jones.

Our Weston motorcycle accident lawyers understand that the state of Florida was ranked as the most dangerous state in the country for motorcyclist fatalities in 2011. According to the latest statistics from the National Highway Traffic Safety Administration (NHTSA), there were close to 450 motorcyclists killed here in the Sunshine State throughout the year.

There’s plenty going on in the state of Florida during awareness month. Make sure you get out there and get involved to help to make our roadways safer for everyone. You can find the events nearest you by visiting CycleFish.com.

The sad truth of it all is that we can’t always rely on the safe driving habits of others out there. That’s why it’s important that we’re doing all that we can on two wheels to help ensure our safety. One of the best things you can do is strap a helmet on. Riders without a helmet are nearly 50 percent more likely to suffer a fatal head injury in an accident and about 5 times more likely to suffer a brain injury than those who are wearing a helmet.

You also want to make sure that you’re practicing your most defensive driving habits at all times. Stay out of the blind spots of drivers and steer clear of dangerous driving. Safe and defensive driving habits can keep you alive.

Oftentimes, motorcyclists are overlooked out there. You want to make sure that you’re seen at all times. Make sure that you’re wearing bright-colored clothing, your headlights and taillights are working properly and that you’re predictable in traffic. Stay a step ahead of the traffic around you.

As with any kind of driving, it’s important that you stay sober. Each year, we lose thousands of lives as a result of irresponsible and intoxicated driving. Stay sober and stay safe.

In the state of Florida, close to 20 percent of fatalities are motorcycle riders. These travelers account for close to 5 percent of the motoring public. And these accidents have only been getting worse in recent months. As more motorcyclists hit our roadways this summer, the risks for these types of collisions skyrocket.

“It’s a high-fatality type of vehicle,” said Edith Peters, a spokeswoman with FDOT.

Lastly, it’s not a bad idea to enroll yourself in a motorcycle safety course. We’re not saying that you don’t know what you’re doing out there. We’re just saying that it’s a good idea to brush up on your riding skills every once and a while.
Continue reading →

Published on: March 7, 2013

Motorcyclists Beware: Daytona Beach Bike Week and Accident Risks

By Dean Freeman

There are treasure hunts, bicycle raffles, parties, races and so much more. And all these events are a part of Daytona Beach Bike Week. What officials leave out are the risks for motorcycle accidents during this time. Each year, about 500,000 people make their way to the festival for one of largest motorcycle gatherings in the country.

Our Palm Beach motorcycle accident lawyers understand that we see these risks all year long, but they skyrocket during this huge motorcycle event. According to The Palm Beach Post, two motorcyclists wound up at St. Mary’s Medical Center in West Palm Beach after a serious accident at the intersection of Royal Palm Beach Boulevard and Tangerine Boulevard. The accident happened just before 8:00 p.m. And these kinds of risks are only expected to get worse.

Unfortunately, we hear about accidents like this one year round. It’s important that motorists are on their best behavior, especially during Daytona Beach Bike Week. According to the National Highway Traffic Safety Administration (NHTSA), there were close to 400 motorcyclists killed in the state of Florida in 2010. We were ranked that year as the second most dangerous in the country for these kinds of accidents, only behind Texas.

In 2010, there were close to 7,500 motorcycle accidents recorded in the Sunshine State. In addition to the close to 400 fatalities, there were another 6,700 people injured in these accidents. What’s most alarming is that these kinds of fatalities accounted for about 8 percent of all traffic accident fatalities in 2000. In 2010, these kinds of accidents contributed to more than 14 percent of all traffic fatalities. This number is only expected to rise as more and more hop on motorcycles. Remember, they have rights to our roadways too and need to be treated like any other motorist out there.

Florida Motorcycle Stats, 2010:

-Riders between the ages of 45 and 54 sustained more injuries than any other age group.

-More riders between the ages of 45 and 54 were killed in motorcycle accidents than any other age group. Ranking in second were riders between the ages of 25 and 34.

-The media age of motorcyclists who were killed was 42.

Believe it or now, but Miami-Dade, Pinellas, Volusia, Hillsborough, Palm Beach, Broward, Duval, Orange, Pasco, and Brevard counties accounted for the largest number of motorcyclist deaths respectively in 2010.

Drivers are asked to be cautious out there. Passenger car drivers are oftentimes the cause of these kinds of accidents. Make sure you look — twice — before making any movements in traffic. Bikers can oftentimes get lost in your blind spots. It’s also important to remember that these vehicles swerve within their lanes to avoid debris, potholes and other road defects. Don’t assume they’re being reckless and never share a lane with them. They follow the same road laws as you, treat them like they’re any other driver. It’s your responsibility to find these vulnerable travelers. Much of their safety relies on your actions behind the wheel.
Continue reading →

Published on: May 15, 2012

Accidents in Stuart City and Elsewhere Land Sunshine State as 18th Most Dangerous

By Dean Freeman

Each and every year, there are more than 12,000 Florida residents who die in car accidents, falls, domestic violence, work-related accidents, burns and other accidents in Stuart City and elsewhere.

These numbers, recently released from an injury report from the Robert Wood Johnson Foundation and Trust for America’s Health, conclude that Florida ranks in at number 18 in the country for death by injury, according to the Orlando Sentinel.

The report, “The Facts Hurt,” looked at the fatality rates of each state and determined which one’s residents were most likely to die in. It also looked at what preventative measures were being taken and which could be taken to help to keep residents and visitors safe.

In the state of Florida, about 67 out of every 100,000 Floridians are killed each year in preventable accidents, such as motorcycle accidents, drunk driving, falls, domestic violence and drug overdoses. Nationwide, states average about 58 fatalities for every 100,000 residents. Males account for about 70 percent of these fatalities.

Our Stuart City injury attorneys understand that the loss of anyone is emotional. Unfortunately, these fatalities cost the state a little more than sadness. They rack up a tab of nearly $120 million in total lifetime medical costs. Luckily, the report also put forth some suggestions for how each state could help to improve their numbers to help keep residents alive. In addition to saving lives, the report’s suggestions could help to prevention millions of injuries every year too.

Of the suggestions to make states safer for everyone, Florida already has six of them. What our state is lacking is tougher breathalyzer and ignition interlock laws, tougher motorcycle helmet laws, our state failed to meet the American Academy of Pediatrics standards for kids’ car and booster seats in cars and we should have been working harder to break the cycle of teen dating violence.

In our state, laws already require motorists to wear seat belts, for riders to wear helmets while driving bicycles and we also had a prescription drug monitoring system. We earned some bonus points in the study for those, but it still wasn’t good enough.

In comparison to other states, Florida ranked about in the middle for preventative measures. California weighed in at number one for these, holding down 9 out of the 10 preventative measures. Its strict laws and aggressive enforcement that help to keep residents alive and well.

Motor-Vehicle Accident Preventative Measures:

-Seat belts were able to help save nearly 70.000 people from 2006 to 2010.

-Motorcycle helmets saved an about 8,000 lives between 2005 and 2009.

-Kids’ car seats saved nearly 2,000 kids from 2005 to 2009.

•Sobriety check-points helped to cut alcohol-related accidents by about 20 percent.
Continue reading →

Published on: March 11, 2012

Risks for Motorcycle Accidents in Delray Beach and Elsewhere Increased during Bike Week

By Dean Freeman

We’re sitting in the heart of the Daytona Beach Bike Week 2012. This year is the event’s 71st anniversary. Every year, we see thousands and thousands of bikers from across the country flock to the state of Florida for this event. With all of these bikers on our roadways, the risks for motorcycle accidents in Delray Beach and elsewhere skyrocket.

This year’s event is taking place from the 9th of March through the 18th of March. Although the event is held in Daytona Beach, bikers throughout the state will be participating in and attending events throughout the state in celebration of two-wheeled transportation. This year’s big bike week is being presented by Harley-Davidson Insurance and was pushed back a week because of the rescheduling of the Daytona 500.

Our Delray Beach injury attorneys understand that motorcyclists are some of the most vulnerable travelers on our roadways. Oftentimes, accidents involving these two-wheeled motorists result in deadly consequences. These motorists are not provided with seat belts or with the protection of a metal cage. Because of their small size, motorists are asked to keep an eye out for motorcyclists while we continue on through the month of March and through the rest of the year. This is especially important in the state of Florida, considering we have twelve beautiful months of motorcycling weather!

At Riverfront Park, events will include motorcycle stunt shows, live bands, food, vendors and contests. Riverfront Park is the Official Bike Week Headquarters.

Daytona Beach Bike Week 2012 Events:

-Harley Davidson Custom & Classic Motorcycle Ride-In Show: This show is presented by American Iron Magazine. It will be held at the Harley-Davidson Experience area on Beach Street. Photographers will be on hand from Motorcycle Bagger and American Iron to take pictures of entries for possible features in the magazines.

-Bike Week Community Appreciation Parade: After being canceled for seven years, the iconic parade is back. It was halted back in 2004 when the Daytona 200 was moved from a Sunday to a Saturday. Everyone who wants to participate is asked to be at Ocean Center by 9 a.m. on Saturday, March 17th. The parade will leave Ocean Center and will be escorted by the Daytona Beach Motorcycle Police all the way to Daytona International Speedway!

-Bike Week App for Bike Week Daytona Beach 2012: This app is like having a virtual tour guide in the palm of your hand. It will provide you with everything you need to know about the event, all with the click of a button.

-Bike Week Treasure Hunt: Everyone who wants to take part in this event will be provided with a “passport.” After all of the locations have been found and passports have been stamped, then participants are asked to return to Riverfront Park. The first 300 to complete the hunt will get a Daytona Beach Bike Week 2012 Commemorative Coin. There were only 300 coins printed.
Continue reading →

Published on: March 2, 2012

Biker Killed in Coral Springs Motorcycle Accident

By Dean Freeman

A recent motorcycle accident in Coral Springs took the life of a motorcyclist and severely injured a vehicle’s passenger. According to 7NEWS, the accident happened at the intersection of Woodside Drive and Sample Road.

As the amount of traffic in Florida continues to increase, especially through Spring Break, motorists are asked to be cautious of our two-wheeled friends. Motorcycles are at high risks for traffic accidents on our roadways. Despite some of the most experienced efforts of motorcyclists, injuries that accompany these accidents are oftentimes caused when motorists neglect to acknowledge motorcyclists on our roadways, by motorists failing to provide ample travel space for these riders and by motorists failing to obey roadway laws. With a little attention and effort, many of these accidents and fatalities can be prevented.

Our Coral Springs motorcycle accident lawyers understand that there were nearly 400 motorcyclists killed in traffic-related accidents across the state of Florida in 2010. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were also nearly 35 passengers killed, nearly 6,700 motorcyclists injured and nearly 750 motorcycle passengers injured. These fatalities and injuries were the result of nearly 7,500 accidents in the state throughout 2010.

Many of these accidents could have been avoided if drivers paid a little more attention to bikers on our roadways. Oftentimes, vulnerable bikers are overlooked by drivers. When an accident involves a motorcyclist, you can almost guarantee some serious injuries. These bikers are not protected by air bags, vehicle cages or seat belts. Many bikers rely on the safe and responsible driving habits of passenger-vehicle drivers to help to keep them safe on our roadways. It’s a team effort.

Safe Driving Tips for Motorists Traveling Around Motorcycles, from the Florida Department of Highway Safety and Motor Vehicles:

-Never share a lane with a motorcyclist. You always want to allow them a full lane’s width to travel. Just because they’re smaller vehicles doesn’t mean you can share lanes with them.

-Be on the lookout for motorcycles. Always check your mirrors and your blind spots before making any movements in traffic, especially pulling into traffic and changing lanes.

-Don’t let a biker’s blinker fool you. On motorcycles, blinkers aren’t self-canceling like the ones on cars and trucks. Always make sure that a motorcyclist is for real with their signals.

-Road debris and hazards may be annoying to drivers of passenger vehicles, but they’re really dangerous for motorcyclists. For this reason, motorcyclists will swerve throughout their lane to avoid these dangers. Allow them with enough room to do so safely.

-Never tailgate a motorcycle. Allow enough time for the rider to stop in the event of an emergency. Driving too closely behind a motorcycle lessens your time to react to their movements.
Continue reading →

Published on: September 29, 2011

Speed a Common Cause of Motorcycle Accidents in Coral Springs, Statewide

By Dean Freeman

A recent fatal motorcycle crash involving two brothers on separate bikes has us mindful how speed can increase the dangers of being involved in a motorcycle accident in Coral Springs, Tamarac, Weston and elsewhere in Florida.

Wink News Now reports two brothers were each riding motorcycles on Sea Mist Drive when one tried to pass the other and caused a collision between the two motorcycles. Upon impact, one man was thrown into some bushes and sustained serious injuries. He remained in critical condition. The other brother was thrown to the road and suffered a fatal injury. He was pronounced dead at Englewood Community Hospital. The accident report indicates that witnesses suspect the two motorcycles were traveling at almost 100 mph. A third motorcycle was allegedly involved in the accident as well. The rider reportedly left the scene after removing his bike from the bushes and stating he was unharmed. The Florida Highway Patrol is investigating the accident.

Lake Worth motorcycle accident attorneys know that motorcycles can be extremely dangerous, especially when traveling at high rates of speed. The faster the rate of speed, the more difficult it is to stop or react to a dangerous situation. Plus, motorcyclists aren’t protected by an outer shell like motorists in vehicles, so ejections, roll-overs and loss of control usually result in serious injury or fatality.

Continue reading →