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Archive for the ‘Motorcycle accident’ Category

Summary of Florida Motorcycle Helmet and Insurance Laws

Tuesday, August 16th, 2011

If an adult meets certain insurance standards under their motorcycle policy, Florida law does not require that person to wear a helmet while on a motorcycle. Most bikers are safer riders and yet, sadly, they can still get hurt by careless motorists. Everyone needs to understand that, helmet or not, bikers are legal and safe as long as all drivers follow the rules of the road.

Florida Statute 316.211 provides:

(1) A person may not operate or ride upon a motorcycle unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation. The Department of Highway Safety and Motor Vehicles shall adopt this standard by agency rule.

(2) A person may not operate a motorcycle unless the person is wearing an eye-protective device over his or her eyes of a type approved by the department.

(3)(a) This section does not apply to persons riding within an enclosed cab or to any person 16 years of age or older who is operating or riding upon a motorcycle powered by a motor with a displacement of 50 cubic centimeters or less or is rated not in excess of 2 brake horsepower and which is not capable of propelling such motorcycle at a speed greater than 30 miles per hour on level ground.

(b) Notwithstanding subsection (1), a person over 21 years of age may operate or ride upon a motorcycle without wearing protective headgear securely fastened upon his or her head if such person is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.

(4) A person under 16 years of age may not operate or ride upon a moped unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation.

(5) The department shall make available a list of protective headgear approved in this section, and the list shall be provided on request.

(6) Each motorcycle registered to a person under 21 years of age must display a license plate that is unique in design and color.

(7) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

The Tampa Tribune reported Sunday morning that a young man and young woman were injured in a high speed motorcycle crash at 2:46 a.m. in Winter Haven when the motorcycle hit a curb. Both were taken to Lakeland Regional Medical Center by ambulance. The man is in critical condition and the woman is stable. At the scene the passenger told investigating officers that the driver was speeding but she did not know how fast he was going.

We have represented and helped a lot of people hurt in motorcycle crashes and inevitably the insurance companies and defense attorneys who defend these cases point to the comparative negligence of the motorcycle rider. Speed, reckless conduct and not wearing a helmet can cause a jury to apply fault to the rider even under circumstances where the rider was not at all responsible for causing the crash.

To all the riders out there, ride free! And, also, please be safe.

Wooten, Kimbrough & Normand, P.A. – Orlando injury attorneys

Settlement Reached in Suzuki Motorcycles Defect Case

Friday, December 31st, 2010

A preliminary approval has been granted by the U.S. District Court in a breach of warranty class action lawsuit that was filed against the American Suzuki Motor Corporation and Suzuki Motor Corporation over damages that were allegedly caused by a defective design in the 2005 and 2006 Suzuki GSX-R motorcycles.

The settlement has been negotiated on behalf of a class including more than 26,000 members after investigations, motion practice and mediation occurred between Suzuki, its U.S. and Japanese Counsel and the counsel for the class.
The lawsuit claimed that a threaded screw hole that was drilled into anon weld location on the frame o f the motorcycle created an innate structural instability which increased the potential for a crack or break in the frame while being ridden. Suzuki issued a voluntary safety recall of the motorcycles after the lawsuit was filed.

While Suzuki denies any liability or wrong doing in the manufacture and marketing of the motorcycle, the company has agreed to settle the matter. At this time the preliminary approval leads all involved to believe that the case will be closed when the hearing is held in April.

As dangerous as motorcycles can be to drive and ride, it is important that the manufacturers take every possible precaution to make sure that their products won’t inadvertently cause an accident, damage or death. Even though Suzuki doesn’t admit to any liability in the case, the settlement is designed to appease all parties and the voluntary recall shows that Suzuki aims to provide safe products.

Motorcycle Passenger to Receive $3.5 Million Settlement

Wednesday, December 29th, 2010

A 17 year old girl was a passenger on her father’s motorcycle when a vehicle struck them at a high rate of speed. The girl suffered several fractures that required surgery to place pins and plates. Not only was she hospitalized for a long while, she also had to undergo rigorous physical and occupation therapy, and then go through more surgeries to have some pins and plates removed.
A mediator has assisted with the negotiations for a settlement. There were accident reconstructions, vocational and economic experts as well as medical experts which presented evidence that the driver of the vehicle crossed the yellow line which made the vehicle driver at fault for the entire accident.

The negotiations were intense and the result was that $1.5 million dollars would be placed into a structured settlement which will in the course of her lifetime pay the teen more than $3.5million. Negotiations and settlements enable one party to avoid claiming responsibility, and also allows the injured party to get justice and satisfaction for their motorcycle injuries, medical bills, and legal fees. Situations like this settlement will ensure that the girl is financially set for the rest of her life.

Motorcycles are dangerous, people are killed and severely injured every day, but the sad thing about this is that most accidents involving motorcycles are not the fault of the rider or driver of the motorcycle, but by the drivers of other vehicles who do not take into consideration that there are other people on the road with them.