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

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.

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.

Mr. Joseph Presti age 83 was driving the vehicle which struck Gianguzzo’s motorcycle. The defendants listed in the lawsuit for wrongful death included Allstate insurance company, Federal Insurance and Chubb Insurance. A settlement was reached through a mediator and <a href="“>personal injury lawyer. An agreement between the parties came to a total of $1.975 million.

Because a settlement was reached there was no need for a jury trial or further court involvement and this allowed no admittance of fault or liability, but provided the estate of Mr. Gianguzzo with financial freedom and some small justice and satisfaction in the case of his wrongful death due to this accident.

It is often found that while motorcycles are touted as dangerous vehicles most of the time the motorcycle and the motorcycle driver are not at fault. The other vehicles on the road seem to not allow proper respect and space for a motorcycle rider who is much less protected in instances of collision.

Wrongful death and personal injury cases come up on court dockets across the country every day. Lawyers and attorneys who specialize in these matters are the best choice for anyone who is facing the challenge of filing a lawsuit concerning this type of injury or death.

The 2004 accident on an Arizona interstate led Jim McMahon to eventually hire a <a href="“>personal injury lawyer and sue Harley Davidson alleging that the company produced a faulty motorcycle that led to the crash. The company did not take the blame insisting that driver error caused the accident.
Testimony in this case began last month, and the jury was already in deliberations when jurors informed the judge that they were hung and unable to agree on the topic of liability. The parties involved, agreed to a confidential settlement.

While the details of the settlement are confidential the plaintiff’s attorney said “It’s done, he can get on with the rest of his life.”
A settlement is more than likely the most satisfying outcome for a case such as this. Harley Davidson is a well known and large motorcycle company that has been around for decades, and while the damage to McMahons life is horrifying it is also a fact of life that motorcycle riders are willingly placing themselves in danger every time they straddle the bike. Settling the case or agreeing to disagree could be the best solution for both parties. There were no recalls or known defects in the model of HD Motorcycle involved in the accident.

The lawsuit is seeking an unspecified amount of financial compensation from the young man who has been accused of running his pickup head on into the 4 motorcycle riders who were on their way home from the annual Sturgis motorcycle rally.

Authorities report that Schlichtemeier was drunk when he swerved his pickup truck into oncoming traffic and struck the 4 motorcycles. He has pleaded not guilty to four counts of vehicular homicide and remains in jail until his trial date of December 7th or until someone pays his $200,000 bond. Drunk driving was the cause of these tragic deaths, not the fact that the men were on motorcycles, not that they were driving recklessly. They were four men on their way home to their families when a drunk driver took their lives. Dale Aspedon, Dennis Chaney, Steven Benscoter and Jay C. Bock were tragically killed on the highway and it had nothing to do with their choice of a dangerous method of transportation.
The <a href="“>personal injury lawyer and lawsuits represent the families of only two of the four victims.

On the evening before a negligence trial was to begin a settlement was reached between the <a href="“>personal injury lawyer and others involved and the out of work prison guard David Apa has agreed to accept $4.95 million for his suffering and loss of income due to the accident.
Personal injury cases often involve motorcycle riders, who are following the rules, being as safe as possible and who are injured, harmed, crashed by inconsiderate drivers of larger vehicles which cause serious damage that can affect the rest of the motorcycle riders life. The drivers who cause these accidents should be held responsible for the negligence and harm that they cause by their negligence.

When a hard working man such as David Apa is put out of work due to medical problems caused by an accident he not only has the pain and suffering to endure but also the worry about how he will pay his bills, how he will survive when he can’t work in the profession which he has trained for. The money paid to Mr. Apa will not give him back his old life, or his profession but it will provide financial freedom from worry.

Mr. Allen suffered a serious leg injury that led to multiple surgeries, pain and suffering. After a three
week trial a jury awarded Mr. Allen an amount that is more than 18 times what the insurance company
offered him. The same insurance company defendant that claimed that the truck driver was not at fault
for the accident and attempted to blame it on Mr. Allen was found by a jury to be in the wrong.

This case proves the point that a skilled and knowledgeable personal injury attorney can ensure that
you will be properly compensated for your injuries. If you have received any injuries that are caused by
another party don’t accept a quick settlement because it is offered. If you have been wronged take it to
court, fight it out and actually receive a real financial award that will help cover not only your medical
expenses, but loss of income, pain and suffering and will provide future security for you and your family.

The injuries sustained in the motorcycle accident required surgeries and medical attention for both the father and daughter. Personal injury cases often involve medical expenses, loss of income and pain and suffering caused by the accident. While Mr. Wright and his daughter have son such a huge settlement it is important that motorcycle riders and drivers on the road both are aware of the possibility of not just injury but also death on the roads.

Because the Wrights had on protective gear and were not riding recklessly or impaired in any way, they
were truly wrongfully injured and had done nothing to make them liable for the accident. Vehicle drivers
must learn to share the road with motorcycle riders to stop these often tragic accidents from happening.

If you are a motorcycle rider who had been in an accident that was not your fault, consult a personal
injury attorney to find out what your rights are to receive compensation and justice for your injuries
including medical expenses and loss of income due to the accident. Pain and suffering are often taken
into consideration as well when juries consider surgeries and recovery time.

The primary focus of Motorcycle Awareness month is to promote sharing the road.  It stresses the importance of motorcycle safety - equipment, clothing and driving skills. It also reminds the drivers of other vehicles that they share the road with motorcycles and that they are often times difficult to see.  Fifty-five percent of all motorcycle deaths involved other types of vehicles. 

As we drive, NHTSA wants us all to be aware of the following:

* Motorcycles are vehicles with the same rights and privileges as any vehicle on the roadway.

* Allow the motorcyclist a full lane width. Although it may seem as though there is enough room in the traffic lane for an automobile and a motorcycle, remember the motorcycle needs the room to maneuver safely. Do not share the lane.

 

* Motorcycles are small and may be difficult to see. Motorcycles have a much smaller profile than vehicles, which can make it more difficult to judge the speed and distance of an approaching motorcycle.

 

* Always signal your intentions before changing lanes or merging with traffic. This allows the motorcyclist to anticipate traffic flow and find a safe lane position.

 

* Remember that motorcyclists are often hidden in a vehicle’s blind spot or missed in a quick look due to their smaller size. Always make a visual check for motorcycles by checking mirrors and blind spots before entering or leaving a lane of traffic and at intersections.

 

* Don’t be fooled by a flashing turn signal on a motorcycle – motorcycle signals usually are not self-canceling and riders sometimes forget to turn them off. Wait to be sure the motorcycle is going to turn before you proceed.

 

* Remember that road conditions that are minor annoyances to motorists can pose major hazards to motorcyclists. Motorcyclists may change speed or adjust their position within a lane suddenly in reaction to road and traffic conditions such as potholes, gravel, wet or slippery surfaces, pavement seams, railroad crossings, and grooved pavement.

 

* Allow more following distance, three or four seconds, following a motorcycle so the motorcyclist has enough time to maneuver or stop in an emergency. In dry conditions motorcycles can stop more quickly than cars.

* Motorcycles are vehicles with the same rights and privileges as any vehicle on the roadway.

 

* Allow the motorcyclist a full lane width. Although it may seem as though there is enough room in the traffic lane for an automobile and a motorcycle, remember the motorcycle needs the room to maneuver safely. Do not share the lane.

 

* Motorcycles are small and may be difficult to see. Motorcycles have a much smaller profile than vehicles, which can make it more difficult to judge the speed and distance of an approaching motorcycle.

 

* Always signal your intentions before changing lanes or merging with traffic. This allows the motorcyclist to anticipate traffic flow and find a safe lane position.

 

* Remember that motorcyclists are often hidden in a vehicle’s blind spot or missed in a quick look due to their smaller size. Always make a visual check for motorcycles by checking mirrors and blind spots before entering or leaving a lane of traffic and at intersections.

 

* Don’t be fooled by a flashing turn signal on a motorcycle – motorcycle signals usually are not self-canceling and riders sometimes forget to turn them off. Wait to be sure the motorcycle is going to turn before you proceed.

 

* Remember that road conditions that are minor annoyances to motorists can pose major hazards to motorcyclists. Motorcyclists may change speed or adjust their position within a lane suddenly in reaction to road and traffic conditions such as potholes, gravel, wet or slippery surfaces, pavement seams, railroad crossings, and grooved pavement.

 

* Allow more following distance, three or four seconds, following a motorcycle so the motorcyclist has enough time to maneuver or stop in an emergency. In dry conditions motorcycles can stop more quickly than cars.

A good source for information on motorcycle safety, driving courses and proper equipement is the Motorcycle Safety Foundation.  According to their website, ”the Motorcycle Safety Foundation is the leader in championing the safety of motorcyclists.”