Articles Posted in Motorcycle Accidents

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When a driver is involved in a South Florida car accident, they are required by law to remain at the scene of the accident and exchange their driver’s license and insurance information with the other drivers involved. In accidents in which another person was seriously injured, a motorist may also have a duty to call 911 to ensure that the injured party receives timely medical treatment. A Florida hit-and-run accident results when a driver fails to remain on the scene and fulfill these duties.

By some estimates, hit-and-run accidents account for nearly 25% of all Florida car accidents. Through public awareness campaigns and the implementation of a strict set of criminal punishments for hit-and-run drivers, Florida lawmakers have made significant steps to curb hit-and-run accidents. However, the fact remains that instances of hit-and-run accidents still are high.

Victims of hit-and-run accidents may be able to obtain financial compensation for their injuries, regardless of whether the hit-and-run driver was located by police. This can be done through the uninsured-driver provision of a motorist’s car insurance policy. However, not all claims are accepted, and even when a claim is accepted, the amount offered by the insurance company may not fully compensate an accident victim for their injuries. In these cases, an accident victim should seek the assistance of a dedicated South Florida personal injury attorney.

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A Miami-Dade jury awarded this week a $9.3 million verdict to a 24 year-old man involved in a motorcycle accident that resulted in a skull fracture and traumatic brain injury.

On the morning of March 16, 2014 Dylan Machado, who was represented by attorney Michael Cecere from Cecere Santana, PA, was traveling on his motorcycle near SW 67 Ave and 32 Terrace in Miami, when the defendant, Maria Rodriguez, changed into his lane, crashing into his motorcycle. The force of the impact caused Mr. Machado to fly off his motorcycle onto the pavement. Mr. Machado’s injuries resulted in him spending more than two months in the hospital and several months of rehabilitation.

During the one week trial, the attorney representing the defendant argued that Mr. Machado was negligent for not seeing Ms. Rodriguez and was negligent for not wearing his helmet. Mr. Cecere, along with attorney Henry Seiden, argued that Mr. Machado was indeed wearing his helmet and he did not contribute to the accident. In addition, Mr. Cecere contended, the defendant’s negligence had caused Mr. Machado’s severe and irreversible injuries that resulted in a lifetime of challenges and limitations for him.  The Miami-Dade jury only attributed 12% fault to Mr. Machado resulting in the multimillion dollar verdict.

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According to an October 12, 2016 CBS News article, the number of teenagers involved in deadly car crashes is rising for the first time in nearly a decade. In 2015, there was a 10-percent increase in teen driving deaths. “In fact, teenage drivers are more than one-and-a-half times more likely than adults to be involved in a deadly crash,” said personal injury attorney Erick Santana, a founding partner at Cecere Santana.

To help prevent fatal accidents involving teens, Santana and Cecere Santana co-founder Michael Cecere share the following three tips:

No. 1: Always wear your seat belt. “Of the teens who died in passenger vehicle crashes, approximately 55% were not wearing a seat belt at the time of the crash,” said Cecere. “Research shows that seat belts reduce serious crash-related injuries and deaths by about half.”

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Earlier this month in Bethel Township, a serious motorcycle accident nearly claimed the lives of the driver and passenger aboard the bike. According to one local news source, the accident took place near the intersection of U.S. 40 and South Palmer Road at around 2:30 on a Sunday afternoon.

Evidently, the motorcyclist was heading westbound when it collided with a northbound pickup truck. Both the driver of the motorcycle as well as his passenger were taken by medical helicopter to Miami Valley Hospital and admitted in critical condition. Neither person on board the motorcycle was wearing a helmet at the time of the crash.

Police initially disclosed to reporters that they were unsure who was at fault in the accident. However, after conducting a preliminary investigation of the accident scene, police then updated their report, indicating they believe that the pickup truck pulled out in front of the motorcyclist.

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Earlier this month, Miami Dade Commissioner Jose “Pepe” Diaz pleaded not guilty to allegations that he was operating his motorcycle while intoxicated. According to one local news source, the Commissioner was driving his Harley Davidson motorcycle on Roosevelt Boulevard at approximately 74 miles per hour. The speed limit on this section of Roosevelt Boulevard is 35 miles per hour.

Evidently, when officers pulled the Commissioner over, the officers had dash-cams and body-cams recording their entire interaction. It shows the unsteady Commissioner introducing himself as “Commissioner Diaz from Miami Dade County.” He also name-dropped by mentioning that Monroe County Sheriff Rick Ramsay knows his name.

The Commissioner declined the officers’ request that he take a blood-alcohol test, and regardless of how the case ultimately is decided, he will be required to forfeit his license for one year based on that refusal. The Commissioner’s attorney told reporters that he hopes that his client will be able to take advantage of some kind of diversionary program that may allow him to escape having a conviction on his record.

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Earlier this month in Palm Beach County, one man was killed and another injured in a motorcycle accident involving two bikes. According to one local news source, the accident occurred just before midnight on a Thursday evening as the two men were on their way home to Broward County from a dinner celebrating one of the riders’ birthdays.

Evidently, one of the motorcyclists lost control of his bike on Interstate 95 just north of Yamato Road. As that rider slid out of control, the other rider who was riding next to him also lost control as he tried to avoid the fallen bike on the highway. Both bikes slid for several hundred feet before coming to a complete stop.

The rider who first fell off of his bike was pronounced dead by emergency workers on the scene. The other rider was taken to Delray Medical Center, where he was admitted with serious injuries. As of the most recent report, he is in stable condition and is expected to fully recover after surgery and physical therapy. Both riders were wearing helmets.

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Last week in southern Florida, one man was killed and two others were injured in a two-motorcycle accident that also involved a car. According to one local news report, the car attempted to stop but was unable to do so and struck one of the riders. The accident took place around four in the morning between Miami Gardens Drive and Ives Dairy Road.

Evidently, two motorcycles were riding side by side on I-95 South when they collided with each other. Both of the riders were thrown from their bikes and landed on the highway. A passing car attempted to avoid the collision, but it ran over some of the shrapnel from the wreck and then ran over one rider’s legs. That rider was later pronounced dead at the scene of the accident by emergency workers. The other rider sustained serious injuries and was admitted into Aventura Trauma Center in critical condition. He is expected to recover.

The cause of the fatal motorcycle accident is still under investigation. Charges have not been filed against any of the parties involved at this point, but that may change as the police conclude the investigation.

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