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.
Driver Liability in Florida Motorcycle Accidents
Each and every Florida driver owes a duty to all other motorists, pedestrians, and anyone else using the road, including motorcyclists. When a driver’s poor judgment or negligence causes an accident, that driver may be liable for any damages caused by their failure to exercise due care. Compensation for injuries received usually comes in the form of a personal injury lawsuit brought by the injured party. In cases when the injured party died as a result of the injuries they sustained, a Florida wrongful death lawsuit may be filed by an appropriate party.
Helmet Use in Motorcycle Injury Cases
The question often arises whether a motorcyclist’s failure to wear a helmet can prevent them from recovering compensation. Even though the issue of helmet use is completely irrelevant to the driver’s negligent actions giving rise to the accident, some defendants will still try and introduce evidence that the person they injured was not wearing a helmet. Under Florida statutory and case law, there is no per se prohibition on a rider being able to recover if they are not wearing a helmet. However, if a rider wants to keep evidence out of the consideration of the judge or jury, they may have to file an appropriate pre-trial motion to do so. To learn more about the laws surrounding motorcycle accidents in Florida, contact a dedicated personal injury attorney.
Have You Been Injured in a Florida Motorcycle Accident?
If you or a loved one has recently been involved in a serious Florida auto accident, you may be entitled to monetary compensation based on the driver’s negligence in causing the accident. However, as explained above, defendants in these lawsuits will often try and shift the blame onto the motorcyclist to escape liability. To make sure that you are treated fairly, and that your case gets treated with the seriousness it deserves, call one of the skilled Florida personal injury advocates at Cecere Santana. With decades of experience representing Florida accident victims, Cecere Santana knows what it takes to be successful for their clients. Call 800-753-5529 today to set up your free consultation.
More Blog Posts:
Teen Killed in Fort Lauderdale Hit-and Run, Cecere Santana Injury Lawyers Blog, published November 4, 2015.
Florida Supreme Court Holds Accident Victim’s Future Medical Payments Through Medicare and Medicaid Not Admissible at Trial, Cecere Santana Injury Lawyers Blog, published October 20, 2015.