North Florida Injury Lawyer Blog

On Florida highways and roads, motorcyclists / bikers are permitted under Florida law to ride two abreast in the same lane of travel. Pursuant to Section 316.209 - Operating Motorcycles on Roadways Laned for Traffic, all motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.

Drivers of motor vehicles including automobiles, trucks, and commercial vehicles should be on the look out for motorcycles and keep a safe distance from motorcycles when driving on Florida roads and highways. Yes, motorcyclists and bikers can travel or operate their motorcycles two abreast or two in the same lane. For more information regarding injuries resulting from motorcycle accidents, see Florida Motorcycle Accidents.

On Florida roads and highways, lane splitting is prohibited by Florida law. In other words, a biker / motorcyclist is not permitted to pass or overtake in the same lane occupied by the vehicle overtaken. It can be quite dangerous for a motorcyclist / biker to split a lane and pass while a vehicle is still in the biker's lane of travel. This law is in place for both the safety of the biker and the safety of other drivers operating vehicles on Florida roads and highways. See Section 316.209, Florida Statutes.

Unfortunately, motorcyclists and bikers suffer personal injuries due to accidents on Florida roads and highways. Watch Out for Motorcycles and Look Out for Motorcycles should be kept in mind any time that someone drives a vehicle on Florida roads and highways. See Florida Motorcycle Accidents.

Does Florida Law Require Motorcyclists / Bikers to Wear a Helmet? One would think that there is a simple answer to this question; however, a motorcyclist / biker should review Section 316.211 of the Florida Statutes to make sure that he or she is complying with Florida law. There are ways to comply with Florida law and avoid wearing a helmet. Many bikers / motorcyclists do not want to wear a helmet and this can be perfectly legal in Florida as long as this statute is complied with.

Section 316.211, Florida Statutes provides rules, regulations and laws for Equipment for Motorcycle and Moped Riders. The first part of the statute provides that 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.

However, there is an exception to the above general rule under Subsection 2 (b) which provides that 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.

In summary, a person can avoid the requirement of wearing a helmet if the person has at least $10,000 in medical benefits for injuries resulting from a motorcycle accident. It appears that this coverage can be in the form of motorcycle insurance and / or health insurance. See also Motorcycle Accidents in Florida.

In the State of Florida, all first time motorcycle license or endorsement applicants must complete a BRC (Basic Rider Course) to receive a license to operate a motorcycle. Section 322.12 - Examination of Applicants provides the following:

1. The department is required to formulate a separate examination for applicants for a license to operate a motorcycle.

2. The examination must test the applicant's knowledge of the operation of a motorcycle and applicable traffic laws.

3. The examination also must also include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control in the operation of the motorcycle.

For more information of Florida's law on the subject to Motorcycle Licenses, see Section 322.12 (5), Florida Statutes - Examination of Applicants. See also Motorcycle Accidents in Florida.

Safety precautions are recommended for anyone operating or riding a motorcycle in the State of Florida. If a person carries at least $10,000 in some kind of medical coverage, no helmet is required. Furthermore, no insurance is required for owners of motorcycles. Whether the law requires it or not, most safety experts would recommend the use of a helmet and most insurance experts and attorneys would recommend that a person owning a motorcycle have appropriate insurance in place.

In the State of Florida, a person can own a motorcycle and have no insurance in place whatsoever for that motorcycle. Florida law under most instances has no requirements for motorcycle owners and bikers. Of course, the laws for financial responsibility are much different for owners of motor vehicles including passenger vehicles, automobiles, trucks, and commercial vehicles. See Section 324.01 - Financial Responsibility Laws for Vehicles (Other than Motorcycles).

According to Daniel Miller, insurance agent and agency owner of Brightway Insurance Jacksonville, all motorcycle owners should insure their motorcycles with the following coverages: property damage liability, bodily injury liability, uninsured or underinsured motorist coverage, collision coverage, and medical payment coverage. Miller states that, "Having sufficient motorcycle coverage in place is essential for the motorcyclist and the owner of the motorcycle whether Florida law requires it or not." See Brightway Insurance - Jacksonville for more information as to motorcycle insurance and your other insurance needs.

Unfortunately, far too many motorcycle owners are uninsured or lack insurance that they need when there is a Florida motorcycle accident that results in personal injuries. Of course, a motorcycle can pursue a claim against the insurance policy of the at fault driver; however, it is typically better if the motorcyclist / biker has his or her insurance in place to cover some of the expenses and medical bills up front when there is a motorcycle accident.

Furthermore, many motorcycle accidents in Florida are hit and run type of accidents. A driver of a motor vehicle crashed into an innocent biker / motorcyclist and then flees the scene. In cases involving a hit and run driver, having the right kind and amount of motorcycle insurance in place is vital in order for the injured biker to get the medical care and compensation he or she deserves for the accident related injuries.

The statute of limitations is the prescribed time limit under Florida law in which a motorcyclist / biker needs to file a lawsuit enforce his or her rights. Generally, the statute of limitations is 4 years from the date of the motorcycle accident. If there is Uninsured Motorist motorcycle coverage in place, the statute of limitations could be as long as 5 years but only for the cause of action or case direction against the Uninsured Motorist / Underinsured Motorist motorcycle insurance company. If a death results from the motorcycle / automobile accident, the statute of limitations in Florida to bring an action for wrongful death is 2 years from the date of the accident.

While the statute of limitations in Florida does provide a fair amount of time to file a lawsuit, it is generally advisable to consult and work with a Florida personal injury / motorcycle injury attorney well before the running or near running of the statute of limitations. Florida laws pertaining to injured Florida bikers and motorcyclists are quite specific and unique. The laws are slightly different that for those injured while occupying an automobile or a truck. See Section 95.11 - Florida Statute of Limitations for time limits apply to accident cases, negligent cases, and other matters. See also Motorcycle Accidents in Florida.

Biketober fest is a festival, gathering, celebration, tradition, and many other things to bikers and motorcycle enthusiasts in Florida and the rest of the United States. It is estimated that the event / celebration brings in over 125,000 bikers to the Daytona Beach / Volusia County area every year. With the influx of bikers also come tourist dollars for hotels, motels, restaurants, and shops in and around the Daytona Beach area. Biketoberfest and all other times of year should be times in which drivers and others respect motorcyclists and bikers. Pay attention when a motorcycle / biker is on the roadway. Show some common roadway courtesies and also follow the law. Keep in mind that an accident with a motorcycle can lead to very serious personal injuries because the size and weight of a motorcycle is no match to even a small car. Watch out for motorcycles and driver safe. See Daytona Beach Florida Hosts Biketoberfest.

October in Volusia County including Daytona Beach, Deland, Port Orange and other cities brings an influx of bikers and motorcyclists. Unfortunately, at this time of year, during Biketoberfest there are reports of motorcycle / biker accidents, personal injuries, and tragic deaths. It was recently reported by the Daytona Beach News Journal that four bikers / motorcyclists lost their lives in two separate motorcycle / automobile accidents. See Four Bikers Killed in Two Separate Accidents in Volusia County, Florida.

There are many issues that arise when there is a motorcycle / automobile accident including the following:

Who received the traffic citation?
What police agencies / department arrived on the scene?
What traffic regulations apply to the facts regarding the accident?
Were there witnessed to the accident?
Who is going to pay for medical bills?
Who is going to pay for funeral expenses?
What are the rights of the bikers / motorcyclists? Injured persons?

Each motorcycle accident should be evaluated on its own facts and circumstances. While it is important to know if a citation was issued, the civil case for the injuries is not wholly dependent on who received the citation. Florida is a comparative fault state which means that in certain accidents - there can be an apportionment of fault or percentage of fault assigned among two or more drivers / bikers.

Florida has its own set of laws in place that deal with liability for dog bite related injuries and damages. The laws regarding dog bite injuries and damages vary from State to State. In addition, to dog bite laws, nuisance and dog leash laws vary from State to State as well. In Florida, nuisance and dog leash laws even vary from county to county. When dealing with a dog bite or dog nuisance matter, it is important to review the Florida Statutes on point as well as the local ordinances on point.

Chapter 767, Florida Statutes covers dog owner liability for damages caused by dogs. Pursuant to Section 767.01, Florida Statutes, "a dog owner’s liability for damages to persons, domestic animals, or livestock. (Furthermore), Owners of dogs shall be liable for any damage done by their dogs to a person or to any animal included in the definitions of “domestic animal” and “livestock” as provided by s. 585.01.

In Jacksonville Beach Florida and other beach towns and cities, there is generally a good bit of foot traffic or pedestrians walking on or near the roadways. Because of the presence and number of pedestrians, it is important for drivers to slow down in beach related areas whether the road is right near the beach or leading to restaurants and businesses serving the beach area. It is especially important to drive safe in residential areas on or near the beach. It was reported by the Jacksonville Times Union that a pedestrian was struck and killed in the Jacksonville Beach area. The pedestrian / automobile accident took place on Third Street and Third Avenue. Third Street is a busy roadway that spans the Jacksonville Beach area. The Jacksonville Beach Police Department responded to the scene. The driver did stop at the scene of the accident and cooperated with police. According to the initial reports, there were no charges or citations issued for this most unfortunate accident. See Pedestrian Hit in Jacksonville Beach, Florida.

Florida has traffic rules and regulations for drivers, pedestrians, bicyclists, and others in Chapter 316, Florida Statutes. You can read about common traffic rules and regulations at Florida Traffic Laws and Regulations - Frequently Asked Questions.

In Jacksonville Florida and other cities, it is important for drivers to pay attention to road conditions and traffic especially when there are emergency vehicles / Fire Rescue vehicles at the scene of an accident or responding to the scene of an accident. It was reported in Jacksonville, Florida (Mandarin Area) that a vehicle crashed into the back of a fire truck. The vehicle (a pick up truck) had three occupants all of which were transported to a hospital for evaluation and treatment of personal injuries suffered in this automobile accident. See Crash into Fire Truck Backs Up Track on Interstate I-295 in Jacksonville, Florida.

Florida has traffic rules and regulations set forth mostly in Chapter 316, Florida Statutes. See Florida Traffic Rules and Regulations.

In the State of Florida and off the coast lines of the State of Florida, people enjoy boating and diving. In most instances, boating is enjoyable and fills the day with sunshine and fun. Unfortunately, Florida has its share of boating tragedies, personal injuries, and, yes, deaths. It was reported that a man fell off of a yacht at Elliott Key, Florida and into the propellers. What a tragic and disturbing end to a life which just prior to the incident was spent with friends on a yacht. It was reported by the Florida Fish and Wildlife Conservation Commission that the man fell off of a 65 foot luxury yacht. The name of the yacht was oddly enough "Gotcha".

While other accidents are far more common that propeller accidents, this story should make all boaters take notice of the dangers of boating and the need for safety measures when a person is on or near a boat. The incident took place during a busy boating time of year in South Florida. See Man Dies from Boating / Propeller Accident in Elliott Key, Florida.

It can be quite dangerous for motorcyclists / bikers travelling the roads and highways of Florida. Jacksonville (Florida) Fire and Rescue reported that a motorcyclist was recently hospitalized with life threatening personal injuries. The motorcycle crash was reported on the Northside of Jacksonville on Yellow Bluff Road. Due to the severity of the personal injuries sustained by this biker, the Jacksonville Sheriff's Office Homicide Division will be investigating the cause and preventability of this motorcycle / automobile accident. See Motorcycle Accident Reported in Jacksonville, Florida.

Whether a person is operating a motorcycle, automobile, truck, bicycle or other vehicle, it is important that the rules of the road in Florida are followed. Traffic regulations in the State of Florida are primarily listed under Chapter 316, Florida Statutes. You can read more at Florida Traffic Rules, Regulations, and Statutes - Frequently Asked Questions.

A tragic hit and run accident was reported in Altamonte Springs Florida. The Florida Highway Patrol responded to the scene of this Central Florida automobile / pedestrian accident. It was reported that a 23 year old person suffered fatal personal injuries and 16 year old suffered personal injuries as a result of the automobile accident. There was an eyewitness who saw a vehicle flee the scene. The Florida Highway Patrol and local law enforcement will investigate this incident to determine the vehicle and driver involved. See Hit and Run Automobile / Pedestrian Accident Reported in Altamonte Springs, Florida.

It is a Florida law to stop and render aid when there is an automobile accident involving personal injuries. It is important for all drivers to proceed with caution and limit distracted driving. You can read more about Florida laws at - Florida Traffic Laws - Frequently Asked Questions.

The Northeast Florida AHEC - New Directions in Community Health - works to educate the public including families and children about the dangers and health risks of tobacco. Tobacco has been proven to cause serious health problems and literally kills thousands of people every year. Tobacco, whether in the form of cigarette, cigar, dip, tobacco patches, and even dissolvable tobacco tabs are all dangerous. Tobacco companies are quite adept at marketing, packaging, and advertising their products. Don't be fooled by a new package or delivery of the dangerous substance / product known as tobacco. Go to the website www.northfloridaahec.org

In Florida and other coastal States, driving trips are typically filled with adventure and fun. Some trips, however, end quite differently. It was recently reported that a Jacksonville man (Charles Newman) was found dead while diving from a boat in the Florida Keys (Big Pine Key). An autopsy will be performed to determine the cause and manner of the death of this man. Few details were offered in the initial news report of this incident. See Jacksonville Man Dies in Boating Accident.

When adults and children are diving or otherwise engaged in swimming activities, safety measures should be taken to prevent injuries from taking place. While there are risks inherent in most sporting and boating activities, safety precautions should always be followed.

In Pinellas County Florida and other locations, drivers, at times, are in a hurry to get from one place to another. Unfortunately, in an effort to make "good time" on a drive, accidents take place that result in personal injuries to innocent bystanders including those merely standing or waiting at a bus stop. In Pinellas County, Florida, it was repotted that a driver accelerated through an intersection, then jumped a curb, and then hit a bus bench where 5 people were waiting for a bus. See Five Suffer Personal Injuries When Driver Plows into Bus Stop Area.

Drivers should do their best to pay attention to road and traffic conditions and "slow down" any time that pedestrians are in or near roadways. Both adults and children at Florida bus stops have been hit and injured while waiting for a bus. Drivers, who slow down and limit driver distraction, can help prevent or at least reduce the number of pedestrian injuries that take place on or near Florida roadways.

In Florida and other States, the combination of college "fun" and alcohol can prove to be very dangerous and deadly. The University of Central Florida is dealing with the aftermath and ripple effect of the death of college freshman -Ann Hefferin. Moving forward, University of Central Florida and its administration must decide what alcohol policy to follow and what measures will be taken to enforce it. Of course, there is no such thing as a perfect world or perfect system in which no further injuries or deaths result from the use or misuse of alcohol with respect to college students. Nevertheless, the death of one college student is one too many. For more information on how the University of Central Florida is dealing with the aftermath of the death of Ann Hefferin - see UCF Considers Amnesty for Student Drinkers.

A forty-nine year old bicyclist was struck by a truck and killed on US-129 n Suwannee county, Florida. Jimmie Rollison was riding his bicycle south bound on US-129 early in the morning when he was hit by a truck that was also heading southbound. The driver of the pick- up truck, 38 year old Brad Scarbourgh reported that his vision was impaired due to the early morning light conditions. Fog and smoke may have also played a part in this accident, as well as not enough light on the bicyclist.

The truck struck the front of the bicycle. The impact of the accident sent Rollison, flying into a near by grassy shoulder of the road. Scarbough, the driver of the truck stopped as soon as he could.

Sun glare has been a cause of many bicycle accidents. Early morning sun can pose extremely dangerous driving conditions. Several experts report that avoiding light colored dashboards may help reduce sun glare. Light colored dashboards may become more reflective when exposed to the early morning glare. A good pair of polarized sun glasses are also helpful in the reduction of sun glare. For more information see, Fatal Accident- Death of Bicyclist in Suwannee County Florida.

In Orlando and other Florida cities, it can be quite dangerous to be a bicyclists. Whether a person is biking for fun, recreation, exercise, or transportation, there are many dangers and risks to biking on or near Florida roads. Drivers should exercise due caution anytime that there is a bicyclist on or near the roadway. Common sense dictates that a bicycle is no match for a vehicle. Even the slightest impact or crash into a bicycle rider can have dire or life threatening injuries for the cyclists.

It was reported in Orlando Florida that a bicyclist was hit by a driver. Rather than remain at the scene as required by Florida law, the driver involved in this hit and run accident fled the scene. See Orange County Bicyclist Hit and Run Accident Reported.

When driving in the State of Florida, it is helpful for each and every driver to know and understand Florida Traffic Laws and Regulations. See Florida Laws and Traffic Regulations: What Every Driver Should Know. By obeying speed limits and limiting driver distraction, many automobile / bicycle accidents in the State of Florida can be avoided.

In Volusia County, a tragic accident was reported involving a Good Samaritan - James Darnell Collier. New 4 Jax Reported that Mr. Collier, a 37 year old truck driver from Jacksonville, Florida, was killed while helping out with a crash scene on Interstate 4 in Volusia County, Florida. He had previously parked his semi truck off the side of the road and then proceeded to help out at the accident scene. While Mr. Collier was wearing bright reflective gear, he was still hit by another vehicle. Since a death resulted from this accident, local law enforcement and / or the Florida Highway Patrol will complete a death investigation as to the cause of the incident, actions on the part of the driver, actions on the part of Mr. Collier, and any other conditions or fact that may have caused or contributed to the most unfortunate death of this family man from Jacksonville (Duval County) Florida. For more information regarding this pedestrian / automobile accident, see Good Samaritan Hit by a Vehicle While Helping Out at a Volusia County Crash Scene.

In Baker County, Florida, an unfortunate and tragic pedestrian accident / automobile accident was reported. A Jacksonville, Florida man (Ronald Ray Carroll) walked onto Highway U.S. 90 in Baker County when he was hit by a semi truck. He was hit by a 1999 Freightliner Semi Truck. Since a death resulted from this accident, local law enforcement and / or the Florida Highway Patrol will conduct an investigation to determine the cause of the accident, relative fault of the pedestrian (if any), relative fault of the driver (if any), and the preventability of the accident. It is unfortunate the a pedestrian lost his life on one of Florida roads. See Baker County, Florida - Pedestrian Hit by Semi Truck.