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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.