North Florida Injury Lawyer Blog

In Florida, motorcyclists / bikers are the unfortunate victims of motorcycle accident/automobile accidents. When a motorcyclist is injured due to negligence or fault of another driver, the personal injuries can be quite serious and in some accidents even fatal. A Florida motorcyclist has a right to operate his motorcycle on Florida roadways. Unfortunately, motorcyclists lose their lives every year due to driver distraction, speed of the other vehicles, violation of track traffic signals and devices, and other unsafe driving. When a motorcyclist loses his or her life in the State of Florida, the family of the motorcyclist have a right to bring what is called Florida Wrongful Death Case.

The Florida Wrongful Death Case is subject to Florida statutes and related laws. The following individuals may be over to collect damages for their pain, suffering, loss of services, and related damages.

Surviving Spouse. The surviving spouse of a deceased motorcyclist can stake a claim for his or her damages associated with the death of the motorcyclist. In considering the damages to the surviving spouse, a Judge or Jurywill consider the joint light expectancy. In other words, the court will consider the number of years that the motorcyclist and surviving spouse would have lived together if the accident never took place. For instance, let's assume that the motorcyclist at the time of his death was 40 years old. The surviving spouse was 30 years old. It was expected that the motorcyclist had a life expectancy of 35 more years. The life expectancy of the surviving spouse was 45 years old. Because the motorcyclist and the surviving spouse would have lived together had the accident not occurred for 35 years that would be the number of years used in order to determine the damages are lost or sustained by the surviving spouse.

Minor Children. The surviving minor children of the motorcyclists are defined as children under the age of 25 years old. Like a surviving spouse, the Judge or jury will consider the joint life expectancy of the motorcyclist and the minor children.

Adult Children. The surviving adult children are defined as children 25 years of age and older. If there is no surviving spouse of a deceased motorcyclist, then adult children can also be awarded damages for their pain and suffering.

Parents. If the motorcyclist was under the age of 25, then parents of the deceased motorcyclist can also pursue a claim for their pain suffering and related damages. Ff the deceased motorcyclist was over the age of 25 and was not survived by a surviving spouse or minor children, then the parents of the adult child who died in the motorcycle accident will have a claim for damages.

See Section 768.21, Florida Statutes - Florida Wrongful Death - Damages.

Florida's Wrongful Death Act and related laws can be quite confusing and complicated to the average person. Because of this, is important to contact a Florida Motorcycle Accident Attorney for advice, consultation, and representation regarding a Florida motorcycle accident. Wrongful death cases are typically handled on a contingency basis which means that the attorney will not collect attorney fees or costs unless there is a financial recovery for the family. In addition cases of this nature typically qualify for a free consultation. It is important that family members of the deceased Florida motorcyclist obtain legal advice and understand their respective rights when a family member dies as a result of the negligence or fault of another driver.

In Florida, pedestrians are the unfortunate victims of hit and run accidents. One such incident was reported in Suwannee County Florida. A pedestrian was struck by a motorcyclist on Highway 129 and then fled the scene. The pedestrian suffered personal injuries included a dislocated foot. Thereafter, the motorcyclist fled the scene. The Florida Highway Patrol responded to the scene of this pedestrian accident. See Motorcycle - Pedestrian Collide - Motorcyclist Leaves the Scene of the Florida Accident.

Florida law requires that a driver of any vehicle involved in an Florida accident that results in personal injury or death to stop at the accident scene. This legal duty is set forth in the Florida Statutes under Section 316.027. There are many other traffic rules and regulations in place in Florida. See Florida Traffic Rules, Regulations and Laws - Frequently Asked Questions.

In Florida, pedestrians are the unfortunate victims of hit and run accidents. One such incident was reported in Suwannee County Florida. A pedestrian was struck by a motorcyclist on Highway 129 and then fled the scene. The pedestrian suffered personal injuries included a dislocated foot. Thereafter, the motorcyclist fled the scene. The Florida Highway Patrol responded to the scene of this pedestrian accident. See Motorcycle - Pedestrian Collide - Motorcyclist Leaves the Scene of the Florida Accident.

Florida law requires that a driver of any vehicle involved in an Florida accident that results in personal injury or death to stop at the accident scene. This legal duty is set forth in the Florida Statutes under Section 316.027. There are many other traffic rules and regulations in place in Florida. See Florida Traffic Rules, Regulations and Laws - Frequently Asked Questions.

Are lost wages recoverable to a injured motorcyclist or biker in a Florida motorcycle accident? In Florida, motorcyclists and bikers are the unfortunate victims of motorcycle accidents on Florida highways and roads. Many such accidents or incidents result in serious personal injuries to the motorcyclist / biker to the extent that the injury victim is unable to work for a brief or extended period of time. Can the injured motorcyclist / biker collect or pursue a claim for lost wages when there is a Florida motorcycle accident? The simple answer to this question is yes.

The injured biker / motorcyclist can pursue a claim for lost wages in the State of Florida; however, the issue becomes complicated when addressing the method, source, and timing of payment. Many motorcyclists / bikers do not have motorcycle insurance that provides cover or payment for lost wages when there is a motorcycle accident. Furthermore, most injured motorcyclists / bikers do not have a disability from work insurance in place at the time of a motorcycle accident. In most motorcycle accidents in the State of Florida, the injured motorcyclist must turn to or file a claim with the at fault driver's automobile insurance for lost wages. In most instances, lost wages are not paid piecemeal by the automobile insurance company. In other words, the automobile insurance company for the at fault driver / at fault owner will not make periodic payments to the injured motorcyclist or biker for lost wages. Because of this, a motorcycle accident can put a financial strain on the injured motorcyclist for lost wages.

While an insurance claim can be pursued by the motorcyclist or biker for lost wages, typically payment for such lost wages are made on a one time basis by the insurance company. This is typically done when the treatment is concluded and or when the case is settled. It is important for the injured biker or motorcyclist to have documentation in place to show lost wages. This m may include the following documentation: prior pay stubs, prior tax returns, prior W-2 forms, letters from supervisors, letter of disability from the treating physician, and other documentation.

Florida has specific laws, statues, and regulations in place regarding automobile accidents, motorcycle accidents, automobile insurance, motorcycle insurance, and other issues. Because the laws and application of the laws can be complicated, it is often times helpful to have the advise, consultation, and representation from a Florida Motorcycle Lawyer. A Motorcycle Injury Case can be handled on a contingency basis. In other words, if there is no financial recovery, there will be no attorney fees charged for the legal representation.

In Florida, a motorcyclist / biker, who is injured in a motorcycle accident, will be entitled to seek damages for economic and non-economic losses.

What are Economic Damages in a Motorcycle Accident Case?
Economic damages include the following:
*Past Medical Bills;
*Future Medical Bills;
*Past Wage Loss:
*Future Wage Loss; and
*Loss of Future Earning Ability.

What are Non-Economic Damages in a Motorcycle Accident Case?
Non-economic damages include the following:
*Past Physical Pain and Suffering;
*Future Physical Pain and Suffering;
*Past Mental Pain and Suffering; and
*Future Mental Pain and Suffering.

With respect to Economic Damages,there are typical exact numbers that can be estimated. With respect to Non-Economic Damages, there are no exact measure of damages just estimates based on the severity of the injuries, and the expected life expectancy of the motorcycle accidernt victim. See also Florida Motorcycle Accidents.

In Florida, motorcyclists enjoy the roads and scenery throughout the State. On most rides, the motorcyclist and passenger arrive safely at their destination. Unfortunately, on some rides, the motorcyclist and passenger suffer serious personal injuries and, in some accidents, death. The Orlando Sentinel reported on one such Florida motorcycle accident in which a motorcyclist rear ended the back of a vehicle which, in turn, lead to the death of the biker and the passenger. See Two Motorcyclists Die in Rear End Collision With Vehicle in Seminole County.

When riding motorcycles or driving vehicles on the roads and highways in the State of Florida, it is important for everyone to obey the speed limits, observe road conditions and traffic, and otherwise drive with caution. You can read about Florida laws at Florida Traffic Laws and Regulations - Frequently Asked Questions.

Florida does not require that a helmet be worn by a motorcyclist / biker or an occupant of a motorcycle. Technically, a motorcycle owner is required to carry a certain amount of medical coverage to avoid a requirement to wear a helmet. This issue typically comes into play if there is a motorcycle accident and there is an attempt to apportion fault to the motorcyclist who is not wearing a helmet. The issue or argument does not apply if the motorcycle operator had medical insurance or some type of health coverage in place pursuant to Florida Statutes. This can be a complicated legal issue on a case. If there is a motorcycle accident with injuries, it is best that the injured motorcyclist / biker contact a Florida Motorcycle Injury Attorney to determine their Florida legal rights and the Florida legal responsibilities of the at fault driver. See Florida Motorcycle Accidents. See also Florida Motorcycle Accident Lawyer.

What does a bodily injury insurance cover and a Florida motorcycle accident? In Florida, motorcyclist and bikers are injured on border roads and highways. When a biker is injured as a result of the negligence of a another driver, the biker has right to compensation for his or her injuries suffered as a result of the Florida motorcycle accident. The injured motorcyclist in Florida can pursue a claim against the bodily injury insurance coverage of the at fault driver or at fault own. In Florida which is known as a no-fault state , drivers and owners of motor vehicles are required to have the minimal insurance on an automobile of property damage and PIP were personal injury protection coverage. All other coverages for a motor vehicle are optional. This includes bodily injury insurance coverage. Bodily injury insurance coverage under a motorcycle accident policy or a motor vehicle policy covers injuries better not otherwise compensated for by PIP coverage. In most motorcycle accident, the motorcycle list or biker will have outstanding medical expenses that are not covered by medical payment or health insurance. Bodily injury insurance coverage claims can be pursued for out-of-pocket medical expenses, lost wages, future medical bills, and pain and suffering both physical and mental of the injured motorcyclist. In Florida bodily injury insurance claims are usually paid out in one payment. In other words the insurance companies do not pay out bodily injury claims piecemeal or work payments over time. Because of this, many motor set many injured motorcyclist are put under a financial stray during the time that a bodily injury claim is pending. It is often helpful to have the consultation, advice, and representation of the Florida motorcycle accident to ensure that the injured motorcyclist rights are protected and pursued to the full extent allowed under Florida law. For more information on this topic see Florida motorcycle accident attorney.

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.

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.

Watch Out for Motorcycles! This is a bumper sticker seen on vehicles in North Florida and the rest of the State. Unfortunately, many automobile accident / motorcycle accidents lead to the death or serious personal injury of the motorcyclists. One such motorcycle accident was reported in Flagler County Florida on U.S. 1. The Florida Times Union reported that David Lloyd Rocky (age 67) was northbound on U.S. 1 when Julia Ann Tucker drove her Nissan XTerra from a stop sign to cross the highway and then proceed South. Mr. Rocky collided with the driver's side door of the Nissan XTerra. While Mr. Rocky was wearing a helmet, the force and trauma from the crash caused fatal injuries and Mr. Ricky was pronounced dead at the scene of this Florida motorcycle accident. See Flagler County Florida Motorcycle Accident Reported - Florida Highway Patrol Responds to the Accident Scene.

A lane change on Interstate 4 in Hillsborough County caused the death of a Port Orange, Florida, motorcyclist. 63-year-old Charles Lewis Lee was driving westbound in the center lane near the Interstate 75 exit ramp. According to the Florida Highway Patrol, Lee shifted his vehicle to the right to get to the exit. Lee reportedly changed lanes in front of a 70-year-old motorcyclist. The lane change caused the two vehicles to collide. Joseph Malette Glover of Haines City, Florida, was ejected from his motorcycle onto the road and struck the back of Lee's car. Glover was pronounced dead at the scene. Lee and his 21-year-old passenger Alex Caron Lee did not sustain any personal injuries. For more read Erratic lane change causes death of 70-year-old motorcyclist.

The death of this man is a tragedy for his family and community. All Florida drivers owe a duty of due and reasonable care when behind the wheel of an automobile. This includes but is not limited to obeying the posted speed limits, using defensive, not aggressive, driving and changing lanes only when no immediate hazards are present.

A High Springs, Florida, firefighter was killed in a motorcycle-motor vehicle crash on U.S. 441 while he was headed to his 24-hour shift. The man was identified as 35-year-old Chad Hood of Gainesville, Florida. Hood is survived by his wife and 4-year-old son, among others. According to reports, Hood was en route to his 24-hour shift when his 1999 Suzuki motorcycle collided with a Volkswagen minivan a little after 6:30 a.m. The reports also state the collision occurred after the minivan pulled out of a Fast Track convenience store parking lot on U.S. 441. The collision between the motorcycle and the minivan caused the bike to burst into flames. The driver of the minivan, who's name not released by authorities, was the only occupant inside the van. Hood was transported to Shands at the University of Florida where he was pronounced dead. He began working for the High Springs Fire Department in 2007. For more details please read High Springs, Florida, firefighter dies in crash on U.S. 441.

The death of this man is an absolute tragedy for his family and community. Florida drivers must always stay alert while at the wheel. When driving, Florida drivers must ensure nothing interferes with their ability to see the road, react to situations or operate the vehicle properly. For an extensive list and summaries of various Florida Traffic Laws please see the Wood, Atter & Wolf, P.A. website.

In Tampa, Florida, two people riding on a motorcycle were killed during a hit and run accident. According to the Florida Highway Patrol, the accident occurred at the intersection of U.S. 41 and Universal Drive in southern Hillsborough County.

62-year-old Thomas Steven Colson and 69-year-old Galilee Wells Howard were riding on a 2009 Big Dog motorcycle when an oncoming 1998 Buick Park Avenue turned in front of them. Investigators reported that the the driver of the car, 52-year-old Susanne Marie Myers Meyers, was traveling south on U.S. 41 and tried to turn left onto Universal, but crossed the motorcycle’s path. Both Colson and Howard were ejected from the motorcycle during the crash. Neither was wearing a helmet and both sadly died at the scene, according to the FHP (Florida Highway Patrol).

Myers was not injured. She left the scene and drove home to Metro Drive, about a mile from the scene, said the FHP. Authorities are still investigating the crash.

A hit and run, also known as leaving the scene of a crash is a serious criminal offense under Florida law. As such, it carries serious criminal punishments including: large fines, possible jail or prison time, revocation or suspension of your Florida driver’s license, and an increase in auto insurance premiums for years to come. Florida law addresses the criminal offense of leaving the scene of a crash differently under statutes depending on whether another occupied vehicle was involved, the extent of the property damage and whether any personal injury or serious bodily injury was caused.

When there is a death involved in a Florida Automobile / Motorcycle Accident, the Florida Highway Patrol and / or local law enforcement conduct a detailed investigation to determine the cause and preventability of the accident. In addition to the police investigation, a victim and / or driver involved in an automobile / motorcycle accident can also retain a private attorney, investigator, and engineer to conduct an independent investigation into the cause and preventability of the accident.

For more information on this topic, see 2 killed in hit-and-run motorcycle crash.

Good Samaritan James Michael Ledford, 34, was tragically killed as a result of a hit- and- run automobile / pedestrian accident. According to the Florida Highway Patrol (FHP), Ledford was riding in a pickup truck on State Road 415, south of Osteen when a motorcycle crossed the centerline and crashed into his vehicle. After the initial crash, Ledford quickly got out of his vehicle to check on the motorcyclist trapped under the truck, who later died. Ledford was then struck by a fast approaching vehicle that swerved to miss the truck but hit him instead. The driver of the vehicle did not stop, and left Ledford behind with severe injuries.

Ledford knew he was severely injured but managed to call his mother, Bernice Mims, and tell her that he had been run over. The man’s sister, Aleeca Ledford, said the call was gut- wrenching. Ledford sadly died at Central Florida Regional Hospital in Sanford. His father was also killed in a motorcycle accident years ago in Indiana.

The (FHP) said they have no information about the vehicle that hit Ledford. Sergeant Kim Montes of the FHP said that often pieces of a hit-and-run vehicle are found at the scene, but in this case there was nothing. This is likely because Ledford was low in the roadway when he was struck, according to Montes. She said that their best hope in solving the hit-and-run is for a passenger in the fleeing vehicle to come forward with information. For more on this topic, see who ran over, killed Sanford man helping dying biker?

Florida Statute 316.027 requires that the driver of any vehicle involved in a crash that results in injury or death of a person must immediately stop the vehicle at the scene or as close as possible. Any person who willfully violates this statute can be subject to a felony in the first degree for an accident resulting in death, and a felony in the third degree for an accident resulting in injuries.

Florida is a popular state for motorcyclists given the year-round sunshine and warm temperatures. Unfortunately, Florida also ranks as one of the deadliest states in regards to fatal motorcycle crashes each year.

In rural eastern Osceola County a motorcyclist died after riding into a trailer pulled by an RV. The 59-year-old deceased man was from DeLand, but his identity was not released because the next-of-kin had not been notified. According to the Florida Highway Patrol (FHP), the accident occurred on U.S. Highway 192, east of Hibiscus Road. The motorcycle fell over after it struck the rear of the trailer, and the driver was thrown onto the road, said the FHP. The reports said the motorcyclist was wearing a helmet. The RV occupants were not injured.

According to the National Highway Traffic Safety Administration statistics, 413 people died in motorcycle accidents in Florida in 2009. In addition, there were a total of 8,313 motorcycle accidents in Florida in 2009, with 7,435 resulting in injury, according to figures from the Center for Urban Transportation Research (CUTR). While any motorcyclist faces the risk of an accident, the CUTR statistics show that certain populations face more of a risk than others. Listed below are the top five risk groups according to the CUTR findings for 2009.

• Males ages 45-54: 1,465 victims out of 6,803
• Males ages 25-34: 1,338 victims out of 6,803
• Males ages 35-44: 1,242 victims out of 6,803
• Males ages 55-64: 900 victims out of 6,803
• Males ages 21-24: 771 victims out of 6,803

Regardless of what the numbers say, any rider can sustain serious injuries from a Florida motorcycle accident such as traumatic brain injury, spinal cord injury or even death. For more information, see motorcyclist strikes rear of trailer, dies on U.S. 192

After 16 years with the Osceola County Sheriff’s Office, Sergeant Mike Setvin’s career came to a tragic end after a pedestrian- motorcycle accident. The accident occurred on U.S. Highway 192 in St. Cloud, Florida. According to the Florida Highway Patrol, Setvin 44 was struck by a 2000 Harley Davidson motorcycle when he was walking across U.S. highway 192 from north to south near Simmons Road. He was not on duty.

Sergeant Setvin was pronounced dead at the scene. Sheriff Bob Hansell said in a prepared statement, “This is a tremendous loss to our agency and to the community. Sgt. Setvin was a dedicated law enforcement officer and will be greatly missed. Our heartfelt thoughts and prayers are with his family during this difficult time.”

The driver of the motorcycle, Michael Hoadley, 52, sustained minor injuries. The passenger, Mary Schneider, 45, sustained major injuries and was transported to St. Cloud Hospital for treatment. Neither of the riders wore a safety helmet.

According to preliminary data from the National Law Enforcement Officers Memorial Fund, traffic fatalities were the leading cause of officer fatalities for the 13th year in a row. There were 73 traffic-related fatalities in 2010: 50 officers died in automobile crashes; 16 officers were struck and killed by automobiles while outside of their vehicle; one died in a bicycle accident, and; six officers died in motorcycle crashes. Texas, Florida and California were in the top three states with fatalities.

For more informatin on this topic, see Off-duty Osceola sheriff's sergeant struck, killed by motorcycle.

In Polk County, Florida, a fatal motorcycle accident was reported on North Chestnut Road near Ivey Lane. According to the Florida Highway Patrol (FHP), the biker (Michael Mitts) was operating a 1992 Yamaha on North Chestnut when the motorcycle approached a Ford vehicle that was backing out of a drive way. Tragically, both the motorcycle operator (Michael Mitts) and his passenger (Laura Nalley) both of Lakeland, Florida died as a result of this motorcycle / automobile accident. Since deaths result from this Florida automobile / motorcycle accident, the Florida Highway Patrol will conduct a full investigation on this accident to determine the cause and preventability of this accident. For more information see Two Killed When Motorcycle Crashes in Polk County, Florida.

A motorcyclist, Henry F. McCain, 66, of Spring Hill, was killed while police were in pursuit of a fleeing driver. The incident started when Pasco County Deputy Ashley Grady pulled over Brittany Miles, 21, on U.S. 19 at Florestate Drive in Hudson for reckless driving. After Miles was handcuffed, she got back into her pickup truck and drove off. Grady attempted to stop Miles from leaving but was instead dragged through three lanes of traffic. Miles then proceeded to run a red light at County Line Road and U.S. 19 in Hernando County, and collided with McCain who was heading west through the intersection on his Suzuki motorcycle. He died at the scene. Deputy Grady suffered head injuries and abrasions but is expected to recover.

Miles was eventually caught by Pasco County Florida deputies and arrested. She was treated for minor injuries at Oak Hill Hospital, and later she was booked at the Hernando County Jail. Miles was recently arrested in Pasco on April 25, 2011 for possession of methamphetamine but was released on $5,000 bail. Records also show that Miles has received seven driving citations over the past four years. She has paid a total of $649 in fines and has had her license suspended twice for failure to pay fines on time. For more information on this topic, see Motorcyclist dead, depty hurt after driver flees traffic stop.

A motorcyclist from Prescott, Arizona, was tragically killed during the Spring 2011 tour of Bike Florida, the organization's first fatality it ins 18-year history. 65-year-old Robert Paul King was hit by a 1999 Ford pickup truck on Newberry Road in Newberry, Florida. The driver of the pickup was identified as 23-year-old Brian Patrick Bunting. Bunting was traveling eastbound on Newberry Road when he drifted onto the should and into King's motorcycle. According to Lt. Patrick Riordan of the Florida Highway Patrol, Blunting told troopers his cellphone had fallen into the floor of the truck and he was reaching down to retrieve it when he hit King. Charges could be filed after the investigation is complete. Rachel Weissler, Bike Florida ride director, said King was riding alone at the time of the accident instead of with a group. Bike Florida is an organization that puts on cycling tours to raise money for bicycling and traffic safety education. King's death is the organization's first fatality or serious injury in its history, said Weissler. For more read Arizona motorcyclist killed during Bike Florida tour.

Although the number of motorcycle deaths has dropped two-percent in the first nine months of last year, transportation officials are not necessarily without worry. In fact, some officials feel the number of deaths is starting to rise again. A report released by the Governors Highway Safety Association revealed there were 80 fewer motorcycle deaths from January through September 2010. However, the number of fatalities during the last 3 months of 2010 began to climb. Safety advocates are worried this trend will also occur in 2010. Overall, motorcycle fatalities are more than doubled since the 1990s, peaking at 2008 in 5,312 deaths. With the economic downfall in 2009, motorcycle fatalities decreased 16%. However, what actually caused the plunge in deaths is up for debate. Another concern for safety advocates are the types of helmets motorcyclists are wearing, if they are wearing helmets at all. The number of motorcyclists wearing federally-approved, impact-absorbing helmets has dropped 13% in the first three-quarters of 2010. Simultaneously, the number of motorcyclists wearing "novelty" helmets rose 9%. "Novelty" helmets are lightweight and provide little protection. Some advocates say the novelty helmets are worn by motorcyclists so they can avoid being ticketed for not wearing a helmet. The helmet laws are a related concern. Less than half the states (20 states to be exact), have mandatory helmet laws and only 13 states specify the helmets be federally-approved. For more information on this topic read Recent motorcycle fatalities and trends.

In Holly Hill (Volusia County), Florida, drivers will now be monitored by red light cameras which are now operational. While running a red light is never a good idea from a safety standpoint for drivers, passengers, and others, now a driver running a red light in certain areas of Holly Hill will receive a citation with or without the presence of law enforcement to witness the traffic violation. Some believe that red light cameras are unfair and unsupported by Florida law. Others welcome the technology if it means keeping the streets safer for motorists, motorcycle riders / bikers, bicyclists, pedestrians, and yes, children as well. For more information on this topic, see Holly Hill Switches on Red-Light Cameras. Better and safer driving can certainly reduce the incidents and accidents that lead to serious personal injuries and deaths on or near Florida roadways.

Six people were hospitalized after a motorcycle ran head-on into a sedan in Orange County, Florida. The collision occurred a little before 9 p.m. at the intersection of Apopka Vineland Road and Silver Star Road. Both the driver and passenger on the motorcycle were transported to Orlando Regional Healthcare Center. Two adults and two children in the sedan were sent to other nearby hospitals, according to the accident report. An infant was also a passenger inside the car. Luckily the infant, who was seated in a car sear, escaped without injury. Neither the names of the victims nor the cause of the collision have been released. For more read 6 sent to hospital after head-on collision between motorcycle and sedan.

When there is a Florida accident involving a motorcycle, there are often times serious personal injuries due to the different in size and weight between the typical motorcycle and the typical passenger and / or commercial vehicle on Florida highways and roads.
Also, motorcycles do not provide the same amount of protection as automobiles, thereby exposing drivers and riders on bicycles to serious personal injuries.

While Easter brings with it Church, Easter Egg Hunts, and Easter Dinner, in 2011, it also brought to Jacksonville, Florida the unfortunately and untimely death of Kenneth Ruiter. it was reported by the Jacksonville Sheriff's Office that Mr. Ruiter lost control of the motorcycle and then the front wheel locked up. As a result, Mr. Ruiter was thrown off of the motorcycle. The motorcycle accident took place at Aquatic Drive and Atlantic Boulevard in a shopping center parking lot. Kenneth Ruiter was a well liked man who some described as an amicable big guy. See Easter Morning Motorcycle Crash Kills Atlantic Beach Man.

It is sad that a person so young lost his life while riding a motorcycle. A full investigation will be completed by the Jacksonville Sheriff's Office and / or the Florida Highway Patrol since the accident involved a death.

Even a simple accident while riding a motorcycle can lead to serious personal injuries and even death. In some cases, a helmet can make a difference as to the severity of injuries. In other accidents, the benefit of a helmet may be limited due to the type of impact and trauma caused by the crash.

In Jacksonville, Florida, a mother of three and a pre-med student (Yvonne Roberts) died in a motorcycle accident that took place last week. Yvonne was riding the motorcycle on Lem Turner Road in the area near Trout River Boulevard on the Northside of town in Jacksonville, Florida. According to the Jacksonville Sheriff's Office, another driver (Latoysha Blankenship) turned her vehicle off Bayview Avenue and caused Yvonne Roberts to crash into the side of the vehicle. Yvonne Roberts suffered serious personal injuries as a result of this automobile / motorcycle accident. In particular, Yvonne Roberts suffered fractures to the pelvis, face, neck, and back. She also suffered a serious brain injury. Subsequent tests revealed that there was no signs of brain activity. The life of this 28 year old woman with such a bright future ended as a result of these injuries. The death of Yvonne Roberts is a loss for her family, church, and the community. The driver of the other vehicle unfortunately and in violation of Florida law fled the scene and was later arrested. The other driver will be entitled to representation by a Florida criminal defense attorney or the Public Defender's office.

Motorcycles are common in North Florida and the rest of the State. Drivers should pay close attention and keep in mind the catchphrase "Watch Out for Motorcycles." See
Motorcyclist In Hit-And-Run Crash Dies - 28-Year-Old Mother Of 3 Critically Injured In Crash Last Week.

A couple from Cocoa, Florida, was tragically killed after their motorcycle collided with a pickup truck in Osceola County. The crash occurred just before 5 p.m. on U.S. Highway 192 and Nova Avenue. The accident victims were identified as 55-year-old James Hudson and his wife Mary Hudson, 56. The driver of the pickup truck was identified as 22-year-old Ashley Williams of Pahokee. The Florida Highway Patrol reported that the truck was traveling northbound on Nova Avenue and stopped at a stop sign on U.S. 192, the motorcycle was eastbound on U.S. 192 when the collision occurred. For more read Cocoa, Florida, couple tragically killed after motorcycle collides with pickup truck.

It was reported by the Florida Highway Patrol that the truck driver attempted a left hand turn onto U.S. 192 and drove into the path of the motorcycle.

The death of this couple is a tragedy for their family and community. Motorcyclists like the Hudsons are unfortunate victims of automobile / motorcycle accidents in Florida. It is important that drivers obey road signs, speed limits, and, yes, the right of way of vehicles (including motorcycles) on the roadway. There are bumper stickers in Florida that state, "Watch Out for Motorcycles". This is a simple yet very important messages. When drivers violate of the right of way of a motorcycle rider or otherwise drive in a negligent manner, the motorcycle rider and passenger are at risk for severe personal injuries and death. Safe, attentive driving can avoid or prevent many accidents that take place that cause serious personal injuries to motorcycle riders and passengers.

Salvatore Joseph Cruz, 21, of Mims, Florida, died after he crashed his motorcycle into a concrete wall around 2 a.m. Titusville police said Cruz was driving his 1998 Honda motorcycle on Harrison Street when the crash occurred. Cruz was transported to Parrish Medical Center, where he was pronounced dead. Witnesses told traffic homicide investigators that Cruz may have been speeding moments before the crash. For more read 21-year-old motorcyclist dies after bike crashes into concrete wall in Titusville, Florida. Speeding and driver distraction are major problems on Florida roadways. Although it is impossible to avoid all accidents, many Florida motorcycle accidents would be avoided with increased driver attentiveness, less speeding, and all around safer driving. Also, motorcycle drivers are at a higher risk of sustaining serious personal injuries or death due to the major difference in size, weight, and height from other vehicles on the road.

On Florida roadways, there are a wide variety of motor vehicles. Some are quite large like semi trailers and oversized trucks and some are small like compact vehicles and motorcycles. Because of the disparity of the size, height, and weight of motor vehicles o Florida roads, there are dangers to occupants of smaller vehicles when there is an automobile accident. While the motto of all men are created equal is one to follow and abide by . . . it does not quite have the same effect when there is a Florida automobile accident. In Tampa, Florida, it was reported that a woman who was the occupant of a PT Cruiser died when her vehicle was rear ended by a Dodge Ram truck. Mai Amer D. Alahmadi (age 27) was the unfortunate and tragic victim of this Florida automobile accident. See Tampa Woman Dies in Accident on Interstate 4.

While it would be impossible and impractical to make all vehicles the same size and weight, the disparity in the size, weight, and height of vehicles in many accidents makes the injuries or impact much greater and, yes, deadly.

In Florida, residents and visitors enjoy using Florida roadways to ride motorcycles. Due to the year round use of the roads and number of motorcycles on the road, Florida, unfortunately, has its fair share of motorcycle accidents that lead to serious personal injuries and deaths. In Ormond Beach, Florida, the Ormond Beach Police Department reported that a 63 year old man from Weeki Wachee (Rene Jean Brunet, Jr.) dies when he was ejected from his motorcycle as a result of a crash with a garbage truck. While Mr. Brunet was wearing a helmet, this was not enough to protect him from the fatal injuries from this motorcycle / garbage truck accident. See Biker Loses Life in Motorcycle / Garbage Truck Accident.

All drivers of vehicles and operators of motorcycles should do their best to drive at a safe speed and slow down for traffic and other vehicles. Speeding and driver distraction are major problems on Florida roadways. While it would be impractical to believe that all accidents can be avoided, many accidents can be avoided with safer driving and better attention to the road, traffic, other vehicles, motorcycles, bicycles, and pedestrians.

A motorcyclist and his passenger were hospitalized as a result of the personal injuries each sustained after the motorcycle ran the rear of car in Northwest Jacksonville, Florida. The driver of the motorcycle collided with the vehicle after the car turned in front of motorcycle at the intersection of New Kings Road and Moncrief-Dinsmore Road. The operator of the motorcycle sustained life-threatening personal injuries, his female passenger sustained non-life-threatening personal injuries and no one in the car was injured. Traffic homicide detective James Gregory said the driver of the motorcycle and his passenger were not believed to be wearing helmets. No tickets or traffic citations were issued in the crash. For more read 2 hospitalized after motorcycle-car crash in Northwest Jacksonville, Florida. In Jacksonville, Florida, the roadways are incredibly busy with drivers and motorcyclists. Florida drivers need to stay attentive and keep their focus on the road.

A two-motorcycle accident occurring in Seminole County, Florida, has left two victims dead. The two victims were killed after the motorcycles crashed into each other while attempting to avoid striking a trailer filled with yard waste. 48-year-old Larry Arnold was driving a 1999 Ford truck, hauling a trailer behind him, on State Road 46 when the two motorcycles approached him from behind. Investigators of the crash said the motorcycles collided with each other as they attempted to avoid hitting the trailer. One of the motorcycles apparently hit the side of the trailer as well, however troopers have yet to determine which one. After colliding with one another, both bikes flipped onto the shoulder. 46-year-old Teresa Madden of Oviedo, a passenger on one of the motorcycles, was pronounced dead at the scene. Kevin Winne, 48, of Winter Springs, was also killed in the accident. Winne was transported to Central Florida Regional were he died as a result of his personal injuries. Madden's driver, 49-year-old Gregory Wheeler, was also transported to Central Florida Regional where he is listed in serious condition. According to the Florida Highway Patrol, neither motorcycle riders wore a helmet. The crash is still under investigation. For more read Two-motorcycle crash in Seminole County kills 2.

The deaths of these two victims are tragedies for their families and communities. Although Florida law does not require adults to wear helmets while riding motorcycles, helmets can reduce the severity of personal injuries and death.

A fatal motorcycle accident occurred in Charlotte County, Florida at Bermont Road near the Glades County line. The driver of a pickup truck was traveling eastbound on County Road 74 and into oncoming traffic, which caused two motorcyclists, who were traveling west bound on CR-74, to slam on their breaks in order to avoid a collision. The evasive action caused both motorcyclists to be ejected from their bikes. The driver of the pickup also took evasive action by traveling into the north shoulder. Charlotte County Sheriff's deputies confirmed the death of one of the motorcyclists, a 63-year-old Florida man. The other motorcyclists was reported in fair condition at Lee Memorial Hospital. The Florida Highway Patrol is currently conducting an investigation. For more details see Fatal motorcycle accident in Charlotte County, Florida kills 63-year-old man.

Due to the heavy amount of traffic on Florida roadways, Florida drivers need to be extra cautious. Drivers need to refrain from distracted driving behaviors, which include but are not limited to: eating or drinking, texting or talking on a cell phone, excessively talking to other passengers inside the vehicle and grooming. These behaviors take a driver's attention and focus off the roadway and can be fatal.

A motorcyclist was hospitalized in critical condition in Jacksonville, Florida, after a car pulled out from a side street causing the motorcyclist to fall into a slide. The motorcyclist, who is in his early forties, was traveling southbound on Jammes Road just before 5 p.m. when a vehicle began to pull out from Bartholf Avenue. The vehicle was able to stop before it was struck, but the motorcyclist leaned and put the motorcycle into a slide to avoid the collision. It was reported that the motorcyclist was not wearing a helmet and was transported to Shands Jacksonville after sustaining personal injuries. No traffic citations were reportedly issued by law enforcement officials. For more see Jacksonville, Florida, motorcyclist hospitalized in critical condition after sliding on bike, man not wearing helmet.

Although Florida law does not require those over 18-years-old to wear a helmet if there is adequate medical insurance / motorcycle medical coverage in place for the motorcyclist under Florida law, helmets can save lives or dramatically reduce the severity of personal injuries. The Brian Injury Association of America reported that helmets are 37% effective at preventing deaths in motorcycles accidents and 67% effective at preventing brain injuries. The agency also estimated a total of 1,829 lives were saved by helmets since 2009 and an additional 823 lives would have been saved had the cyclists been wearing helmets. If the motorcyclist failed to wear a helmet and DID NOT have medical coverage in place to meet the exception, the use or non-use of a helmet is relevant only if it can be proved that the wearing of the helmet would have in all probability prevented or lessened the injuries caused by the collision. For instance, if a person suffered a fractured leg as a result of the motorcycle accident, the wearing or non-wearing of a helmet would not have made a difference. Furthermore, not all head or brain injuries can be avoided by the use of a helmet. Each case must be evaluated on its own facts and circumstances. There are many technical considerations to evaluate in these cases both legally and medically. Because of this, it is important to get advice, counsel, and representation from a Florida Motorcycle Personal Injury Lawyer for issues including liability, Florida Helmet Laws, health insurance, motorcycle insurance, medical bills, and compensation.

Two motorcyclists sustained serious personal injuries after a biker allegedly ran a red light and was struck by a pickup truck in Sarasota, Florida. Ramon Perkins and Judith Carr, both residents of Rhode Island, were riding on their motorcycle when, according to witnesses, Perkins drove through a solid red light. Frank Prather, driver of the pickup, collided with the motorcycle as he was turning south onto Honore Avenue. Reports indicate Prather had a green arrow light. Carr, 43, was taken to Doctors Hospital and Perkins, 41, was transported to the Sarasota Memorial Hospital. Prather did not sustain any personal injuries. The Florida Highway Patrol reported that alcohol was not a factor in the collision. For more see Two motorcyclists hospitalized after ran red light and struck by pickup truck in Sarasota, Florida.

Not only do Florida drivers need to pay attention while on the road but tourists need to pay extra attention to their surroundings. Visitors of the state of Florida are unfamiliar with the traffic patterns and local roadways. That unfamiliarity is a significant reason visitors to the area need to driver with caution.

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The above video shows how truck accidents can happen without warning. Fortunately, there were no reported personal injuries from this trucking accident. The problems with semi tractor trailers and other commercial vehicles is the sheer size of these vehicles compared to most passenger vehicles out there. Can you imagine what would have resulted if the truck in this video crashed into a motorcycle, Smart car, or other compact vehicle? While not all accidents are preventable, we can call do our share to keep the roads safe by obeying speed limits, avoiding driving distractions, and being courteous on the roadways.

Continue reading "Truck Accident Captured on Video - Dangers of Semi Tractors on Highways" »

Two motorcyclists deaths in two days have occurred in the Southwest Florida region. 42-year-old Dennis J. Bedard of Bonita Springs, Florida, was killed after his motorcycle collided with a Chevrolet Suburban also in Bonita Springs. Bedard, who was reported to not have worn a helmet, was taken to a nearby hospital where he later died. The driver of the Suburban did not sustain any personal injuries. According to the Lee County Sheriff's office, the fatal motorcycle accident is still under investigation. The second fatal motorcycle accident involved a 41-year-old Naples motorcyclist. The collision occurred when the motorcycle crossed over the solid, yellow center lines and into oncoming traffic, striking a pickup. The cyclist was driving a 2007 Harley-Davidson and struck into a Ford F-350 pickup truck. The driver of the pickup truck was identified as Crescencio Lopez, 43, of Naples, Florida. After the Ford pickup was initially struck by the motorcycle, Lopez lost control of the truck and drove it across traffic into the woods. Lopez was not personally injured in the crash. If you would like to read more on these collisions please see Two fatal motorcycle collision in two days in Southwest Florida.

The deaths of these men are tragedies for their families and communities. Unfortunately, fatal motorcycle collisions occur too frequently in Florida. Under Florida Law, motorcyclists are not required to wear helmets. Helmets, however, have been scientifically proven to reduce the severity of personal injuries to the head and brain as well as proven to save lives. Although it is not required by law, motorcyclists should wear helmets - it may potentially save a life.

Due to the amount of tragic and potentially deadly injuries Americans have recently sustained while riding bicycles or motorcycles, the National Transpotation Safety Board (NTSB) has issued its own "Most Wanted List." The NTSB's list does not concern criminals, but instead the list was a press release calling for mandatory motorcycle helmets as one of the nation's most needed transportation safety improvement. In 1966 the Highway Safety Act mandated use of helmets for motorcycle riders, which 47 states followed. However, a mere 3 years after the Act the mandatory helmet laws were repealed. Afterwards, motocycle deaths increased dramatically. The repeal of mandatory helmets laws was a sad course of action for our nation. Today, only 20 states have mandatory helmet laws.

Scientific data and studies reveal that helmets decrease the risk of death by 39%. A 1992 study suggested that the chance of brain injury in those riders not wearing a helmet was 66%, compared to 38% of those riders who did wear a helmet. The most deadly or severest forms of personal brain injuries occur most frequently in men between the ages of 15 and 24-years-old. In a study by the University of Southern California, which supported the notion that the worst injuries occur within this age group, two-thirds of motorcycle accidents were caused by rider error such as over-breaking, running wide onurve or excess speeding.

In 2008, 653 child bicycle deaths were reported - of those deaths, only 8% of the children were wearing helmets. Bicycle helmets reduce risk of serious traumatic brain injuries by 95%. However, only 35% of bicycle riders wear helmets. If you would like to read more on this topic please see Helmets saves lives for adult and child cyclists.

Motorcycle accidents often result in life-threatening injuries. In Jacksonville, a 58-year-old woman, riding her motorcycle, suffered severe injuries due to a collision with a car that was turning into a gas station in the St. Nicolas area. The motorcyclist was taken to Shands Jacksonville with injuries that may be fatal. It was reported that this motorcycle accident is under investigation by the traffic homicide division. There are no reports as to whether the motorcycle rider was wearing a helmet.

Florida motorcycle helmet law, Florida Statute 316.211(3)(b), does not require anyone over the age of 21, such as the motorcyclist involved in this accident, to wear a helmet if the motorcyclist has $10,000.00 in insurance coverage for medical benefits. Since the motorcyclist involved in the Jacksonville accident is 58-years-old, she would not be required, under Florida law, to wear a helmet.

While safety precautions are necessary for motorcyclists, it is also important that drivers of other motor vehicles be aware of their surroundings. Often motorcycle accidents occur because the driver of a car does not look for smaller vehicles. Using proper driving precautions, such as checking blind spots, using rearview and side-view mirrors before changing lanes, keeping a safe distance between your vehicle and the one in front of you, regardless of the size, can be helpful in preventing such accidents.

Robert Stuck, a 56-year-old motorcyclist, was fatally struck by a driver in Volusia County, Florida, after the driver ran through a stop sign. Linda Charles, 66, of Eustis, Florida, was identified as the other driver involved in the collision. Stuck was transported to Halifax Medical Center in Daytona Beach, where he lated died. According to the Florida Highway Patrol, Charles was charged with driving through a stop sign. If you would like to read more on this story please see Motorcyclist fatally hit by driver who ran through stop sign.

This man's death is a tragedy for his family and community. Florida roadways can be extremely dangerous. Therefore, drivers need to stay alert and be attentive to their surroundings at all times. Drivers should refrain from activities that will take their attention away from the road. This includes activities such as talking or texting on a cell phone, eating, reading and talking to other passengers while driving. Drivers who are aware of their surroundings are better able to prevent collisions with other drivers and motorcyclists on Florida roadways.

In the State of Florida, government employees are not immune from liability when a negligence or careless act causes personal injuries or death to another person. This general statement of the law is applicable to police officers as well. In Jacksonville, Florida. Virgil Clair Miller, a 69 year old motorcyclist, was the unfortunate and tragic victim of a motorcycle / automobile accident that took place on Normandy Boulevard. A police officer with the Jacksonville Sheriff's Office was driving an unmarked car and was pulling out of a parking lot (Wal Mart) to turn left. According to the story posted in the Florida Times Union, the police officer did not see the motorcyclist prior to impact. Another general maxim of the law is that a driver attempting a left hand turn must yield to traffic unless the driver is turning left on a green arrow. It appears from the brief fact presented that Virgil Clair Miller had the right of way and the police officer was negligent or careless in his or her driving. Since there was a death, a homicide investigation will be conducted. Since the accident involved a JSO officer, the Florida Highway Patrol (FHP) will probably lead the investigation. You can read more about this story at Motorcyclist Dies Following Collision with Police Vehicle in Jacksonville, Florida.

A Brooksville, Florida motorcyclist is pronounced dead after sustaining fatal personal injuries from a two-car collision that occurred along County Road 476. Robert M. Reihsmann, 56, was driving his 1998 Harley Davidson which collided with a 1984 Ford F-250 pickup truck while the truck was pulling into a gas station parking lot. The driver of the pickup was identified as David J. Hicks, 20, of Bushnell, Florida. Bushnell was driving along the same road as Reihsmann and was making a left turn into a Circle K foodstore when Reihsmann's Harley rammed into the pickup's front end. Reihsmann was ejected from his motorcycle. He was transported to Tampa General Hospital where he was pronounced dead about 90 minutes after the initial collision occurred. If you would like to read more on this incident please see Motorcyclist dead after collision with pickup truck in Hernando County, Florida.

The article did not state whether the driver of the pickup was charged or whether or not Reihsmann was wearing a helmet. To read an article are the benefits of wearing a helmet please read Motorcycle Accidents Prompt Lawmakers in Iowa to Propose Helmet Laws for Adults and Children. Drivers need to stay attentive and keep their focus on the road, as well as be courtesy to other drivers or motorcyclists on the road. Obeying the speed limit, not driving aggressively or making aggressive lane changes, using turn signals and keeping distractions down to a minimum are just some ways drivers can make roadways safer for themselves and others.

John E. Medeiros, 58, of Ocala, Florida, faces his second DUI manslaughter charge in two years after the car he was driving fatally struck a motorcyclist. The man riding the motorcycle was identified as Dwayne E. Bradley, 39, of Hawthorne, Florida. Bradley was driving a red 2007 Honda motorcycle as the time of the accident. According to authorities, Medeiros was attempting to turn left onto Northeast 77th Street when the 2000 Cadillac Deville he was driving collided with the motorcycle. The impact of the collision threw Bradley, who was wearing a helmet onto the roadway. Troopers reported that Medeiros continued driving after the collision but eventually turned around and returned to the scene.

Bradley was flown to Shands at the University of Florida in Gainesville, where he was declared dead. The Cadillac that Medeiros was driving belonged to his father. Medeiros' sister, Sheila Medeiros-Sexton, stated that her father did not know that his son had taken the vehicle. Medeiros' sister also stated her brother had been released early from a drug/alcohol rehabilitation center. Medeiros' jail records reveal that he has had a colorful past. His first arrest was back in May 1996 when he was arrested for DUI. On October 1, 2003, he was arrested for driving while license was suspended or revoked. Then, on May 1, 2008, he was arrested for driving while his license was suspended of revoked, DUI manslaughter and possession of marijuana.

For his most recent incident, Medeiros has been charged with driving with a canceled license, DUI manslaughter and violation of probation on a felony charge of driving with a suspended or revoked license. After the collision he was transported to Marion County Jail. If you would like to read more on this story please see Ocala man charged with his second DUI manslaughter, fatally kills motorcyclist.

The death of Dwayne E. Bradley is a tragedy for his family and community. Medeiros should have never been behind the wheel not only because he was intoxicated but also because his license was revoked. Drivers have a duty to drive safely and be courteous to others on the road. Seriously neglecting those duties when you get behind the wheel can be deadly.

A Sunday afternoon drive resulted in a fatal accident on Blanding Boulevard in Jacksonville Florida. A 30 year-old motorcyclist, Shawn Nolan, suffered fatal injuries when he crashed his 2008 Honda motorcycle as a result of a 2007 pulling in front of him.

Blanding Boulevard traffic was stopped for over 3 hours as the police investigated the accident scene. The driver of the motorcycle was not wearing a helmet at the time of the accident. The accident did not cause any injuries to the driver of the Saturn.

Florida motorcycle helmet laws do not require a motorcyclist to wear a helmet, if the motorcyclist is over the age of 21. Here, the driver of the Honda motorcycle was over the required age, so there was no legal requirement for him to wear a helmet. However, if the driver of the Saturn, Summer Stevens, is found liable for the accident, then she could be responsible for the wrongful death of Nolan.

In Florida, the statute of limitations for a negligence claims is four years. However, a wrongful death claim must be pursued within 2 years. Due to the fatal circumstance, a claim for wrongful death is often led by the estate and/or family of the victim.

In Florida and Other States, motorcycle accidents are reported on a daily basis. While the sport, hobby, and transportation by motorcycle can be quite fun and liberating, it also carries with it dangers and risks of serious personal injury and, even, death. The Jacksonville Times Union newspaper reported that two people suffered personal injuries that were life threatening in nature. The accident involved a motorcycle with a rider and passenger. The motorcycle crashed into a residential yard in the Westside area of Jacksonville (Duval County). In particular, the motorcycle crossed through a parking lot, a street, hit a mailbox, and landed in a yard. Both the operator and passenger of the were transported to Shands Jacksonville Hospital with serious personal injuries. You can read more about this motorcycle accident at Two People Suffer Life Threatening Personal Injuries in Jacksonville Florida Motorcycle Accident.

This accident is just one of many that take place on and off of Florida roads and highways that involve motorcycles. The reason that motorcycle injuries can result in such serious injuries is that the only thing that stands between the rider and concrete is usually a helmet. While a helmet is a good safety measure, it cannot and does not protect a rider or occupant from all injuries and can only prevent or reduce head injuries in some motorcycle accidents but certainly not all accidents.

Kenneth Ray McKee, a 25-year-old man from West Virginia, was killed after he was thrown from his motorcycle and then run over in Jacksonville, Florida. The collision occurred at the intersection of Northbound Main Street and the Southbound entrance ramp to Florida 9A. It was reported that Anthony Ball, 20, turned into McKee's path causing McKee's motorcycle to fall on its right side and slide into the front, right side tire of Ball's car. McKee was then thrown from his motorcycle. After being thrown from his motorcycle, McKee was run over by Teresa E. Denmark, 47, of Jacksonville, Florida. A witness of the incident followed Denmark to her residence where Denmark was later brought back to the scene by an officer with the Jacksonville Sheriff's Office. McKee was transported to Shands Jacksonville where he was pronounced dead; he was wearing a helmet. The report also indicated a fourth driver, 33-year-old Kimberly G. Munday of Yulee, Florida who, according to the Florida Highway Patrol, hit her brakes but still struck the motorcycle after Denmark ran over McKee.

The report did not indicate whether or not any charges had been filed. If you would like to read more on this incident please see Motorcyclist dies after being thrown and ran over in Jacksonville, Florida.

This man's death is a tragedy for his family and community. Florida roadways can be extremely dangerous. Therefore, it is important for all drivers to be attentive and keep their focus on the road and their surroundings.

Robert J. Carrier, a 59-year-old man of Trenton, Florida was killed after his motorcycle collided with a pickup truck that had made a U-turn in front of Carrier's motorcycle. The driver of the pickup was identified as Jackie R. Barron, 60, also of Trenton, Florida.

According a news report posted in the Gainesville Sun, Barron made a U-turn in front of Carrier. Carrier tried to avoid the pickup by steering right, but Carrier was too close and the left front of his motorcycle struck the right front on the pickup. The collision caused Carrier to be thrown from his motorcycle and into a ditch. He was taken to Shands at the University of Florida where he later died.

Barron was not injured. Charges are pending the outcome on the investigation. Of course, if any citations are issued to the truck driver, he will be entitled to contest the citation in Court pro se or through the representation of a Florida traffic ticket attorney. If you would like to read more on this story please see Trenton motorcyclist killed after colliding with a pickup while pickup was making a U-turn.

The death of this man is a tragedy for his family and community. Because Florida has great weather year-round, many people enjoy riding or driving motorcycles. Therefore, drivers on Florida roadways need to take extra precautions, especially around motorcyclists and bicyclists. Drivers should avoid cutting others off, turning abruptly and speeding. By being attentive and taking extra precautions while driving, many Florida automobile accidents can be avoided.

Two motorcyclists were hospitalized after they collided with a tractor trailer on Krome Avenue in Miami Dade, Florida. The two men, both in their 50s, were transported by air to Jackson Memorial Hospital. Officials say both men sustained serious personal injuries.

Florida Highway Patrol is investigating the motorcycle accident. Apparently, according to the FHP, one of the motorcyclists, who was driving southbound on Krome Avenue, crashed head-on with a northbound tractor trailer. The driver of the trailer tried to stop, forcing the trailer to jack-knife and hit the other motorcyclist. If you would like to read more on this story please see Two men sustain serious personal injuries and were hospitalized after colliding with a tractor trailer.

Hopefully, both men have a full recovery. Florida roads, streets and highways are dangerous. People are traveling at high speeds and are not always the most attentive - drivers now face many more distractions because of cell phones. Drivers of automobiles and motorcycles need to stay attentive to their surroundings while driving. Also, although it is not a Florida Law to wear a helmet while driving or riding a motorcycle, helmets decrease the likelihood of death and serious personal injury by a dramatic percentage. The report did not say whether or not these men were wearing helmets.

William Krabacherr, a 59-year-old Melbourne, Florida motorcyclist, died from personal injuries he sustained after he was hit by a Dodge SUV in Mims, Florida. The driver of the SUV has been identified as 26-year-old Natasha Elkins of Satellite Beach, Florida. According to Kim Montes, a spokeswoman for the Florida Highway Patrol, Elkins allegedly made an improper left turn leading her into Krabacherr's path. The FHP reported that Krabacherr was not wearing a helmet, but Elkins was wearing her safety belt. The crash remains under investigation and charges are pending. If you would like to read more on this story see Melbourne, Florida motorcyclist died from personal injuries after being struck by an SUV.

This man's death is a tragedy for his family and his community. Drivers on Florida state roads should exercise the utmost caution when driving. Automobile accidents can inflict serious person injuries and sometimes cause death. Drivers should always pay attention to their surroundings, keep distractions to a minimum (e.g., by not talking or texting on the cell phont), look both ways to ensure you are not turning into oncoming traffic, etc. If drivers exhibit these behaviors while driving Florida's state roads will become safer for children, pedestrians and motorcyclists.

The Florida Highway Patrol reported the death of a Melbourne motorcyclist after his motorcycle was hit by a sports utility vehicle (SUV) in Mims, Florida. The victim was identified as 59-year-old William Krabacherr. According to FHP (Florida Highway Patrol) spokeswoman Kim Montes, Krabacherr was traveling east of S.R. 46 on his Harley-Davidson motorcycle when he was hit by a Dodge SUV. The driver of the SUV was identified as 26-year-old Natasha Elkins of Satellite Beach. Montes said that Elkins made an improper left turn leading her into Krabacherr's path.

Krabacherr was taken to Parrish Medical Center in Titusville, Florida. He was pronounced dead at 12:56 p.m., almost 45 minutes after the collision occurred. The motorcyclist was not wearing a helmet, reported the FHP and Elkins, who was not injured, was wearing a seat belt. The crash remains under investigation and charges are pending. If you would like to read more about this story please see Motorcyclist dies after improper left turn.

The death of this man is a tragedy for his family and his community. Typically, a person making a left hand turn must yield to oncoming traffic. It is important to obey the traffic laws of your city and make roads a safer place for both children and adults. On Mims and other city roadways, drivers should exercise the utmost caution when driving. This especially applies to drivers when driving around children, pedestrians, bicyclists and motorcyclists.

The Florida Highway Patrol confirmed the death of a motorcyclist in Tampa after the motorcycle collided with a pickup truck. The motorcyclist was identified as a 43-year-old man, Mark Graves and the driver of the pickup truck was identified as George Gunter, a 74-year-old man of Tampa, Florida.

According to the Florida Highway Patrol, Gunter, driver of the pickup, made a left turn, but failed to yield to the right of way to Graves. Although Graves hit the breaks, he still crashed into the side of Gunter's pickup. Graves died at the scene, Gunter was uninjured.

The case remains under investigation and charges are pending, said the Florida Highway Patrol. If you would like to read more about this story see Man fails to yield, kills motorcyclist.

The loss of this man's life is a tragedy for his family and his community. Although accidents are inevitable to occur on Florida's roads, we, as drivers, can reduce the risk of having a collision by practicing simple driving safety precautions: Pay attention to road signs and your surrounding area and environment. If you are driving in poor weather conditions, take extra caution and yield to other drivers. The safer you drive, the safer you make Florida's highways.

In Florida, motorcycle helmet laws differ from Florida's seat belt laws. Florida Statute 316.211(1) states 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." However, the same statute, Florida Statute 326.211(3)(b) states that at an individual over 21 years of age can ride a motorcycle, without a helmet, if she or he is insured for $10,000 in medical benefits.
On August 7, 2010, a Jacksonville man was driving a 2007 Kawasaki motorcycle with passenger, Joseph L. Hardy, 27 years old, in Brevard County, Florida. The driver was operating the motorcycle through a right hand curve when he moved to the inside lane and upon making the curve he hit the guardrail several time, which caused the ejectment of the passenger from the motorcycle.
Sadly, the passenger suffered fatal injuries. The driver of the motorcycle was wearing a helmet and survived the accident. The passenger was 27 years of age, thus fell outside the requirement to wear a safety helmet under Florida Statute 316.211 if the passenger had an insurance policy with $10,000 in medical benefits in place. If you have been injured as a result of a motorcycle accident, which you did not cause, it is a good idea to seek legal advice from a Florida Motorcycle Accident Attorney regarding your legal rights to compensation for your motorcycle related personal injuries.

Written by: Lenorae C. Atter, Attorney

A totaled car on a Florida interstate is, sadly, a common sight on our roadways. Typically, you merely see the aftermath of a Florida automobile accident. It is quite a different story and experience when you are the one who is the victim of a Florida automobile accident. After the crash, what do you do? Who do you call? How do you deal with the other driver? the police officer? fire rescue?

What are the right actions to take when facing your own car accident? In today's world of cell phones, most likely your crash was reported when it occurred. Today's driver is more likely to report an accident when it is witnessed. It is important for you to make certain that you are okay. Take a moment before exiting the vehicle to compose yourself so that you can fully understand what is going on around you. Once exiting the vehicle, if you have your cell phone, then definitely call 911 and let them know you were in an accident and where you are located. Also, if you have any concerns about you or the other driver or passenger being injured, let the 911 operator know so they can get the right responders to the accident scene.

If you can get to your insurance card and registration have that ready for the police when they arrive. They will need this to properly document the driver exchange information. If the car is not accessible do not attempt to get these items. It can be much more dangerous to reenter a crashed vehicle due to glass and parts being in places you may not expect.

Through Florida no-fault insurance, which you are required to have, you have up to $10,000 in medical bills coverage, depending on whether you have a deductible. Your car insurance will pay 80% of your medical bills regardless of fault.

Be prepared to wake up the next day feeling worse than you did before you went to sleep. Often injuries do not show up for a few days after an accident. This is due to a number of things including adrenaline, but do not hesitate to seek medical treatment. The sooner you can treat your injuries the better success you will have it getting better in the long term.

Insurance companies often times will contact you the day of the accident or the day after the accident. Before you discuss your automobile accident with any insurance company including your own, seek advice and consultation from a Florida personal injury lawyer. Insurance adjusters are highly trained individuals who typically have handled thousands of claims before handling your claim. As such, it makes sense for you to have information and advice from your own advocate - a Florida personal injury lawyer - to make sure that your rights are protected and enforced pursuant to Florida law.

To assist you with the processing and insurance payment of medical bills, wage loss and other economic damages, consult with an attorney before accepting any money from the at-fault driver's insurance company. A Florida personal injury attorney can review and advise you of your elgal rights and explain the Florida claims process.

By Lenorae Atter, Attorney

1. Breathe and make certain you are okay. Sometimes we do not realize that injuries have occurred due to shock.

2. Contact the police and let the officer know if an ambulance or fire rescue is needed.

Have the following items ready:

1. Your drivers license.

2. Your insurance card.

3. Your registration. Typically you receive an updated one in the month of your birthday, so put that in a place it is easily accessible in your car.

4. Once the police ask you what happened be certain to a take breaths when explaining. Often, when an accident occurs the adrenaline is running high and the speed of talking can increase. Try to remain calm so that the officer can understand what occurred.

While you are waiting for the police officer to generate a report, it is a good idea to use your camera phone to take pictures of the scene. You want these for use when you file your insurance claim for property damage, but also if you or the other driver/passenger is injured in the accident. Photographs can help formulate your side of the incident if they are taken of the position of the cars and the damage done to the vehicles.

Once you have the police report and have gotten the information as to where the car will be located (get a business card of the tow truck driver).

Before providing a statement to an insurance company, it is advisable to contact a Florida personal injury attorney for advice and representation (if necessary) regarding your rights and Florida law. Insurance adjusters are trained individuals who represent the interest of the insurance company. The insurance adjuster works for the insurance company not you. The insurance adjuster's loyalty is to the insurance company not you. When dealing with an insurance company, having an attorney at your side and on your side is very helpful and can help protect your legal rights.

If you start treating for injuries related to your accident and the other party calls you and offers to "settle your claim for injuries." Do NOT accept their offer. Typically the offer given by the insurance company for immediate injuries is pennies on the dollar for your actual injuries. You have not had time to find out how long you will need treatment, the cost of the treatment needed or the severity of your injuries.
If you are injured from the accident, again be certain you know what your PIP (no-fault) coverage is. Do you have a deductible? If so, what is the amount of the deductible? Make certain your doctor is provided your car insurance information including the claim number, address and name of the company. Your car insurance should be billed before your health insurance. Your PIP coverage will pay 80% of the bill. If you have Medpay, then you have the 80% coverage and Medpay will pay the remaining 20%.
If you need further assistance or need to seek the advice of counsel, please do so. Also, do your research about the law firm.

A Jacksonville, Florida man died after his motorcycle overturned and threw him into the pathway of an oncoming van. The motorcycle accident happened on Interstate 295 at Blanding Boulevard; the 25-year-old victim, Ronald Cline, was wearing a helmet and was pronounced dead at the scene.

Motorcycle accidents are much more likely to result in catastrophic injuries or death. In fact, over 80 percent of motorcycle accidents result in death or serious injury. In Florida, over 550 people are killed every year in motorcycle accidents, which is almost 20 percent of all motor vehicle deaths in the state.

As with any traffic accident, if you are involved in a motorcycle crash you should notify police, seek medical attention, get contact information for everyone involved including witnesses, record your recollection of everything that happened as soon as possible and consult with a Florida personal injury attorney.

If you have been the victim of a Florida motorcycle accident, you should also hold off on any repairs to your motorcycle until you have spoken with an attorney. You should also keep a careful record of all expenses related to the accident as well as time off work.

Read about motorcycle safety at Roadway Safety for Motorcycles.

The family of Florida motorcycle accident victim Jose Antonio Pagan has more questions than answers about his death and the Florida Highway Patrol is still searching for those answers.

Pagan died as a result of a motorcycle accident in St. Petersburg. The Florida Highway Patrol discovered what they thought was an abandoned motorcycle, but got a call 13 hours later saying a body had been found below Interstate 375.

Pagan’s family says they do not understand why FHP did not discover the body earlier. FHP says they searched the area at the time the motorcycle accident was called in, to no avail. Officers on the scene did a search, but finally concluded that the motorcycle had been abandoned since there were no skid marks to indicate an accident.

FHP received a call the following afternoon about a body below the interstate. When they arrived, they identified Pagan by information in his wallet and made the connection. Apparently, there was a small space where someone could have fallen off the Interstate to the street below. Officers now believe that Pagan was thrown off his motorcycle, which skidded another 700 feet from the space he had fallen through.

When Pagan’s family was notified of his death, they say they were not told of the 13-hour delay the FHP experienced before finding him. His time of death was noted as the time of discovery; the medical examiner so far has said he died within hours of discovery, but autopsy results are still pending.

The FHP investigation is ongoing at this time.

When an automobile accident occurs in Florida, finding out who is at fault is not always as easy as you might think. There are some instances when a person or company could be sued for negligence in an auto accident even if the person or high ranking company official was not driving or even in the car at the time of the accident.

Here are the most common scenarios when you might be found at fault:

Someone Else Drives With Permission of Vehicle Owner – In Florida, a car owner is responsible for damages caused by accidents involving the negligent operation of their vehicle by anyone who has the owner’s permission to drive the car.

Children – if a child is at fault for an automobile accident, both the teen driver and the owner are equally responsible under Florida’s “dangerous instrumentality rule”.

An Unfit Driver – If a car is entrusted to an unfit driver and his or her negligence causes a Florida automobile accident, both will be liable for injuries and damage. This can include a driver who is intoxicated, unlicensed or under age, inexperienced, reckless or elderly. This is known as “negligent entrustment”.

Your Employee – If an employee is driving a company car and is involved in an accident because of negligence while working, the owner can be held liable.

If you need more information on negligence associated with a Florida auto accident, contact our Jacksonville personal injury attorneys for advice and consultation.

Each state imposes a statute of limitations on filing personal injury lawsuits and Florida is certainly one of them. What is a statute of limitations? It simply means the period of time in which a person must start legal proceedings.

Here are the Florida statutes of limitation:

Personal Injury – legal proceedings must be initiated within four (4) years from the date of injury.

Medical Malpractice – legal actions against medical professionals must be filed within two (2) years – either of the date of the act that resulted in the injury, or within two years from the date the injury was (or should have been) discovered. However, if a plaintiff is able to prove the presence of concealment, fraud or misrepresentation regarding the injury, the limitation period is extended for another two (2) years.

Professional Malpractice – legal actions against professionals (accountants, attorneys, etc.) must be filed within two (2) years of the date the injurious act was (or should have been) discovered.

Product Liability – actions must be filed within four (4) years from the date of injury.

Wrongful Death – action must be filed within two (2) years of the date of death.

Fraud – must be filed within four (4) years.

Defamation – charges of libel, slander or defamation must be filed within two (2) years from the date of the action.

If you or a member of your family have been injured and suffered any physical or emotional loss, contact our Jacksonville personal injury law firm.

Understanding how damages are awarded in Florida personal injury cases can provide insight into what your personal injury case may be worth. These are the most common types of damages awarded in Florida personal injury cases:

Compensatory Damages – these are meant to compensate an accident victim for any loss incurred because of an accident or injury. The primary types of compensatory damages include:

• Medical – the cost of medical care incurred because of the accident, both current and future, including expenses associated with a permanent disability or disfigurement.
• Property – reimbursement for repairs or fair market value of any property lost or damaged because of the accident.
• Income – lost wages as well as any future earnings impacted by the accident.
• Pain and Suffering – compensation for any pain or serious discomfort caused by the accident, including any ongoing pain or discomfort.
• Loss of Enjoyment – if you can no longer enjoy something you used to do because of the accident – for example, if you were a marathoner and could no longer run, you may be entitled to compensation for loss of enjoyment of life.
• Emotional Distress – compensation for the psychological impact of an accident or injury.
• Family Relationship Interference – if your accident or injury interfered in any family relationships, either with your spouse or children.

Punitive Damages – when a defendant’s conduct is found to be especially careless or egregious, a plaintiff may be awarded punitive (punishing) damages. Florida has a cap on punitive damages of $500,000 or three times the amount of compensatory damages, unless the case involves child or elder abuse. If the defendant caused the injury because they were motivated by financial gain, punitive damages can be raised to $2 million or four times compensatory damages. In all punitive damage awards, 35 percent of the total goes to the state.

If you or a member of your family have been in an accident and suffered any physical or emotional loss, contact our Jacksonville personal injury law firm.