Lane Splitting is Illegal in The State of Florida

Motorcyclists who practice lane splitting or driving between two lanes of stopped or moving traffic are doing so in violation of Florida Law. Lane sharing on the other hand, where there are 2 motorcyclists sharing the same lane while cycling down the road are not in violation of Florida law.  Lane splitting is a dangerous activity that puts the motorcyclist and other drivers at risk. Many things can go wrong because of the distance shared between vehicles and the motorcyclist has limited control over their immediate situation and usually not enough time to anticipate the actions of other drivers. If an … Continue reading

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MOTORCYCLE ACCIDENTS OCCUR AT INTERSECTIONS

Everyone who rides a motorcycle knows, the real danger of being injured in a motorcycle accident, is just around every corner, literally. Statistics have shown that most motorcycle accidents occur at intersections, more than at any other place on our streets and highways. The fact is that motorcycle accidents can happen in a variety of places, but intersections are the most dangerous. Florida’s Motorcycle Safety Course-Basis Rider Training Program teaches bikers that they should use “extreme caution” when approaching and proceeding into an intersection, and for very good reasons. What Can Go Wrong at an Intersections Intersections pose a very … Continue reading

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FL Law Regarding Motorcycles & Motorcyclists

The State of Florida has some very stringent laws governing the use of motorcycles, for Florida registered cyclists or regarding motorcyclists traveling in and around the state. Cyclists are required to obey these laws enacted in accordance with Florida Statutes. Requirements that government motorcycles themselves as described but Florida Statutes are as follows: Motorcycle are defined under 322.01(26) has more than 50cc displacement, seat or saddle, not more than 3 wheels on the ground, excludes moped or tractor: License to operate a motorcycle require either a Motorcycle Only License, or Motorcycle Endorsement added to an existing driver’s license. Operators under 16 cannot operate a motorcycle over 150cc.  Fla 316.2085(6)(a) or ‐rent a motorcycle 316.2085(6)(b) Helmet requirements under Chapter 316: Persons under 21 years of age riding or operating a motorcycle must wear a Department of Transportation approved helmet fastened to head 316.211(1) No helmet requirement for person(s) riding within an enclosed cab or any person 16 years of age or older who is operating or riding upon a moped or motorcycle with 50cc or less displacement or is rated not in excess of 2 brake horsepower and which is not capable of propelling such moped or motorcycle at a speed greater than 30 mph on level ground.  316.211(3)(a) … Continue reading

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Common Reasons for Head-On Collisions

Florida is a Major Motorcycle Accident State Florida and especially Jacksonville and Northeast Florida has the best of both worlds, beautiful beaches and warm sunny weather. Florida tops the list as the 2nd most visited state in the union, second only to California. Additionally, Florida is also one of the fastest growing state in the country with over 1,000 people a day moving in according to census data. With all this growth and record numbers of tourists, it should be no surprise Florida’s motorcycle accident numbers rank amongst the highest in the nation. There were 344,170 traffic accidents in Florida in … Continue reading

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Truck Accidents and Their Causes

The overwhelming majority of trucking accidents that occur are the result of a mistake committed by the semi-truck driver. According to the National Transportation Safety Board (NTSB) 62% of all trucking accidents are the results of truck driver error. There are many issues that contribute to trucking accidents and the enormous consequences it has on victims and their families. Common Reasons for Truck Accidents There are a multitude of reasons in which an accident can occur, below are some of the more common. Deadlines for delivering goods from one destination to another. All semi-truck drivers have stringent deadlines. Delivering their … Continue reading

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What are the Elements of a Slip and Fall Case in the State of Florida?

In the State of Florida, property owners and / or management companies have  a duty to provide for the reasonable maintenance of the property and reasonable safety of visitors, patrons, and guests.   As a Jacksonville Personal Injury Attorney, I am often asked the following question: Is a store or  property owner liable for every injury that takes place on premises? The simple answer to this question is No.  Like other legal matters, the liability of a property owner for personal injuries that take place on premises will depend on the facts and circumstances of the incident.  Slip and Fall is a … Continue reading

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Why Do I Need to Use My Automobile Insurance if I Was Not At Fault?

Florida has No Fault laws in place for an automobile accident. This term is somewhat misleading.  No Fault refers to some of the insurance coverages and entitlements to compensation. “No Fault” does not mean that the negligent driver is immune from liability or financial responsibility. Key components of the Florida No-Fault laws: 1. PIP – Personal Injury Protection.  PIP pays for reasonable and necessary medical bills related to an automobile accident.  Under Florida law, every owner of a motor vehicle must carry PIP and Property Damage coverage.   When a person is injured in an automobile accident, medical bills get … Continue reading

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Is the At-Fault Driver Responsible for All of my Medical Bills Related to a Florida Automobile Accident?

In Florida, there are automobile accidents in virtually every community on a daily basis. Many of these accidents result in serious personal injuries to innocent victims. When a person is injured as a result of a Florida automobile accident, I am often asked as a Jacksonville automobile accident attorney whether the at fault driver is responsible for ALL of the medical bills. The simple answer to this question is “No”. Many find the answer to this question to be confusing. Then there is a second question asked as follows: Why should I, as an innocent victim of an automobile accident, be … Continue reading

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What Are the Legal Rights of Family Members in the Florida Wrongful Death Case of a Passenger in an Automobile Accident?

In Florida, automobile accidents and trucking accidents are reported and seen on a daily basis in virtually every community.  Tragically, some of these automobile accidents / trucking accidents result in the death of a driver and / or passenger.  When a passenger dies as a result of an automobile accident or trucking accident in Florida, a wrongful death case can be pursued if it can be established that the passenger died as a result of the negligence of one or more driver involved in the traffic accident.   As a passenger, there is rarely any fault to apportion to the … Continue reading

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Is a Seatbelt Required Under Florida Law?

Is a seatbelt required under Florida law?  Florida law requires a driver in front seat and passengers to wear an operational seatbelt that is available for use in a motor vehicle. The failure to wear an operational seat may serve as a defense to a claim for injuries pursued by the accident victim. The operative word is “may” because the fact you a seatbelt was not being worn does not always amount to a valid defense or argument to reduce the damages of an injury victim. In a the seatbelt defense case, the testimony of an expert witness would be … Continue reading

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