Motorcycle Accidents

July 5, 2019

Two Killed in Florida Motorcycle Crash: Options for Surviving Family

A tragic motorcycle accident in Marion County, FL claimed the lives of two men and shut down traffic on northbound Interstate 75 for approximately five hours on Thursday, June 13, 2019. Orlando’s Spectrum News Channel 13 reported on the incident, which was still under investigation by the Florida Highway Patrol (FHP). According to police, the two men were riding side-by-side on separate Harley Davidson motorcycles in front of a semi truck. The pair attempted to slow down due to traffic conditions, but one rider lost control of his vehicle. As the motorcycle slid across the pavement, the other man also lost control. Upon landing in the center lane, both men were struck by the 18 wheeler that had been traveling behind them.

Under the circumstances, surviving family members may have options to recover compensation through a cause of action that is categorized as a wrongful death case. A Florida wrongful death attorney can explain in more detail, but an overview may be helpful.

How Wrongful Death Cases Work in Florida

August 20, 2018

Motorcycle Rider Struck by Vehicle, in Critical Condition

by Gerson & Schwartz, P.A.

On August 10, Russell James Wellington, 59, was struck by a vehicle when riding his motorcycle on U.S. 1. Wellington, a Key Largo resident, was flown to Ryder Trauma Center and in critical condition. He was struck by a Nissan Sentra driven by Ji Young Chung, 42, from Duluth, Georgia. Chung was driving north in the right lane, and Wellington was riding in the inside lane. He did not have on a helmet. Chung attempted to make a left turn onto East Drive. The front left of his vehicle struck the right side of Wellington and his bike. Chung claims he did not see Wellington, and he was cited for making an improper turn. The car that struck Wellington was cited for an improper turn, which is a common factor in motorcycle accidents. Vehicle drivers all too often do not see motorcycle riders, they are too focused on looking for other cars, trucks, and vans. They miss smaller riders who may be less visible in the early morning or at night.If you or a loved one were struck in a motorcycle accident, you should contact an experienced Miami motorcycle accident lawyer at Gerson & Schwartz P.A. at (877) 475-2905. If there is evidence that the other person was at fault, then you may have the right to pursue compensation. An attorney can represent you in seeking compensation through an insurance claim or personal injury lawsuit.

Common Causes of Motorcycle Accidents

Motorcycle accidents are often caused by:

October 31, 2017

Florida Court of Appeals Calls for New Trial in Motorcycle Accident Case

by Gerson & Schwartz, P.A.

A Florida district court of appeals recently rendered its decision on an appeal based on the trial court’s decision to exclude various pieces of evidence from consideration by the jury.

In the case, the plaintiffs alleged that the defendant revved the engine of his Chevrolet Camaro, thus signaling his alleged desire to race the plaintiffs. Plaintiffs alleged that after riding next to their two motorcycles and swerving into their lane twice, he hit the first motorcycle (which had one passenger), which then crashed into the second motorcycle and then drove away. The plaintiffs survived the accident, but suffered serious personal injuries which required medical treatment. Prior to the accident, the plaintiffs had stopped at a restaurant and then a bar, and were headed home when the accident occurred.

At trial, the defendant claimed that the motorcycles caused the accident to occur by one driver accidentally turning onto the other one. He claimed comparative negligence as a defense. Witness testimony as to what happened was similarly inconsistent.

June 27, 2017

Motorcycle Accidents in Miami

by Gerson & Schwartz, P.A.

Recent Miami Motorcycle Accidents

When you are injured in a motorcycle accident in the Miami area, you need an accident lawyer who has experience. The motorcycle accident lawyers at Gerson & Schwartz serve clients with serious and catastrophic injury and death cases. In many injury cases, people injured in motorcycle crashed sustain extremely serious injuries, some of which can even be life threatening. Here are some of the more serious motorcycle accidents that have occurred in recent years in and around Miami. At Gerson & Schwartz, PA our lawyers have over 4 decades of experience in handling motorcycle crash cases for the residents of the greater Miami area. Let us protect your right to compensation so you can focus on healing from your injuries.

Below are some of the more serious motorcycle accidents that have occurred in recent years in and around Miami:

July 20, 2015

Why You Should Hire a Miami Motorcycle Accident Injury Lawyer

by Gerson & Schwartz, P.A.

The Center for Urban Transportation Research (CUTR) and University of South Florida report that motorcycle accident injuries have increased by 50 percent and motorcycle fatalities have increased by almost 90 percent during the past decade. During the same period, traffic fatalities have reduced by 20 percent and traffic injuries have reduced by 10 percent. Why such a disparity? Well, the fact is that when a motorcyclist is involved in a serious accident, he or she usually takes the brunt of the damage and suffers potentially life-threatening injuries. A seriously injured motor bike rider should strongly consider hiring a Miami motorcycle accident injury lawyer to possibly pursue a claim on his or her behalf.

Studies conducted by the U.S. National Highway Traffic Safety Administration (NHTSA) showed that motorcycle riders have a have a higher fatality rate per unit of distance travelled as compared to four-wheeler automobiles, often as high as 35 times more than a passenger car. Yes, you read that correctly. If you or a loved one is operating a motorcycle, you are 35 times more likely to lose your life in an accident. This is mainly due to the fact that the operator of a motorcycle is largely exposed apart from his helmet-covered head, and naturally is at a much greater risk of severe injury upon collision with a larger vehicle, which is more than hundred times heavier than his own mass. Moreover, in maximum cases the car collides with the motorcycle in a head-on collision while taking a turn or cutting through an intersection, and results in immediate death.

If you or a loved one is the victim of a motorcycle crash caused by the carelessness of another driver, consider speaking to a Miami personal injury attorney with experience handling motorcycle accident cases.

June 13, 2014

National Highway Traffic Safety Administration Declares May Motorcycle Safety Awareness Month

by Gerson & Schwartz, P.A.

The National Highway Traffic Safety Administration has declared the month of May to be Motorcycle Safety Awareness Month, in an effort to encourage motorists to be mindful of motorcyclists while simultaneously encouraging motorcycle safety. Our Miami motorcycle accident attorneys wish everyone in the state to exercise safety when going out for a ride.

According to NHTSA statistics, in 2012, 4,927 motorcyclists were killed in traffic crashes, a continued increase from 4,630 in 2011. The 2011 deaths accounted for 15 percent of the total highway fatalities that year, despite motorcyclists representing only 3 percent of all vehicles on America’s roads.

As this blog has discussed before, motorcycle accidents are particularly dangerous due to the limited amount of protection they provide to riders compared to more traditional modes of transportation such as cars and trucks. Motorcycles are also far less visible in traffic than cars, resulting in an increased risk accident. One report concluded that the risk of a motorcyclists’ likelihood of being killed in a traffic accident is sixteen times that of the driver of an automobile.

November 1, 2013

Two Motorcyclists Suffer Serious Injury In Motor Vehicle Accident Near Venice, Florida

by Gerson & Schwartz, P.A.

According to a recent story published by the Herald Tribune last month, two people were seriously injured on October 9, 2013, in a motorcycle crash that required authorities to shut down the southbound lanes of U.S. Interstate 75 near mile marker 193 in Venice, Florida. The Florida Highway Patrol concluded that the crash occurred at approximately 6:00 pm when a 2012 Toyota Camry heading southbound in the center lane of I-75 failed to notice a 1994 Honda VXR motorcycle slowing in front of him and rear-ended the rider and his passenger.

The impact of the collision caused the motorcycle to become trapped under the car, which continued forward for another 400 feet. Both the motorcycle driver and passenger suffered critical injuries in the accident and were helicoptered to Blake Medical Center in Bradenton for treatment. The driver of the Camry was cited for careless driving, presumably under Section 316.1925 of the Florida Statutes which requires motorists to drive in a “careful and prudent manner…so as not to endanger the life, limb, or property of any person.”

As this blog has discussed before, motorcycle accidents are particularly dangerous due to the limited amount of protection they provide to riders compared to more traditional modes of transportation such as cars and trucks. Motorcycles are also far less visible in traffic than cars, resulting in an increased risk accident. One report concluded that the risk of a motorcyclists’ likelihood of being killed in a traffic accident is sixteen times that of the driver of an automobile.

October 7, 2013

Recommendations To Improve Motorcycle Safety

by Gerson & Schwartz, P.A.

In June, the National Highway Traffic Safety Administration (“NHTSA”) issued a report prioritizing recommendations contained in its National Agenda for Motorcycle Safety (“NAMS”). Developed in 2000 by the NHSTA in collaboration with the Motorcycle Safety Foundation (“MSF”) the NAMS is comprehensive plan to improve motorcycle safety across the United States and thereby decrease the incidence of motorcycle accidents.

The NAMS contains eighty two recommendations, addressing a range of topics and strategies related motorcycle safety, including, human, vehicle, environmental, and social factors to prevent crashes, reduce injuries in crashes, and care for people injured in crashes. The NAMS recommendations were prioritized in three groups: urgent (4), essential (56), and necessary (22).

Pursuant to a recommendation by the National Transportation Safety Board (“NTSB”), the NHTSA has prioritized the NAMS recommendations based on objective criteria. The recommendations were prioritized based on a complicated methodology designed to estimate each recommendation overall impact on safety outcomes.

September 13, 2013

Florida State Tight End Survives Serious Motorcycle Accident With Minor Injuries.

by Gerson & Schwartz, P.A.

According to a recent story published by Yahoo Sports, Florida State University tight end Nick O’Leary, grandson of legendary golfer Jack Nicklaus, was involved in a shocking motorcycle accident in May, fortunately walking away without any serious injuries.

The video posted along with the story shows O’Leary driving his motorcycle in Tallahassee, Fla., when another vehicle drivers directly into his path, impeding his right of way. O’Leary crashed his motorcycle into the side of the car, which shattered on impact and threw O’Leary to the ground where he slid almost a hundred feet down Mission Road. Incredibly, O’Leary walked away from the accident and was later taken to Tallahassee Memorial Hospital where he was treated for non life-threatening injuries.

According to statistics from the National Highway Traffic Safety Administration (“NHTSA”), one out of every ten fatal motor vehicle accidents in the United States involves a collision with a motorcycle. With its beautiful scenery and temperate weather, the state of Florida sees a large number of motorcyclists traveling on its roadways each year. Unfortunately, there has also been an accompanying increase in the number of motorcycle accidents.

September 6, 2013

Florida State Tight End Survives Serious Motorcycle Accident With Minor Injuries

by Gerson & Schwartz, P.A.

According to a recent story published by Yahoo Sports, Florida State University tight end Nick O’Leary, grandson of legendary golfer Jack Nicklaus, was involved in a shocking motorcycle accident in May, fortunately walking away without any serious injuries.

The video posted along with the story shows O’Leary driving his motorcycle in Tallahassee, Fla., when another vehicle drivers directly into his path, impeding his right of way. O’Leary crashed his motorcycle into the side of the car, which shattered on impact and threw O’Leary to the ground where he slid almost a hundred feet down Mission Road. Incredibly, O’Leary walked away from the accident and was later taken to Tallahassee Memorial Hospital where he was treated for nonlife-threatening injuries.

According to statistics from the National Highway Traffic Safety Administration (“NHTSA”), one out of every ten fatal motor vehicle accidents in the United States involves a collision with a motorcycle. With its beautiful scenery and temperate weather, the state of Florida sees a large number of motorcyclists traveling on its roadways each year. Unfortunately, there has also been an accompanying increase in the number of motorcycle accidents.