Earlier this week in Jacksonville, a teenager was killed while riding his motorcycle as he was heading into work. According to a report by a local news source, the accident occurred on Labor Day on Western Boulevard. The teen was riding down Western Boulevard when another driver who was leaving a fast-food restaurant made a turn in front of the teen, cutting him off. The teen had no time to avoid the vehicle and collided with the car. The teen was thrown from the motorcycle and was later pronounced dead by emergency responders at the scene of the accident. The driver of the car was cited by police for misdemeanor death by motor vehicle and unsafe movement causing serious bodily injury. Failure-to-Yield Motorcycle Accidents One of the most common types of motorcycle accidents is one in which a vehicle fails to yield the right-of-way to a motorcyclist. A motorist may fail to yield to a motorcyclist for several reasons: Distracted driving, such as talking on the phone or texting while driving; Intoxicated driving, such as driving under the influence of drugs or alcohol; Aggressive driving; Inexperienced driving, or driving where one is unfamiliar with the roads and signage; and Inattentive driving. Compounding the likelihood of an accident is the fact that motorcycles have a slimmer profile than other vehicles, making them more difficult to see. However, when determining liability in a motorcycle accident, it cannot be held against the motorcyclist that he or she chose to ride a motorcycle rather than drive a car or a truck. Establishing Liability in Motorcycle Accidents In Florida, motorcycle accident victims are entitled to bring a negligence suit against the person, or defendant, they believe are responsible for their injuries. In order to prevail in a negligence action, the accident victim, or plaintiff, must establish four main elements: The defendant owed some duty of care to the plaintiff; The defendant breached that duty of care; The defendant’s actions caused the plaintiff’s injuries; and The plaintiff suffered some kind of compensable damages. Establishing the elements of negligence can be difficult, and it is most often done through the submission of evidence and witness testimony. To learn more, contact a dedicated Florida personal injury attorney. Do You Need an Attorney? If you have recently been injured in a car or motorcycle accident in the State of Florida, you may be entitled to monetary compensation. A good first step is to speak with an attorney about your potential case. An attorney can provide you with an assessment of the strength of your potential case, and can even advise on how to proceed moving forward. The dedicated lawyers at the Dean Law Firm have years of experience litigating all types of Florida personal injury cases and would be happy to speak with you about your case. Call 352-387-8700 to schedule a free initial consultation. More Blog Posts: Tampa Bay Attorney Dies in Boating Accident, Ocala Injury Lawyers Blog, published August 20, 2014. Police Identify Hit-and-Run Driver Responsible for the Deaths of Three Single Mothers, Ocala Injury Lawyers Blog, published July 31, 2014.
