Gainesville, Ocala & Daytona Beach Personal Injury Lawyer - Motorcycle Accidents

Bike Week 2009 wrapping up.

Jeffrey Meldon — Sun, 08 Mar 2009 10:54:47 GMT

Daytona Beach Bike Week 2009 is wrapping up the festivities today and regrettably there have been 7 reported deaths this past 10 days. Fortunately this number is down considerably from 2006 when there were 26 reported deaths. Perhaps the cold dry weather earlier in the week and the sunny weather the past few days helped provide some measure of safety to the motorcyclists riding and partying in Daytona Beach this bike week.

Some of the deaths could possibly have been avoided if the riders were wearing helmets but most would have occurred regardless of this safety measure. Most bikers realize that it is the other car or truck driver who is either drinking, talking on their cell phone or even texting that is responsible for most of the accidents involving motorcycles. During a bike festival where 250,000 bikes converge in one town it is likely that the number of accidents, injuries and death will increase. However credit should be given to the Daytona Beach/Volusia County law enforcement agencies for planning ahead to slow down traffic and make pedestrian crosswalks in congested areas such as the Iron Horse Saloon and Destination Daytona to reduce the risk to bikers and pedestrians alike.

Unfortunately one couple on foot was mowed down on U.S. 1 by a careless driver while they were trying to get across the street to their pickup truck parked near Smiley’s Tap and the Broken Spoke in Ormond Beach. On Saturday a pickup truck reared ended a motorcycle in Daytona Beach ejecting and killing a passenger on the bike. Alcohol may have been a factor in the case and the driver of the pickup tuck is under investigation.

Some bikers insist that loud pipes help save more lives than any other single safety measure motorcyclists can take. While some people object to the noise there is no doubt that loud pipes do indeed let car and truck drivers know they are around. Interestingly the American Motorcycle Association is concerned that the controversy over loud pipes will damage the political movement for greater biker rights. They want to make sure that bikers can have the right to choose whether to wear helmets and don’t want to put stumbling blocks in the way of legislation to create more options for bikers.

As far as I could see, the great majority of the motorcyclists in town for Bike Week 2009 acted responsibly and from all appearances had a fabulous time in the motorcycle capital of the world. Let’s hope that Bike Week 2010 is even safer than this year.

Originally posted at InjuryBoard by Jeffrey Meldon

A Warning to the Motorcyclists: Hazardous Conditions on the Roads

Jeffrey Meldon — Tue, 03 Mar 2009 13:10:33 GMT

As the biggest Bike Week in the country is occurring in Daytona Beach this week, I wanted to give another word of caution to the bikers in and around Volusia County especially in light of the 7 fatalities that have occurred since the beginning of the event. While motorcycle accidents are sometimes caused by the negligence or recklessness of the other vehicle driver or the motorcyclists, many times it is hazardous conditions on the roads and highways that are to blame. When a motorcycle accident is caused by a sinkhole, pothole, unmarked curves, debris left by the road construction workers or failure to mark areas of road construction on a public road or a highway, in many circumstances you might be able to recover from a government entity, such as city, county or state, responsible for maintaining the roadways, or the private company doing the construction work.

What should you do if you have been injured in a motorcycle accident due to a dangerous road condition? It is critical to retain an experienced motorcycle attorney ASAP in a case involving a hazardous condition on a road. There are certain rules regarding bringing a suit against a governmental entity, including special notices that must be filed before bringing a lawsuit and the deadlines to file a notice and bring a suit. These rules may vary from city to city or county to county. Speaking with a competent, aggressive and experieced attorney in a timely manner is imperative in order to bring a claim against a public entity and to recover for damages and injuries.

If you or your loved ones are the victims of the accident involving a dangerous condition on the road, please contact our office immediately. We are a team of experienced accident attorneys who know how to deal with such claims and who will to our best to insure that you are fully compensated for your injuries.

Have a great and safe Bike Week!

For more information on motorcycle accidents and ways you can protect yourself, please see:

http://ocala.injuryboard.com/motorcycle-accidents/heads-up-to-everyone-on-the-roads-in-and-around-daytona-beach.aspx?googleid=257474

http://ocala.injuryboard.com/motorcycle-accidents/motorcycle-riders-need-to-protect-themselves-now-more-than-ever.aspx?googleid=256864

Originally posted at InjuryBoard by Jeffrey Meldon

Are loud pipes protecting motorcycle riders?

Jeffrey Meldon — Sat, 28 Feb 2009 12:35:28 GMT

According to many riders in Daytona Beach for Bike Week, this week, they wouldn’t be caught dead on the road without their loud, modified, unbaffled straight pipes. They feel that it provides an added layer of protection against their “enemy” the car and truck driver who doesn’t see them and crashes into them causing death or serious injury. “If they don’t see us at least they will hear us”. Many riders believe they would have been killed or seriously injured had it not been for those loud pipes according to interviews conducted by the Daytona Beach News-Journal.

There is only one problem: it is against the law. Not only that, but most people dislike the sound of loud pipes roaring inside their brain. The maximum sound level by Florida law for a motorcycle traveling at 35mph at a distance of 50ft. is 78 decibels. By comparison, a blender generates 90 decibels from a distance of 3 feet. The ear piercing sound of a Harley with modified straight pipes can far exceed the lawful decibel level.

During bike week most bikers get a free pass on noise ordinance violations but more and more neighborhoods are banding together to reduce unwanted sounds. In fact, the American Motorcycle Association (AMA) regards excessive sound from the exhaust as the single greatest threat to motorcycling. Regardless of how “safe” loud pipes are for the rider the AMA has to protect the interests of the majority of law abiding motorcyclists around the country.

My advice, as a motorcycle accident attorney for 37 years, if you really want to protect yourself while riding, wear the recommended safety equipment (helmet, eye protection, leathers, proper footwear) and carry lots of insurance on your motorcycle policy. In Florida car and truck drivers have no requirement to carry mandatory bodily injury insurance so if you are in a crash caused by someone else you will probably have to pay all the bills yourself. And you will recover nothing for your lost wages and pain and suffering. The only way to fully protect yourself is to buy lots of motorcycle insurance with at least 50k in medical payments coverage and 100k in uninsured motorists coverage. This is minimal coverage and higher limits should be considered particularly for uninsured motorists’ insurance.

Originally posted at InjuryBoard by Jeffrey Meldon

Heads up to everyone on the roads in and around Daytona Beach:

Jeffrey Meldon — Wed, 18 Feb 2009 09:55:39 GMT

Heads up to everyone on the roads in and around Daytona Beach: Over the next few weeks our area will be host to nearly half a million bikers coming from all over the country for the biggest motorcycle event of the year. This year Bike Week, a tradition since 1937, will be officially occurring from February 27^th to March 8^th, with bikers seen starting to come into the area already. It is sure to be an exciting time for bikers, filled with hundreds of events and shows for all motorcycle enthusiasts to enjoy. However, it is also a time when many bikers are injured or killed on the roads in and around Volusia County. 2006 was the worst year to date when 21 fatalities were reported, and an uncounted number of serious injuries occurred.

As the lead attorney of a team of top, experienced and innovative motorcycle accident injury lawyers, that have been helping injured bikers and their passengers for over 38 years, throughout North Florida, including Daytona Beach and Volusia County, I have often blogged and written about topics concerning biker safety. Topics that include how bikers can protect themselves on the road and also before getting on their bikes by making sure they are protected with adequate insurance in the case of an unlucky, unplanned event/accident with a car or truck or a spill.

Beware bikers: Unfortunately the roads, even during Bike Week, will be shared with larger vehicles that sadly have a history of saying, “I just never saw the motorcycle” after a collision with a biker and inflicting severe injuries.

Remember: Most motorcyclists that are in accidents are involved in an accident with a car or truck that does not see them.

Therefore: It is very important for all vehicles to take extra precautions during the weeks ahead and take the extra time involved to look twice or even three times before turning, changing lanes, etc.

And: It is also the time for bikers enjoying Bike Week to ride as if they were invisible to the cars and other vehicles around them on the road and not invulnerable to being in an accident. This is especially good advice in the weeks ahead when many drivers and bikers may be joining in on the celebrations that will be abundant in and around Daytona, and having some “adult beverages”.

A last word of advice to bikers coming to Daytona Beach from out-of-state: In the State of Florida, cars and truck drivers are not required to have any Bodily Liability insurance converge, as other States require, that will offer protection to the motorcyclists that they may injure. We estimate that over 2/3rds of drivers that you will encounter on the road in Florida today, have little or no Liability insurance.

Point is, to all out-of-state (and in-state motorcyclists): Make sure to protect yourself by purchasing adequate Uninsured Motorist coverage insurance, at least $100,000, and at least $50,000 of Medical Payment coverage, before you head to Daytona’s world famous Bike Week! Reason being: This will help protect you in the event that you are involved in a serious accident with a careless car or truck driver.

Have fun and ride safely!

For more information on motorcycle accidents and safety issues.

Originally posted at InjuryBoard by Jeffrey Meldon

Motorcycle riders need to protect themselves NOW more than EVER!

Jeffrey Meldon — Sat, 07 Feb 2009 16:40:00 GMT

There has been a recent news buzz regarding the Insurance Research Counsel’s (IRC) release of findings last month of a nationwide study that showed that 23%, (nearly one in four!), of motor vehicle drivers on the road today in Florida are driving illegally without the required insurance; a number that is projected to increase due declining economic conditions. Florida actually ranks number 5 in the country for having the highest percentage of non-insured drivers.

As an accident attorney that has handled many serious motorcycle accident cases over the last 37 years in Florida, including Daytona Beach, I see another dangerous consequence of the increase in uninsured drivers and the economic situation. In 2002, Florida repealed its Universal Helmet Law for motorcycles. Since its repeal, the only protection legally required to ride a motorcycle in Florida is a helmet with a face shield if a person is under 21 years of age, or $10,000 of medical payment insurance, to cover the cost of their injuries, and some type of eye protection if they are over 21 and choose to “ride free”, or without a helmet. In short, if you ride a motorcycle without a helmet and are over 21 years of age, all you need is a pair of glasses and $10,000 of medical payment coverage. I have not seen any official studies that have shown the percentage of motorcycle riders that ride free with the required insurance. I do know from my experience that if a rider is seriously injured in an accident, (with or without a helmet), even if they had the $10,000 required insurance, this money was used up just in the emergency room.

A "lucky" motorcycle accident victim is one that is fortunate enough to be hit by a fully insured vehicle driver. An average hospital bill for a motorcycle crash victim can be $25,000 to $50,000, and goes up with the seriousness of the injuries. For a rider not wearing a helmet that survives a serious accident with severe head trauma, the bill could be in the millions!

What the IRC’s study does not give statistics for is the numbers of drivers on the road in Florida that only carry the minimum required insurance ($10,000 of property damage, and $10,000 of PIP). In my experience this percentage is around 30% of drivers in Florida. So, 30% of vehicle drivers will be able to pay for some of the motorcyclist’s cycle repairs, but nothing to repair the victim’s body or head. On top of this there is another 20% of drivers that are underinsured and carry only $10,000 worth of Bodily Injury Liability insurance.

If a motorcyclist riding with or without a helmet and without adequate insurance, has the unfortunate experience of being hit by the one in four drivers on the road without any insurance or the other approximately 50% of drivers that are underinsured, who will pay for the medical bills, and any loss of income?

Motorcyclists, now more than ever, it is very important for you to carry full insurance coverage, with Uninsured Motorist coverage being of vital importance. Uninsured Motorist coverage will not only cover your outstanding medical bills but loss of income as well. The odds are not on your side; protect yourself! You will have a much better ride knowing that you are protected in the event of a bonehead move by someone driving a car or truck.

Here is more information that you may find helpful regarding motorcycle accidents.

Originally posted at InjuryBoard by Jeffrey Meldon

Motorcycle Crash with Car Kills Rider

Jeffrey Meldon — Tue, 05 Aug 2008 17:45:16 GMT

James Cassles, age 50, was killed Saturday night after his motorcycle crashed head-on into a car. Cassles had been traveling west on S.R 100 at about 11:40 pm according to Clay County sheriff deputies. The driver of the car, Kimberely Aher, received multiple injuries including a broken arm, broken legs and head injuries. She was take to the Shands Trauma Center at the University of Florida in Gainesville. Her prognosis for recovery appeared good.

In 2005 over 469 people were killed in motorcycle accidents in Florida. Florida repealed the universal helmet law in 2000 and fatalities have steadily risen. There is no indication of whether of not Cassles was wearing a helmet and if it could have made a difference in this crash. However, statistic reveal that 80% of all motorcycle crashes result in injury or death to the motorcyclist.

Older riders are at a higher risk for injury or death according to the national Highway Traffic Safety Administration. From 1990 to 2003 motorcycle ownership rose more than 25% among those 40 years old and older. Traffic deaths for this group tripled in the period from 1994 to 2004. During that same period traffic deaths for those under 30 increased by only 10%. Some evidence exists that this increased incidence of fatalities among older riders is caused by inexperience or lack of proper training.

All riders should increase there chances on the road by 1) taking a motorcycle training course 2) consider wearing a helmet, eye protection, and protective clothing 3) making sure you have adequate insurance protection especially uninsured motorists coverage. It is always better to be safe than sorry.

Originally posted at InjuryBoard by Jeffrey Meldon

Motorcyclist Dies-Not Wearing Helmet

Jeffrey Meldon — Sun, 04 May 2008 19:10:35 GMT

A Deltona motorcyclist,Steven Louies Cruz,23,died yesterday afterhe lostcontrol on a curve in the roadandran into a fence post.He was not wearing a helmet, which in Florida is lawful, so long as the rider is over the age of 21 and has $10,000 worth of medical insurance. A debate has been brewing since the law was passed five years ago.Hospitals with trauma emergency rooms have complained that the minimum $10,000 insurance is not nearly enough to pay for the cost of treating serious motorcycle head injury victims. They contend that evena $100.000 policymay beinadequate to pay the cost of medical care causedby the failure to wear a safety helmet.

The American Motorcycle Association(AMA) believes that only young riders should be required to wear helmets and that any rider over 21 should be mature enough to make a decision on whether or not to "ride free" The AMA also believes that states should not require helmetless riders to have any mandatory medical insurance. Many riders are injured through the carelessness of drivers of cars and trucks and through no fault of their own. However, over half of Florida's car and truck owners have inadequate insurance to protect and fairly compensate seriously injured motorcyclists.

It is highly recommended that motorcycle riders purchase uninsured motorists' insurance to help protect themselves from negligent drivers. Although the AMA strongly supports the right to choose whether to wear a helmet, they have not come up with a suggestion on how to compensate the hospitals who take care of their members without getting paid. In the end the people of the State of Floridausually footthe bill when a serious head injury occurs and the rider has minimal insurance coverage. The hospital trauma doctor will tell you that riding a motorcycle is extremely dangerous whether or not your choose to wear a helmet BUT to ride without a helmet significantly increases the risks. For Steven Cruz there is no way to know whether wearing a helmet could have saved his life. This debate has no end in sight.

Originally posted at InjuryBoard by Jeffrey Meldon