Lesser Law Blog - Personal Injury Law » Bicycle Accidents

But I Don’t Want to Go to Court…

Michael S. Smith — Wed, 17 Mar 2010 20:19:14 +0000

Thru the years, we have frequently had clients express concern about “going to court.” This reaction is natural, since many of our clients have never had any interaction with the justice system. On television, “court” looks like a very scary place. Slick lawyers hammer witnesses into confessions before the first commercial break. What sane person would voluntarily subject herself to such abuse?

Reality, of course, is much different from television drama. Many civil disputes are resolved before a lawsuit is even filed. Of those that are filed, well over 9 out of 10 are settled without the client ever setting foot in the courthouse. Florida has a very strong pre-trial mediation program. This program is mandatory, and no case can go to trial in Florida without first going through the mediation process. Trained mediators help the parties try to reach a compromise they can live with. We have had great success in resolving cases through pre-trial mediation.

Of course, not every case settles before trial. We have found that, after getting over the initial butterflies, our clients almost universally agree that the process is not as bad as they expected. Palm Beach County is blessed with the finest judiciary in the State of Florida. Our Judges do not allow the sort of behavior seen on television dramas, and the experience is simply not as nerve-wracking as TV would suggest.

Our lawyers have a vast amount of trial experience. Insurance companies and defense lawyers know this.

Our abilities in the courtroom allow us to resolve most of our cases before trial. While it might be natural to have feelings against “going to court,” that should never be a reason for not pursuing a valid claim.

Motorcycle Safety, Injury Prevention and the Law

Joseph B. Landy — Mon, 25 Jan 2010 15:44:48 +0000

Motorcycles are a common source of transportation – both for recreation as well as for a source of primary transportation. There is no doubt the popularity of the motorcycles continues to escalate. In fact, according to the American Automobile Association (AAA), motorcycle registration has increased nearly 50% in under a decade. The basis of the growth includes improved reliability, a wider array of models, fuel efficiency, and a large increase in the number of female riders as well as middle age and older riders. Unfortunately, the National Highway Traffic Safety Administration (NHTSA) reports that the growth in motorcycles has been accompanied by a 115% increase in the number of fatal crashes involving motorcycles. In order to be a safe motorcyclist, one must fully understand, and appreciate, the laws of the road. In Florida, there are numerous laws applicable solely to motorcyclists. A highlight of these laws is as follows:

1. Safety helmets – Section 316.211 Equipment for Motorcycle and Moped Riders – Not required for those over the age of 21 with a minimum of $10,000 in medical insurance. Despite the fact that the law does not require the use of a helmet, it is without a doubt the single most important element of motorcycle safety. As trial attorneys, we have encountered those clients that have been involved in motorcycle accidents that, due to the use of a helmet, broke their bones but kept their brains intact. On the other hand, we have also encountered the tragic results of a catastrophic brain injury, and even death, which may have been prevented by the use of a helmet.

2. Licenses and Educational Requirements – Prior to their obtaining their license, the riders must pass a skill as well as a knowledge test. Florida will accept motorcycle endorsements from other states.

3. Eye protection – Eye protection is required by Florida law at all times while operating a motorcycle.

4. Daytime use of headlight – In order to maximize the motorcycle’s visibility to oncoming traffic, daytime use of headlights is required by Florida law, although a modulating headlight is permitted.

5. Passenger – A passenger seat, as well as passenger foot rest, are required for all passengers. There is no age restriction for motorcycle passengers.

6. Speakers – Motorcycle speakers, as well as helmet speakers, are allowed. On the other hand, earphones are illegal as they are obstructive to proper hearing of the motorcyclists.

7. Safety inspections – Florida has no periodic safety inspection requirement.

8. Mufflers – Pursuant to Florida Statute 316.293(5)(A), Noise Abatement Equipment Modifications – No person shall modify the exhaust system of a motorcycle or any other noise abatement device of a motorcycle operated or to be operated upon the highways of this state in such a manner that the noise emitted by the motorcycle is above that emitted by the vehicle as originally manufactured.

9. Insurance Requirements – The financial responsibility laws are unique in Florida as they apply to motorcyclists. Florida’s no-fault, or “PIP law”, is mandatory for cars and trucks. This coverage pays for the occupant’s first $10,000.00 or more in medical expenses. This law does not hold true for motorcyclists – Florida’s no-fault law is inapplicable to motorcyclists. On the other hand, the financial responsibility law does apply to all motor vehicles including motorcyclists. Thus, it is highly recommended that all motorcyclists purchase motor vehicle liability insurance. Failure to carry property damage and bodily injury insurance, in case of a crash, may result in possible license suspension.

10. Operation – Pursuant to Florida Statute 316.209, motorcyclists may operate two abreast in the same lane. Specifically, the statute states, “Motorcycles on Roadways Lanes of Traffic – (1) 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.”

On the other hand, motorcycle lane splitting is prohibited. Pursuant to Section 316.209(2), Operating Motorcycles on Roadways Laned for Traffic, “The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (3) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.”

Motorcycles are fun to operate and serve as an economical source of transportation. In order to stay safe and protect yourself, it is imperative to follow the laws of the road.

Bicycle Safety 101

C. Reid Bierer — Tue, 01 Dec 2009 18:52:39 +0000

Many folks have taken up road cycling for physical exercise and to improve their fitness and cardiovascular health. Others commute to work on bicycles. While bicycling is a great activity to enjoy, one should never underestimate the potential risks associated with road cycling. Bicycling accident injuries can be debilitating and sometimes fatal. More than 52,000 pedalcyclists have died in traffic crashes in the United States since 1932. In 2007, there were 3,214 traffic fatalities in Florida. Of those 119 died from bicycle accidents. http://www-nrd.nhtsa.dot.gov/Pubs/810986.PDF The attorneys at our law firm have significant experience in representing bicyclists who have suffered injuries due to negligent motorists. Florida law states that bicycles are vehicles. As such, their operation on roadways is regulated by the traffic laws. If we operate our bicycles as vehicles and follow the traffic laws, doing so will dramatically increase our safety.

Always keep in mind that while the laws are the same for motorists and cyclists, there are real differences between the two modes of transportation. For instance, motorists instinctively look out for other motor vehicles but they do not watch as carefully for pedestrians or fast-moving bicycles traveling on sidewalks, cross-walks and shoulders, especially those traveling in the opposite direction from the traffic flow. Be visible during the day and night. Wear bright clothing even during the day. Wear eye-catching bike jerseys – the more bright and colorful, the better. You need to be seen. Stay out of blind spots of all cars, trucks and buses. Use lights and reflectors in the early morning or at night. At night, use a front white light and a flashing rear light. Wear light-colored, reflective clothing, and at night use retro-reflective tape or markings on your equipment or clothes.

Motorists are shielded by their car’s body and frame. Bicyclists don’t have that kind of protection. Bicycle accidents are one of the main causes of brain injuries. A helmet is the most effective way to prevent head injuries resulting from a bicycle crash. Bicycle helmets are 85 to 88 percent effective in mitigating head and brain injuries. Florida has mandatory helmet laws for children under the age of 16. It is imperative that anyone who rides a bicycle wear a helmet.

Let motorists know exactly what you are doing. While signals are not required if you need both hands for control, at all other times, you must use hand signals and try to make eye contact with nearby motorists to make sure they are aware of you. Ride in the same direction as traffic when riding on a roadway or street. (Florida Statute 316.081) Taking the necessary precautions and following the traffic laws will increase your safety and make for an enjoyable ride.

More information about traffic laws for bicyclists and motorists may be found at: http://www.dot.state.fl.us/Safety/ped_bike/laws/ped_bike_bikeLaws1.shtm