Articles Posted in Motorcycle Accidents

A 50-year-old Lakeland motorcycle police officer was killed in a crash Thursday morning on his way to work.

According to the Polk County Sheriff’s Office, the officer was killed just before 6 a.m. when his motorcycle for unknown reasons collided with and drove over a raised concrete median between the north and southbound lanes on Lakeland Highlands Road just south of Lake Miriam Drive.

This caused the officer to lose control of the motorcycle. The officer and the motorcycle came to rest on the inside (left) lane of the northbound roadway.

He was operating his agency Harley Davidson Police Road King motorcycle. 

Polk County Sheriff Grady Judd said multiple passersby stopped at the crash site to help render aid to Dunn and call 911.

One woman stopped and called 911. Another woman, a nurse practitioner, began CPR on the officer.

The officer was transported to the hospital and pronounced dead at 6:53 a.m. at Lakeland Regional Health Medical Center. The officer, who was with the agency about five years after a dozen years with the Polk Sheriff’s Office, also served as a U.S. Marine. He was married with three adult children.

Authorities are conducting a fatal crash investigation, as it occurred in the unincorporated area of Lakeland.  

Judd said the investigation will be exhausted to determine the cause of the crash. 

Did you know that the state of Florida ranks seventh among all US states in terms of motorcyclist fatalities? This is according to a report by the Governors Highway Safety Association. Regrettably, local statistics show that thousands of motorcycle riders get hurt on Florida roads each year.

The latest data from the Governors Highway Safety Association reveals that in 2017 alone, Florida accounted for 18.2 percent of all motorcycle fatalities in the U.S. This amounts to roughly 504 deaths. In 2016, Florida was responsible for 574 motorcycle deaths. This number of motorcycle fatalities actually decreased by 70 from 2016 to 2017.

As fun as they can be, motorcycles are one of the more dangerous forms of transportation. Sadly, it is common for drivers of larger vehicles to not see motorcycles, and as a result, catastrophic accidents occur. Whether you are an experienced rider or a novice, there are a few safety tips you can be reminded of to keep you safe on the road. 

The following are a few safety precautions for motorcycle riders:

• Maintain your motorcycle. Before taking your bike out for a spin, make sure there are no problems with your motorcycle. You do not want to discover that you’re missing a turn signal or having brake trouble when you’re already out on the road as it could be too late at that point.
• Wear your safety gear. Helmets can protect you against fatal or life-changing brain injuries. It is also a good idea to wear eye and face protection, a protective jacket, long pants, gloves and boots.
• Take a safety course. Regardless of if you have years of experience, you can always brush up on your skills. Taking a motorcycle safety course is always a good idea. You can find motorcycle safety courses in Florida by clicking here.
• Follow the posted speed limit. A large percentage of motorcyclists who die in accidents are speeding.
• Don’t operate your motorcycle drunk. Never drink and drive any vehicle. Operating a motorcycle under the influence of drugs or alcohol can be especially dangerous. 
• Stay alert. Always be on the lookout for potholes, bumps in the road and oncoming vehicles. You cannot always rely on other drivers to look out for you.

Unfortunately, even if you do everything right on your end, sometimes accidents still happen. Our Tampa Bay Motorcycle Accident Attorneys at Whittel & Melton have handled many cases in which motorcyclists and their passengers were injured in accidents caused by other drivers doing the following: 

• Following a motorcycle too closely
• Failing to yield at an intersection
• Running a stop sign or red light
• Cutting off a motorcycle when changing lanes
• Driving under the influence of drugs or alcohol
• Unsafe lane changes
• Improper turning

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A motorcyclist was killed in a crash involving an SUV early Tuesday morning in Polk County.

According to witnesses, the 22-year-old was driving his 2006 Suzuki sport motorcycles at a high rate of speed on SR 60 when he crashed into a 1993 Ford Explorer that was turning left onto Pine Grove Road from westbound SR 60.

Deputies said the impact of the crash caused the SUV to flip onto its side.

According to the crash report, the motorcyclist was wearing a helmet but it came off during the crash. First responders pronounced him dead on scene.

The driver of the SUV suffered non-life threatening injuries and was transported to a local hospital.

The EB lanes of SR 60 were closed for nearly three hours during the investigation.

The investigation remains ongoing and no charges are anticipated, according to the Polk County Sheriff’s Office.

The Department of Transportation and the National Highway Traffic Safety Administration (NHTSA) reported that in 2016, 33 percent of all motorcycle riders involved in fatal crashes were speeding, compared to 19 percent for passenger car drivers, 15 percent for light-truck drivers, and 7 percent for large-truck drivers.

Road conditions, operator errors, and driver behaviors such as speeding all play important roles in motorcycle crashes. Our Tampa Bay Motorcycle Accident Attorneys at Whittel & Melton have put together these safety recommendations for all motorcyclists:

• Take a motorcycle education and certification course. The Florida Rider Training Program (FRTP) uses curriculum developed by the Motorcycle Safety Foundation (MSF). FRTP Sponsors offer a 15-hour MSF Basic RiderCourse® (BRC) and Basic RiderCourse updated® (BRCu), which provides an introduction to the fundamentals of safe, responsible motorcycling. This includes the knowledge and skills necessary to ride safely on the streets and highways. You can find a list of safety courses in your area here.
• Always wear a helmet. While a helmet is not required in Florida for riders over the age of 21 as long as they can prove they are covered by a $10,000 medical insurance policy to cover any injuries that may arise as a result of a crash, there is a general consensus that helmet use is an important preventive measure against some of the most serious accident injuries, such as head or brain injuries that can cause paralysis, permanent disability, or wrongful death.
• Follow traffic laws and avoid speeding. Motorcycle operators are required to follow the same laws as other drivers sharing the roadways.
• Ride in open zones. Always ride in open zones in traffic so that you have additional room to maneuver and allow you to keep away from dangerous blind spots.
• Cover your brakes. When you are riding in traffic you must react quickly, so you do not want to be fumbling for the brake lever or pedal. Keep a finger or two on the brake lever and your right toe close to the rear brake pedal to minimize reach time.
• Never drive drunk or distracted. Do not drink, use drugs, or take prescription medications that can cause drowsiness or other impairment when getting behind the wheel of your motorcycle. Likewise, do not use a phone while driving.
• Maintain your bike. Keep your motorcycle working properly and undertake repairs when needed. Watch for recalls, check tires, keep your cables oiled, and consult your owner’s manual to grease the appropriate machinery.
• Dress to be seen. Wear brightly-colored clothing to increase your visibility.
• Drive defensively. Never assume that other drivers can see you. You need to be aware of other vehicles and drivers on the road with you.

How is Fault Determined in a Motorcycle Crash?

When it comes to a negligence lawsuit, there are four elements: duty, breach, harm and causation. All drivers, including motorcyclists, have a duty to drive safely and follow the rules of the road. If a driver breaches this duty and causes an accident, they may be liable for damages. This can be easy to determine in cases where a driver broke a traffic law, such as ignoring a stop sign. In other accidents, this can be more tricky to conclude. In some cases, the other driver’s behavior can be deemed so risky that they are charged with recklessness. This often happens when a driver is drunk. Lastly, the accident resulting from a breach must be determined to have caused harm to the plaintiff for a personal injury or wrongful death case to be filed.

What if both the motorcyclist and the other party were at fault?

It is entirely possible for a motorcyclist and a driver to be found to share the fault in an accident. Maybe the accident was caused by a speeding motorcyclist and a car who made an unsafe turn. In this type of situation, the percent that each driver was at fault will have to be determined. This is where the legal standard of comparative damages comes into play, and those who are partly responsible for an accident receive damages at a reduced rate based on the percentage that they are at fault.

Let’s say the motorcyclist was 30% responsible for an accident, so that means they will only be able to collect 70% of the damages. Keep in mind that if a motorcyclist is responsible for over 50% of the accident, they will not be eligible for damages.

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Two people were killed early Sunday in a motorcycle crash in northwest Hillsborough County. 

According to the Hillsborough County Sheriff’s Office, the crash occurred just after 6 a.m. on a winding portion of Gunn Highway at Racetrack Road in the Keystone area. 

Deputies believe a man and woman were riding the motorcycle southbound on Gunn Highway, when the driver failed to negotiate a curve, hit a road sign and both individuals were thrown from the bike. 

They were pronounced dead at the scene.

A passerby, who happened to be a doctor, found the crash scene. He attempted to aid the injured man and woman and then called 911.

Deputies said it appears the motorcycle may have taken a curve too fast and went off the road. Officials said the driver and passenger were not wearing helmets. 

Deputies closed Gunn Highway between Racetrack Road and Copeland Road for several hours Sunday morning. 

The crash remains under investigation and authorities have not released any further information as of yet.  

The National Highway Traffic Safety Administration says that in 2016, the use of motorcycle helmets saved an estimated 1,859 lives. An additional 802 lives could have been saved in 2016 if all motorcyclists had worn helmets. While the NHTSA supports universal helmet laws, Florida does not currently have such a law. 

In 2010, Florida lawmakers amended section 316.11 of the Florida Statutes so that motorcyclists in Florida who are over 21 years of age can legally operate or ride on a motorcycle without wearing a helmet as long as they have a medical insurance policy with coverage of at least $10,000. With that said, anyone who does not meet these two requirements is not legally allowed to operate or ride on a motorcycle in Florida without a helmet.

In 2016, the state of Florida saw 586 total motorcycle accident fatalities. Of those, 288 motorcyclists were wearing helmets and another 283 were not. In 15 of these fatalities, the use of helmets is unknown. With 50.4% of these motorcycle accidents with riders wearing helmets, 175 lives were saved. It is estimated that if 100% of riders had worn helmets, then an additional 108 lives could have been saved. 

This case brings up a good topic: does not wearing a helmet impact your injury or wrongful death claim? Although Florida’s current motorcycle helmet law does not require the majority of motorcyclists in our state to wear helmets, be advised that not wearing a helmet may still impact a personal injury or wrongful death lawsuit filed by an injured motorcyclist or their surviving family members. Why? Courts that hear Florida injury and wrongful death claims based on motor vehicle accidents often find multiple parties to be partially liable for causing the accident. 

Florida is a comparative negligence state, meaning that a personal injury plaintiff (the injured person who is suing) will have their recovery reduced by the percentage that they are found to be responsible for causing the accident. So, not wearing a helmet, even if you are not legally required, may very well result in some fault being assessed against the motorcyclist if it is proven that injuries/death would have been reduced if a helmet had been worn. 

A 2017 AAA Consumer Pulse Survey that was recently published covering driver safety in all 50 states shows the following stats for motorcyclists in Florida: 

1. Nearly one out of every six motorcyclists in Florida did not have motorcycle insurance (16%).
2. Approximately one out of seven (14%) of motorcyclists do not wear a safety helmet in Florida. Another one-third (approximately 32%) of the bikers in Florida do not think that they should be “mandated” to wear a safety helmet by law.
3. The number of Florida motorcyclists wearing the the following safety gear:

• Face Shield or Glasses: 81%
• Boots: 64%
• Gloves: 63%
• Protective Jackets: 55%

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