Florida Injury Attorney Blog

A man from Jacksonville was riding along I-95 in Flagler County, Florida when he drove into the median and fell from his motorcycle, according to an article on News4Jax.com. After falling from the motorcycle, he was then hit by a car on I-95.

What are the implications in a wrongful death case after an accident like this? When a person is involved in a single vehicle accident, there is normally no claim to be made against another's insurance policy unless it can be shown that someone else caused or contributed to the accident. In this case, there is no indication that the initial accident that caused the driver to fall off of his motorcycle was caused by anyone else. However, when the driver was hit by a car after he fell from his motorcycle, that raises two issues in terms of whether his family could recover damages in a wrongful death case. If the driver of the car could and should have seen the person on the road and avoided him, then that driver may be liable for any damages caused when the driver ran over the motorcyclist. Even where the victim may be negligent initially, if a second driver has the ability to avoid a second accident but does not, that second driver may be liable for the damages caused by the second accident.

Of course, even if there is a second accident that should have been avoided by a second driver, the victim, or victim's family in a wrongful death case, can only recover damages from that second driver if it can be proven that the second accident caused damages. For instance, if the motorcyclist was killed in the first accident after he fell off of his motorcycle, then the second accident when he was run over would not have caused any damages. This analysis can involve complicated medical issues and expert medical testimony to determine the actual cause of death and which accident caused which injuries. But the premise is fairly simple- everyone is liable for those damages caused by his/her negligent conduct.

A motorcycle crash on the I-95 entrance ramp at Kings Road resulted in the death of one rider and serious injuries to another, according to an article on News4Jax.com. It is not clear what caused the crash, but traffic crash investigators indicated a patch of oil on the road may have caused or contributed to the crash that resulted in the death of Michele Mercatell and injuries to Joseph Mercatell.

It is also unclear from the article whether the deceased was the driver of the motorcycle or the passenger. However, in a personal injury or wrongful death case, a passenger in a vehicle or on a motorcycle in a one vehicle crash can make a claim for damages just as with any accident where someone other than the victim caused or contributed to the accident. In many cases that personal injury/wrongful death lawyers deal with, the victim and the at-fault driver are in two different vehicles. In those cases, the victim who is injured, or the victim's family in a wrongful death case, can make a claim against the other driver's insurance company and his/her own uninsured motorist insurance policy depending on the circumstances.

The same is normally true when a person is injured or killed in an accident caused by the driver of the vehicle in which he/she was an occupant, or on which he/she was riding in the case of a motorcycle. A person does not lose the right to recover damages for injuries when it is his/her own driver who caused the accident. The issues are normally the same- a person can recover damages for injuries, or a death, caused or contributed to by another person.

A man riding his motorcycle died after he was hit by a car on U.S. 17 in Green Cove Springs, Florida according to an article on News4Jax.com. Phillip Breidenstein died after another vehicle crossed the road directly in front of his motorcycle causing the crash. The driver of the car apparently made the statement that he looked before pulling out into the road but did not see the motorcycle.

We see a lot of accidents involving motorcycle driver victims and unfortunately, many of them are very serious due to the vulnerable nature of motorcyclists. Most of the time, the driver who causes the accident with the motorcyclist has the same excuse- the driver looked but did not see the motorcycle. In a personal injury or wrongful death lawsuit, this kind of excuse only serves to establish liability for the other driver. Failure to see a motorcycle is almost never a valid reason for such an accident. More likely, it shows that the driver who hit the motorcyclist was not paying enough attention to the road and the surroundings. In a day and age where it seems like people are driving worse whether due to distractions like cell phones and Ipods or just because they are not paying enough attention, motorcycle drivers are more vulnerable than ever. When accidents like this occur, other drivers need to be held accountable so they will drive more safely and pay attention to all vehicles and pedestrians in and near the road.

A sailor who had just come from a motorcycle safety course was killed after being struck by a vehicle driven by 19 year old Ana Brown, according to an article on Firstcoastnews.com. Apparently, Ms. Brown failed to yield and turned left into the path of the motorcyclist causing the accident and the resulting death. The tragic irony of the crash was that the motorcyclist was a certified motorcyclist who had just attended a class to maintain his certification as a safe motorcycle driver.

We have unfortunately seen a lot of serious injury and fatal crashes involving motorcycles. Two things such crashes involving a regular passenger vehicle or truck and a motorcycle often have in common are that the motorcyclist bears the brunt of the crash and suffers the significant injury while the other driver is typically unscathed and the other driver claims that he/she did not see the motorcycle. Too often, these crashes occur because the passenger vehicle or truck driver did not see the motorcycle, but that is most often due to the vehicle driver's failure to pay close attention to the road rather than the motorcyclist's inappropriate driving. In a crash such as this, when a vehicle makes a left turn across traffic and hits the motorcycle, the vehicle driver likely did not see the motorcycle because he/she did not take the necessary steps to be completely certain the path was clear before turning.

Crashes involving motorcycles unfortunately often result in serious injuries or worse. The reason is obvious as motorcyclists are much more vulnerable to serious injury in a crash as opposed to someone driving a passenger car or truck. For that reason, drivers need to be particularly mindful of motorcycles on the road. When an accident like this occurs, it is often the result of a vehicle driver not meeting the standard of care of watching out for all of the other vehicles on the road.

A motorcyclist was killed after being hit by a person driving a truck who fled the scene of the accident on I-10 near I-95 in Jacksonville, Florida, according to an article on News4jax.com. Police are looking for the driver of the truck that hit the motorcyclist and have indicated that he/she was driving a Dodge Ram with particular markings and accessories.

Unfortunately, we have seen too many crashes that involve motorcycle victims and are often the result of careless drivers who are not properly looking out for other vehicles, particularly smaller motorcycles. Sometimes, in a deposition of the at-fault driver in the course of a personal injury or wrongful death lawsuit involving a motorcycle driver victim, the at-fault driver will claim that the motorcycle came out of nowhere or was difficult to see. This is rarely a valid defense. If anything, personal injury and wrongful death lawyers can use this to strengthen the plaintiff's case to show that the at-fault driver was negligent by not paying proper attention to his/her surroundings on the road.

An added issue here is the fact that the truck driver fled the scene. Assuming they find the person, this fact can be used to show consciousness of negligence. In other words, the personal injury/wrongful death attorney can use the fact that the at-fault driver fled the scene to prove that he/she knew he/she negligently caused the crash and did not want to wait around to be held accountable. Any time a person is involved in an accident like this in Florida that causes an injury, a death and/or property damage, the driver is required to remain at the scene of the crash and provide certain identification and insurance information. Failure to do so is a misdemeanor crime in Florida if there is no serious injury or death. However, if someone flees the scene of an accident involving a death, it is a serious felony crime in Florida.

A motorcyclist was killed after his motorcycle struck the curb causing him to be ejected from his vehicle, and then he was struck by a tractor trailer on U.S. 90 in Florida, according to an article on News4Jax.com. Apparently, the accident was initiated when the motorcyclist, Kevin Daugherty, struck the curb and was separated from his motorcycle. However, as he lay in the roadway, a semi truck came along and ran over Mr. Daugherty.

This tragic accident raises an interesting question in terms of Mr. Daugherty's family's right to recover damages in a wrongful death lawsuit. When a person is involved in an accident that is his/her own fault, that person cannot recover for damages resulting from the crash. As a result, assuming the initial accident caused when Mr. Daugherty hit the curb was his fault, his family would not be able to recover damages resulting from that part of the accident. However, since there were technically two accidents in this case, the family may still have a right to recover damages. The real question is whether Mr. Daugherty died from the initial crash and ejection caused by him hitting the curb or the subsequent crash when he was run over by the semi truck.

Certainly, an argument can and should be made that the semi truck caused Mr. Daugherty's death. In a wrongful death lawsuit, experts hired by the wrongful death lawyer for the family would analyze the crash and Mr. Daugherty's injuries to determine if the semi truck was in fact the actual cause of his death. If that was the case, the semi truck driver and company that employs him/her would be liable for his death, if it is proven that the semi truck driver was negligent in failing to see Mr. Daugherty in the road and hitting him.

A pickup truck driver hit two motorcycles carrying four people head-on killing all of them in an accident in Bushnell, Sumter County, Florida (which is about two and a half hours southwest of Jacksonville, Florida), according to an article on News4Jax.com. Apparently, Paul Sermons, the pickup truck driver, was trying to pass another vehicle when he moved into the oncoming lane and struck the motorcyclists. It is not clear if Mr. Sermons will be criminally charged for the accident.

When we handle personal injury or wrongful death cases involving motorcycles, it seems like the causes are very similar- car and truck drivers not paying enough attention to other vehicles, particularly motorcycles. Mr. Sermons apparently told the Florida Highway Patrol officer that he did not realize how close he was to the motorcycles when he decided to pass the vehicle in front of him. In a personal injury or wrongful death case involving such an accident, that is no defense for causing the accident. Passing another vehicle on a two lane road is very dangerous under any circumstances. If a driver chooses to take the risk and pass the vehicle, it is up to him/her to be certain that it is safe and there is plenty of time to make the pass. If a person decides to pass on a two lane road and an accident with an oncoming vehicle results, it is almost certain that liability for the crash and the resulting injuries or death(s) will be attributed to the driver of the vehicle who initiated the pass and created the dangerous situation.

A man riding a motorcycle was injured after a vehicle swerved into his lane causing the motorcyclist to turn away from the car and crash. The black vehicle then left the scene of the accident, according to

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Posted In: Motorcycle Accidents

The Jacksonville, Florida personal injury and wrongful death law firm of Shorstein & Lasnetski, LLC successfully represented a client and obtained all of the available insurance after he was seriously injured in an accident while riding his motorcycle in Middleburg, Clay County, Florida. Our client was riding on his motorcycle on Blanding Boulevard when a car backed onto the road in front of our client without looking. Our client attempted to pass the careless driver, but that driver then accelerated, driving into our client and causing a serious crash.

Our client suffered serious injuries as a result of the crash including a broken leg and ankle, multiple fractures to his pelvis and serious internal injuries to several major organs. Shorstein & Lasnetski, LLC investigated the cause of the accident and quickly and conclusively determined that the accident was caused solely by the carelessness of the other driver. At that point, Shorstein & Lasnetski, LLC focused on the task of locating all of the available insurance policies that would offer compensation to our client. In this case, there were three insurance policies. Once the relevant insurance companies and policies were discovered, Shorstein & Lasnetski, LLC determined and set out the facts about the accident, the injuries, the damages and our client which convinced the insurance companies involved to pay all of the $635,000 that was available in this case.

Motorcycle drivers are all over the roads in Jacksonville, Florida and the surrounding counties. Unfortunately, people who drive motorcycles face the added danger that comes with drivers of cars and trucks who do not carefully and appropriately watch out for motorcycles that share the roads. Accidents that result in serious injuries or death to people on motorcycles often raise additional issues of negligence and/or recklessness when drivers pull out of roads and make turns without adequately looking for other drivers, particularly motorcycles.

If you drive a motorcycle and have been injured in an accident, contact a law firm whose lawyers have experience with motorcycle accidents and the many issues that you will face in order to obtain full compensation for your injuries.