Florida Highway Safety and Motor Vehicles released a study this October showing a dramatic 26.92% increase in the rise of motorcycle passenger fatalities according to 2010 Florida Traffic Crash Statistics. Fort Lauderdale Motorcycle Accident Attorney, Lisa Levine, warns Florida motorcyclists of the increase and discusses related Florida motor laws.
Fort Lauderdale, FL (PRWEB) November 11, 2011
Daytona Biketoberfest means big business for local restaurants, hotels, vendors and other sponsoring participants. Over a three day period and across many different parts of the city, Biketoberfest offers an exciting atmosphere of motorcycle events sure to entertain the entire family. With the abundance of motorcycles, partying and action however came several motorcycle accidents. This year’s event unfortunately saw the highest number of fatalities connected to Biketoberfest in the last five years.
The six motorcycle related deaths associated to this year’s event, including at least three passenger fatalities, seem to draw a parallel on a trend that isn’t showing signs of stopping: the rise of motorcycle passenger fatalities. The slight 0.13% decrease in total Florida traffic crashes seems insignificant to the staggering 26.92% increase in motorcycle passenger fatalities, recently rendered by the Florida Highway Safety and Motor Vehicles in the Florida Traffic Crash Statistics report.
“The report shows evidence that Florida motorcycle laws need reform, immediately. Currently, Florida’s motorcycle law is heavily contingent upon insurance requirements. Anyone over the age of 21 with proper insurance may ride a motorcycle without a helmet, including passengers,” says Fort Lauderdale motorcycle accident Lawyer, Lisa Levine.
In 2008, Florida was second among states with the highest motorcycle fatalities in the nation with 527 deaths, just after California’s 537 and above Texas’ 480. Pennsylvania was fourth with a substantial drop to 277 motorcycle deaths according to National Highway Traffic Safety Administration’s Traffic Safety Facts on motorcycles. Pennsylvania’s more comprehensive motorcycle helmet law may explain the drastic drop in the states motorcycle fatalities. Pennsylvania's helmet law has the same age and insurance requirement as Florida for motorcyclists to legally ride without a helmet, but the law also requires a motorcycle license for a minimum of two full calendar years or take a required safety course approved by PennDOT or the Motorcycle Safety Foundation.
Decreasing standards on helmet use laws have been linked to the increase in motorcycle related fatalities through the decreased use of protective headgear. The Traffic Safety Facts study also shows that 88% of motorcyclist that died in California wore helmets compared to Florida’s 52%. In 2004 a Motorcycle Helmet Effectiveness Revisited report done by the U.S. Department of Transportation National Highway Traffic Safety Administration concluded the weakening or repeal of mandatory helmet use laws in many states has been shown to be associated with a dramatic drop in the percentage of motorcyclists who wear helmets.
While the Florida Traffic Crash Statistics report does state the number of total motorcycle crashes and injuries did go down slightly between 2009-2010, the shocking increase in passenger fatalities creates a rising concern for whether motorcycle passengers should be required to wear helmets regardless if the motorcyclist in control chooses to use protective gear or not.
“There are steps Florida legislatures should be taking to lower our states high number of motorcycle fatalities. Florida’s current law regarding the matter does not put proper weight on the fact that riding a motorcycle is substantially more dangerous than riding in a car,” said Levine, a Ft. Lauderdale motor vehicle accident attorney. “User error operating a motor vehicle is still the main reason for motor vehicle accidents. If the state of Florida does not take action to protect all motorcycle passengers by requiring they wear helmets, Florida may literally be putting individuals lives in someone else’s hands.”
Florida’s Motor Vehicle No-Fault Law places liability of an injured passenger, also known as bodily injury, on the driver of the passenger car during an accident, but this law does not apply to motorcycles. Instead, a passenger or motorcyclist injured in a motorcycle accident wanting to claim damages has to meet one or more of Florida’s “Verbal Threshold Requirements.” This means, in order to receive damages for your injuries resulting from a Florida motorcycle accident, the injuries must include serious impairment of a body function, permanent serious disfigurement or death.
According to Levine, “The current state of Florida laws concerning motorcycle injuries due to accidents leaves large discrepancies for everyone involved, including the drivers, passengers, and insurance companies. We need to encourage our local legislatures to create a more comprehensive and universal program aimed at the safety of motorcycle passengers and helping those injured in motorcycle accidents, especially if the injury was a result of someone else’s careless behavior.”
Any motorcycle passenger involved in an accident should seek the immediate counsel of skilled personal injury attorney who will represent their best interests firmly, no matter which driver is at fault. The current law allows the court to determine the amount of damages awarded on a case-by-case basis. Even if the motorcyclist is at fault for the crash, the passenger and pilot may be able to receive financial assistance from the other driver’s insurance.
Lisa Levine of Levine & Glassman, P.A. is a Fort Lauderdale personal injury attorney representing individuals who have suffered serious injuries as a result of a motor vehicle accident. She handles cases involving automotive, motorcycle, 18 wheeler and large trucks, tractor trailer/ RVs and pedestrians and/or bicycles and other types of vehicles throughout Fort Lauderdale, Windsor, Oakland Park, Golden Heights and surrounding communities in Broward County, Miami - Dade County and Palm Beach County.
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Lisa Levine
Levine & Glassman, P.A.
(954) 332-6100
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