When motorcycles collide with other means of conveyance, it is mostly because the operator of the other vehicle violated the right-of-way of the motorcyclist. This fact is backed by a number of researchers including the National Highway Traffic Safety Administration. A familiar scenario occurred in Fort Myers which resulted in a fatality. A 22-year-old was hit and killed by an oncoming vehicle while riding through McGregor Boulevard.
According to the report, the motorcyclist was riding northbound on McGregor, towards Water Lane, when the other driver on the opposite direction tried to turn left to Water Lane and hit him. By her actions, she violated the right-of-way of the motorcyclist. Authorities have ruled out alcohol use in the crash, going on to indicate that the other driver was at fault.
How a Personal Injury Attorney in Florida Can Help you Pursue Claim of Wrongful Death Following a Motorcycle Accident
When a fatal motorcycle accident occurs because a driver violates the motorcyclist’s right-of-way, it is called wrongful death. The Wrongful Death Act allows the survivors of the victim killed because of the negligence of the other party to take legal action against them. “Survivors,” according to the statute, including the decedent’s children, spouse, parents, blood relatives and adopted siblings who were dependent on the victim for services or support whether partly or wholly.
Support can also be considered as money and contributions in kind. Services can include tasks performed by the decedent that have become a necessary expense to the survivors because of the victim’s death. A Personal Injury Attorney in Florida will help you navigate the tricky process involved when it comes to getting the compensation you or your family deserve. Damages in a wrongful death case can include mental anguish of survivors, pain, suffering, medical expenses, lost wages and benefits of the decedent before death.
Why Many Motorcycle Accidents Cause Right-of-Way Violations
Florida endures endless road crash scenarios every day, but when it relates to a serious motorcycle accident, right-of-way violations are always common (a situation where the other driver violates the motorcyclist’s right-of-way). Motorcycles may not be as large as most other vehicles, but the issue here is that automobile drivers are not looking for them. They are not checking their side mirrors or blind spots before changing lanes on the highway. They are not anticipating the movement of motorcycles. Distraction too is a crucial problem, particularly with growing popularity of smartphone use.
Since Florida revised its motorcycle helmet law, a survey indicated that only 47% of riders wear helmets. This development is believed to be a primary reason in the high fatality rate, though it should be noted the lack of recommended helmet in a motorcycle crash isn’t cause for defendants to insist that the motorcyclist was in comparative fault.