GOLDLAW – West Palm Beach Personal Injury Lawyers, Car Accident, Slip & Fall – Law Offices of Craig Goldenfarb

Category: Motorcycle Accidents

motorcycle accidents, collisions, injuries, and death on the roadways.

  • Wellington Resident Tavian O’Brien Dies After Porsche Turns In Front of Motorcycle

    A Wellington resident died on Tuesday, January 4, after his motorcycle collided with a left-turning Porsche outside the Walmart Supercenter in Royal Palm Beach, according to a recent article by the Palm Beach Post.

    The Palm Beach County Sheriff’s Office (PBSO) told the Post that the crash happened on Tuesday morning around 8 AM. Tavian O’Brien, 24, was riding a Suzuki GSX-R750 motorcycle east on Belvedere Road when he changed lanes near State Road 7 and accelerated to pass another vehicle. That was when the motorcycle collided with the passenger side of a 2015 Porsche that had been westbound on Belvedere and was turning south into the Walmart parking lot, according to PBSO. Sadly, O’Brien was pronounced dead at the scene.

    The Porsche’s driver did not report any injuries, and the sheriff’s report did not indicate whether driver was facing any charges in the crash.

    Motorcycle accidents involving passenger vehicles are a common occurrence. One report from the National Highway Traffic Safety Administration found that in nearly half of crashes between motorcycles and cars, the car was attempting a left turn. Right turns can also bring cars into the path of a motorcycle before the bike can stop.

    There are many factors that may contribute to a driver turning in front of a motorcycle. Speeding, ignoring traffic signs, distracted driving such as texting or eating, low visibility, and other issues can all be reasons why a driver violates the motorcycle’s right of way. However, another prevalent reason drivers give for turning in front of a motorcycle is that they simply didn’t see it. Because motorcycles are small and more difficult to see, motorists are encouraged to “look twice and save a life.” It’s also important to remember that drivers making turns should always yield to other traffic.

    Notice: As a personal injury law firm, we frequently provide legal analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of negligence surrounding the available facts. Respectfully, our hearts and thoughts are with those who have suffered a catastrophic injury or death.

    If you would like a free, confidential consultation about an incident, please contact us today at 561-291-6249.

  • Cocoa Motorcyclist Joshua Carver Killed After SUV Cuts In Front of Motorcycle

    On Friday, March 6, Joshua Carver, 20, died in a motorcycle accident after an SUV cut in front of his bike.

    Officials say the accident happened at Cox Road and Fisherman’s Place in Cocoa. Carver was riding northbound on Cox Rd. when a southbound Chevrolet SUV driven by 74-year-old Robert Jones tried to make a left turn across Cox Rd. and go east on Fisherman’s Place. Carver’s motorcycle crashed into the SUV, and he was later pronounced dead at the scene.

    Jones was not injured in the accident. Authorities say charges are pending.

    Unfortunately, motorcycle deaths are common across the US, and in Florida. In 2015 alone, there were 606 fatalities of motorcycle riders in the state. Motorcycles are involved in about 20 percent of auto accident deaths, even though there are far more larger vehicles on the road. The causes of these accidents range from distracted driving to speeding to impaired driving. It’s very common for motorists who pull out in front of a motorcycle to say they just didn’t see it. For this reason, drivers are encouraged to “look twice and save a life.”

  • Thomas Eades of Tequestra Killed After Car Rear Ends Motorcycle on the Turnpike

    Thomas Eades of Tequestra Killed After Car Rear Ends Motorcycle on the Turnpike

    Thomas Eades, 63, of Tequestra died on Wednesday, February 19, when his motorcycle was rear-ended on the Turnpike in Palm Beach County.

    Florida Highway Patrol (FHP) officials say the three-vehicle wreck happened around 6:40 PM, near mile marker 81 and the Atlantic Avenue exit. Eades was riding a 2019 Harley-Davidson Road Glide behind a 2006 Ford F-150. There was a 2014 Honda Civic behind Eades’ motorcycle. For some reason, the Civic crashed into the rear of the motorcycle, sending it crashing into the F-150 and ejecting Eades. Sadly, he was pronounced dead at the scene.

    Unfortunately, Florida is the deadliest state in the country for motorcycle riders. According to the National Highway Traffic Safety Administration (NHTSA), 586 people died in motorcycle crashes in Florida in 2016 alone. Many motorcycle accidents involve vehicles turning into the path of a cycle, simply because they don’t see it. For this reason, drivers are urged to “Look twice and save a life.”

    However, this is usually not the cause of rear-end accidents. These types of crashes are commonly caused by speeding, distracted driving, road rage, fatigued driving, and driving under the influence.

    FHP officials say charges are pending in the accident case.

  • Ormond Beach Resident Thomas Valley Killed in Motorcycle Collision with Car

    A collision between a motorcycle and car on Sunday afternoon proved deadly for the motorcycle rider, 75-year-old Thomas Valley of Ormond Beach.

    According to Florida Highway Patrol, the crash happened around 3:20 in the afternoon, on Country Road 455 and Cavallo Drive. Valley was headed south on his 2013 Honda motorcycle. Richard Powell, 40, was moving north in a 2012 Toyota Corrolla. For unknown reasons, Powell swerved to the right, then overcorrected into the southbound lanes, striking Valley’s motorcycle head-on. Valley was ejected from his bike, and later pronounced dead at the scene.

  • Riviera Beach Resident Jorge Alejandro Ruiz-Gandara Killed in Motorcycle Accident Near West Palm Beach

    The motorcycle rider, 23-year-old Jorge Alejandro Ruiz-Gandara of Riviera Beach, was driving northbound on Military Trail near West Palm Beach. The four-door Toyota, driven by an 82-year-old driver, was also heading northbound in a separate lane. The Sheriff’s Office says the Toyota driver attempted to turn right and go south instead. However, the Toyota traveled eastbound into the northbound lanes and the path of the Suzuki motorcycle. Ruiz-Gandera was wearing a helmet, and was taken to a local hospital, where he was later pronounced dead. The Toyota driver was unhurt, and the report says charges are pending.

    If there was negligence on the part of the Toyota driver or the auto manufacturer, Ruiz-Gandara’s family may have grounds to move forward with a civil Wrongful Death case.

  • Authorities Say Failure to Yield Led to Motorcyclist Justin Bent’s Death

    Authorities Say Failure to Yield Led to Motorcyclist Justin Bent’s Death

    [vc_row][vc_column][vc_column_text]On March 9, a deadly motorcycle crash occurred when a car collided with a motorcycle at the intersection of Arrowhead Boulevard and US-41 in North Fort Myers.

    According to Florida Highway Patrol, Justin Bent, 35, was driving his motorcycle northbound on US-41, when a car driven by Max Hamock, 85, failed to yield at the intersection with Arrowhead Boulevard. The car hit Bent’s motorcycle, and Bent was thrown from his bike, tragically dying at the scene. Max Hamock and a passenger, his wife Virginia Hamock, were taken to a local hospital and treated for minor injuries.

    Local resident Patrick Reiland, who saw the scene of the crash shortly after it happened, told FOX 4 News that it appeared the car’s driver had pulled out in front of Bent without looking. Reiland also noted that although Floriday Highway Safety and Motor Vehicles requires drivers older than 80 to renew their license every six years, he thinks stricter laws on senior citizens driving might help prevent accidents.

    “I hate to say it because I am one, but our old people do not look when they drive,” Reiland said. “[We] definitely need testing every two years — and I would like to see that pushed at the state level.”

    Bent was a father with two young daughters. His wife Amanda Bent has set up a GOFundMe page for his funeral expenses.

    If there was negligence on the part of the car’s driver, Bent’s family may have grounds to move forward with a civil Wrongful Death case.

    The Law Offices of Craig Goldenfarb, P.A. is dedicated to protecting the rights of individuals and families that have suffered injuries due to the negligence of others. Our attorneys have more than 170 years of combined experience investigating and representing those who have suffered tragic loss or severe injuries.

    If you know a surviving family member of a person who was killed in a motorcycle crash, please encourage them to give our firm a call immediately. The consultation is completely free, and there is no out-of-pocket cost to the family to hire us.[/vc_column_text][/vc_column][/vc_row]

  • Understanding Uninsured and Underinsured Motorist Coverage

    [vc_row][vc_column][vc_column_text]As discussed in an earlier blog post on Personal Injury Protection, or PIP, and how PIP protects Florida drivers under the state’s “No Fault” laws as it relates to car accident injuries, there are other types of protections that are available through your auto insurance company. These protections can be a little confusing, so here’s another article in a series we are doing about auto insurance in Florida.

    Previous posts in this series: How PIP Insurance Protects Drivers under Florida’s No-Fault Laws

    As mentioned in the last article, Underinsured Motorist coverage, also called by some auto insurance companies “Uninsured Motorist Coverage”, or “UM” for short, is an optional policy that is available in addition to your state minimum auto insurance policy coverage. This policy provides money to you to be used for medical bills if you are injured in a car accident where the other driver has insufficient auto insurance, or is without car insurance entirely.

    UM is a policy option you purchase to protect yourself. If you purchase an Uninsured Motorist policy, you are covered in the event that you are in an accident where the other driver has no car insurance at all. In Palm Beach County, high rates of uninsured drivers are a particularly apparent problem. Hit-and-run rates in the county are also very high, and many times, authorities on the subject say, the typical hit-and-run is a fender-bender that involves an uninsured or unlicensed driver, which causes one or more of the drivers to flee the scene of the accident out of fear of punishment or retribution.

    It’s clear that having Uninsured Motorist coverage is a good investment if you live and drive in Palm Beach County. And it’s not very much money – perhaps an extra $10 or $12 a month in premium, which is well worth the potential policy payout you would be entitled to in addition to your PIP payout.

    But for the Underinsured Motorist Coverage, it’s a little trickier – the payout under these policies is based on a few factors:

    • How much policy coverage you purchase for yourself.
    • How substantial the medical bills that are associated with your car accident are.
    • To what extent the other party involved in the car accident are “underinsured”.

    What does this UM coverage cover, exactly?

    UM coverage in Florida will offer a number of benefits to you and your family members in the event you need it. If you are a passenger in a vehicle that is involved in a car crash, and you have suffered injuries, you may be entitled to the host vehicle’s UM insurance coverage, if it is available. Likewise, if you are driving a vehicle owned by an immediate family member whom you live with, you may also be entitled to the host vehicle UM coverage (provided the other vehicle or vehicles involved in the wreck were at fault).

    It’s important to note that UM coverage may be available to you if you are in a car accident in addition to other coverage – not in replacement of other coverage. But what coverage applies and how it applies is dependent upon the nature or situation of the car accident itself – who was driving, which party was at fault, and the specific coverage outlined in the auto insurance policies of each of the drivers involved. That’s why it’s so important to hire a personal injury lawyer who has experience representing people who are injured in car accidents in Palm Beach County.

    There may be more compensation available for your medical bills and injuries than you realize, but only a good, competent personal injury lawyer can tell you if that’s true or not.[/vc_column_text][/vc_column][/vc_row]

  • Get the Message, Get Safe Motorcycle Safety Campaign Launches

    We won’t bore you with the usual mantras about wearing helmets and speeding less. We are all adults, and we all make our own choices. It’s unlikely that those choices can be swayed by a public service announcement from a law firm.

    For Motorcycle Safety Awareness Month this year, we have been on social media doing something a little different.

    We are spreading facts and statistics that we hope will simply nudge you to think about how safe you are on your bike, and if you can make small chances in your riding behavior that could one day save your life. A few of the ads below were designed to do just that.

    Motorcycle accident statistics are not as well-tracked as motor vehicle accident statistics. In fact, the last time the Florida Department of Highway Safety and Motor Vehicles released updated motorcycle accidents stats was put out updated figures was in 2011. So in that regard, they are sort-of “hidden”, and we want to bring them to your attention.

    Our Facebook ad campaign, Get the Message, Get Safe has been delivering graphics to motorcycle riders with hidden messages that you might not see if you don’t look closely.

    If you see the ads on Facebook this month, be sure to “like” them!

    Here are additional motorcycle safety resources:

    Motorcycles are rarely at-fault
    Motorcycle helmet law stats
    Motorcycle accident crash stats

  • Halifax Health Reports Increased Motorcycle Accident Trauma During Daytona Bike Fest

    As the mass of hundreds of thousands of motorcycle riders in Daytona Beach, Florida disbands following the end of Daytona Bike Fest for 2014, the public is being granted some insight into trauma and hospital admittance statistics for motorcyclists involved in accidents.

    Each year, Halifax Health Medical Center in Daytona publishes a report, commissioned by Trauma Center Manager Kevin Captain, which provides a look into how busy the emergency room ward was. The report is considered conclusive, because Halifax Health is the only trauma unit that services Daytona Beach Bike Week participants.

    The center says it attended to 50 motorcycle crash-related trauma visits during the weeks of March 7th-16th, 2014, while the Bike Fest was in full swing. Last year the center recorded only 44 visits, representing a 12% increase in visits this year.

    Two deaths were recorded by the hospital for patients in care, from injuries sustained following a motorcycle accident. The report also goes into more detail about who the patients were in aggregate. The average age of a patient was 44, with more than 80% of patients being male.

    There really is no concrete evidence for an explanation behind the increase, says Captain. We only know that motorcycle crash and injuries have been on a steady rise since 2000, dipping slightly in 2008, but then again continuing the upward trend since.

    Back in 2000, Florida’s helmet law was repealed, resulting in a steady 21 percent increase in fatalities resulting from motorcycle crashes on Florida roadways over the last 14 years. In 2008, new motorcycle licensing requirements incorporated mandatory safety classes and instruction, which is credited with a 3-year dip in fatalities and injuries.

    But since 2011, the numbers have been again on a steady rise, which judging from the statistics Halifax released last month, shows no signs of abating. For more information on the rise of motorcycle accidents in Florida, click the link for detailed report our firm released recently.

    There are State and Federally-funded public safety outreach programs that are active in Florida, like Survive the Ride and Ride Smart Florida. These programs are aimed at spreading motorcycle safety outreach across the state. But whether or not they are effective will remain to be seen.

    There isn’t much our firm can do to prevent motorcycle accidents at Daytona Bike Fest, but we can provide some help now. If you or someone you know has been involved in a motorcycle accident, call our firm to find out if we can pursue compensation for an injury or death. The call is free, and there is no upfront cost to begin working on your case.

  • Sunshine and Tailpipes: Florida Laws That Protect the Rights of Motorcyclists

    Florida is a beautiful state to enjoy a day on a motorcycle. From the Keys, up the coast to St. Augustine, and across the state to Clearwater Beach or in the Panhandle, Florida offers the serene roadways and weather that were meant to be enjoyed outdoors on a bike.

    However, motorcyclists face a great risk each time they go for that casual ride. When a motorcyclist is in an accident where an automobile or some larger vehicle is involved, the injuries are almost always disproportionately incurred by the motorcyclist. Because the motorcycle is smaller and the rider is physically more susceptible, motorcycle accidents are often catastrophic, resulting in permanent injury or death to the motorcyclist.

    For that reason, it’s important for riders to recognize the importance of motorcycle safety, like carrying adequate insurance and wearing a helmet, and to be aware of the rights afforded to a rider under Florida law if he or she is involved in a motorcycle accident. Below is a small synopsis of some of those rights.

    The right to recovery after a motorcycle accident

    According to a report from the Centers for Disease Control, which is the most recent data available on the subject, motorcyclist deaths doubled over the decade between 1998 and 2008, while motor vehicle crash-related deaths had reached an all-time low.

    This analysis supports the claim that motorcyclists suffer a proportionately greater amount of damages, both physical and economic, when involved in an accident or crash with another vehicle. The same Florida laws that grant automobile motorists the right to recover for damages after an accident also cover motorcyclists.

    Under Florida law, a motorcyclist who is hurt in an accident has the right to pursue monetary compensation up to the policy limits of the other driver’s insurance policy to help pay for benefits like medical care and treatment, lost wages, pain and suffering, and other economic and non-economic losses that occur as a result of the accident.

    A motorcyclist, generally, has up to four years from the date of a non-fatal accident to make a claim against the Defendant, so it’s important to contact an attorney immediately. An experienced personal injury attorney can help the motorcyclist get the medical treatment they need to recover, at no-cost up front. If the motorcyclist has been killed in an accident, the surviving family has only two years to file a lawsuit.

    Right to recover from uninsured/underinsured coverage

    Sadly, we are all familiar with “hit-and-run” incidents, where a negligent driver causes personal injury or property damage in an accident, but then flees the scene. If a motorcyclist is hit by an unidentified or uninsured driver, he may still recover compensation from his own Uninsured or Underinsured Motorist Coverage (UM) part of his insurance policy.

    To find out whether compensation for injuries may be obtained in this scenario, it’s important to speak with a qualified personal injury attorney immediately following the incident. The longer you wait, the less effective your attorney might be in pursuing a claim for you.

    “Threshold” requirements to recover money for pain and suffering

    The “Threshold” is a legal standard in Florida law that requires a Plaintiff to demonstrate a permanent impairment or death in order to attempt to collect monetary benefits for non-economic damages like pain and suffering or loss of enjoyment of life.

    Because of the nature of motorcycle accidents described in this article, which often cause tremendous personal injury to the rider, this legal barrier is sometimes easier to overcome. Sadly, permanent disfiguration or complete and total loss of limb or life is not uncommon for today’s motorcyclists who are involved in an accident.

    Florida tort law is designed to protect motorcyclists and riding enthusiasts from the careless behavior of others, just as it does for the driver or passengers of an automobile. Because of often excessive damage to personal property and life that is so common in motorcycle accidents, motorcyclists need to be always aware that Florida law protects them.

    Contacting a reputable, experienced personal injury attorney following a motorcycle accident in Florida is the smartest decision a rider can make, aside from buying the right insurance coverage and wearing a helmet while riding.