Few details were available about an Orlando collision which killed a 22-year-old motorcycle rider.
This wreck happened at the intersection of Clarcona and Red Bone. According to the Florida Highway Patrol, a left-turning driver moved directly into the path of an oncoming motorcyclist. The force of the collision ejected the rider from the bike. He was rushed to a nearby hospital where he was subsequently declared dead.
None of the names were released.
Left Turn Motorcycle Wrecks
According to the landmark Hurt Report, unsafe left turns account for more than a third of the fatal motorcycle accidents in Florida. These wrecks usually combine failure to look with sudden acceleration.
Typically, the tortfeasor (negligent driver) is making an unprotected left turn against traffic. Partially because so many people drive large vehicles which are difficult to see around, and partially because many people do not adequately watch for motorcycles, the tortfeasor turns left directly into the path of the oncoming motorcycle. A collision is inevitable at that point.
Making matters worse, most tortfeasors quickly accelerate into the turn. Speed multiplies the force in a collision between two objects. As a result, what might have been a fender-bender collision which only causes property damage becomes a serious injury or fatal collision.
In terms of liability, left-turn wrecks could involve the ordinary negligence doctrine or the negligence per se rule.
Ordinary negligence is essentially a lack of care. Failure to maintain a proper lookout clearly falls below that standard. Negligence per se is the violation of a safety law. If the tortfeasor broke a safety law and caused damages, the tortfeasor is presumptively liable for the crash.
Florida is a no-fault insurance state. If a crash only caused minor damage, the amount of compensation is limited. Additional compensation is available if the victim sustained a serious injury. The Florida Insurance Code defines a serious injury as:
- Permanent injury,
- Significant disfigurement, or
- Permanent loss of an important bodily function.
The “permanent injury” provision applies in most cases. As a rule of thumb, if your car was not drivable after the accident, you probably sustained a serious injury. Most physical and emotional car crash injuries never completely heal.
This additional compensation usually includes money for noneconomic losses, such as pain and suffering, loss of consortium (companionship), emotional distress, and loss of enjoyment in life.
Motorcycle wrecks often cause serious injuries. For a free consultation with an experienced motorcycle accident lawyer in Orlando, contact The DeWitt Law Firm, P.A. We do not charge upfront legal fees in injury cases.