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Hit and Run Motorcycle Accidents

Motorcyclists in the State of Florida and other states are among the proudest and hardest working people in our community. Some motorcyclists ride every day and it is ingrained as a major part of their lives. Other rides are more weekend riders or occasional rider. Motorcyclists have the right to ride their bikes on our roads, highways, and streets. This right should be protected and honored. It is quite disturbing when a motorcyclist is seriously injured as a result of a "hit and run" type of accident. Any time that there is a crash or incident involving a motorcyclist, there is a high risk of serious personal injuries and all motorists involved with such a crash or witness such a crash should stop to render help as needed and contact the local police and fire rescue for assistance. In Florida, it is a crime to flee a scene of an accident with injuries. It is also a moral violation or crime to leave an injured motorcyclist in distress at an accident scene.

According to the Florida Department of Highway Safety and Motor Vehicles, there were over 180 driver, passengers, motorcyclists, pedestrians, and bicyclists who died as a result of a hit and run accident in Florida in 2015. In response to such an alarming figure, the Florida Highway Patrol put a campaign in place titled "A crash is bad . . . leaving the scene makes it worse." In most automobile / motorcycle accidents, no crime is committed when simple negligence caused the accident. For instance, when there is a rear end accident without excessive speed or alcohol, a civil traffic citation may be issues; however, it would be uncommon to see an arrest under this simple and common fact situation. If a driver flees the scene, then a simple negligent act turns into a criminal act which can subject the fleeing driver to arrest, driver's license suspension, fines, restitution, community service prosecution, and jail or prison time.

Section 316.027, Florida Statutes, Crash Involving Death or Personal Injuries, makes it a crime to leave an accident scene which results in serious bodily injury to a person. It is interesting to note that the statute defines a motorcyclists as a vulnerable road user under Section 327.027 (b), Florida Statutes.

There are many challenges and issues that are presented in the aftermath of a hit and run accident. In some instances, the at-fault driver and the at-fault vehicle are unfortunately never identified or located. Under these circumstances, the injured motorcyclist must then depend on the motorcycle and automobile insurance (if applicable) that will provide benefits to the injured motorcyclists. It is very helpful under these circumstances for the injured motorcyclist to have access to PIP (Personal Injury Protection) and Uninsured Motorist Insurance (UM). If the at-fault driver is located, it is helpful if the at-fault driver had Bodily Injury insurance in place. The policy limits for Bodily Injury Insurance can range from $10,000 to $1,000,000 or more. While a motorcyclist who is injured through no fault of his or her own is entitled to justice and compensation, the amount and type of insurance in place and available to the injured biker can and does have a significant impact on the pursuit and result of the civil case or claim on behalf of the injured biker.

In the aftermath of a hit and run accident causing injuries to a motorcyclist, there are a myriad of issues involving legal matters and insurance. As such, it is typically to the benefit of the injured biker and the family to retain the services of an experienced Florida Motorcycle Accident Attorney.

David A. Wolf has proudly represented accident victims including those involved in motorcycle, automobile, trucking, bicycle, and pedestrian accidents. David A. Wolf has dedicated his 27 year career to the protection and enforcement of individual rights. He is the author of 12 books and over 3,500 articles that focus on the legal rights of victims injured as a result of the fault or negligence of others. Contact David A. Wolf today. Get D. Wolf On Your Side - At Your Side.

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