Right of Way Violations Cause Injuries to Motorcyclists
Under Florida law, a motorcyclist has the right to see damages / compensation for personal injuries that are suffered as a result of the negligence, carelessness, or recklessness of another driver. Many motorcycle accidents result from a violation of the right of way of the motorcyclist. Other drivers should "Watch Out for Motorcyclists" and should "Look Twice for Motorcyclists". Unfortunately, many drivers fail to see or observe motorcyclists on the roads, streets and highways. Many motorcycle accidents result from the violation of the right of way of the motorcyclist.
One common right of way violation involves an errant or dangerous left hand turn in the path of travel of a motorcyclist. Pursuant to Section 316.122, Florida Statutes - Vehicle Turning Left, a driver has the duty to yield the right of way to approaching traffic.
As such, when a motorcyclist is proceeding straight along a roadway, a driver attempting to turn left shall yield the right of way to the motorcyclist. The violation of the right of way of the motorcyclist occurs for a variety of reasons on the part of the negligent driver including but not limited to speed, inattention, and distraction. Many such violations of the right of way of the motorcyclist take result in injuries to the motorcyclist even if the vehicles (motorcycle and car) do not collide. A motorcyclist often takes evasive measures to avoid the crash with the vehicle but still result in the motorcyclist losing control of the motorcycle and suffering personal injuries.
Another common right of way violation involves the lane change attempted by a driver into the right of way or path of travel of the motorcyclist. Pursuant to Section 316.085 (2), Florida Statutes - Limitations on Overtaking, Passing, Changing Lanes, and Changing Course, a driver shall change lanes only when it is safe to do so without the interference of traffic in the adjacent lane.
Again, drivers often do not notice or see motorcyclists on the roadway until it is too late. Drivers should respect the right of way and presence of motorcyclists on the streets. If drivers reduce their speeds and increase their attention on the primary task at hand (driving), then many lane change or right of way accidents with motorcyclists can be avoided.
A right of way motorcycle accident can result in serious personal injuries to the motorcyclist and a rider (passenger) on the motorcycle. In the aftermath of a motorcycle accident, the injured biker is faced with a number of challenges including but not limited to medical bills, immediate medical treatment, and follow up medical treatment.
Insurance companies often challenge the injuries resulting from a motorcycle accident. Furthermore, a settlement for motorcycle accident related personal injuries takes time to complete. It is important that the personal injuries are well documented and that the claim and case are properly presented to the insurance company.
Let's face it. Insurance adjusters work for insurance companies and are quite loyal to their employers. It is important for a motorcycle accident victim and family to have an advocate in place in the form of a Florida Motorcycle Accident Attorney.
If you or a family member has been injured as a result of a right of way violation in a motorcycle accident, contact David A. Wolf to get legal representation in place as soon as possible. David A. Wolf has represented injury victims for over 26 years in a variety of incidents and accidents including motorcycle accidents. Get D. Wolf On Your Side At Your Side.