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Nicoletti Walker Law Group July 10, 2014

A serious crash last week in Davie, Florida, between a van and a motorcycle has resulted in the death of the rider of the motorcycle. The 21-year-old man riding the motorcycle struck the van as the van was turning left into a parking lot. The collision caused the motorcyclist to be thrown at least 100 feet. According to witnesses who saw the crash, the motorcycle was traveling faster than the posted 45 miles per hour speed limit. The crash was captured on the security cameras of a nearby store. The videotape did show that the motorcycle was traveling at high speeds when it slammed into the turning van. One witness claimed that the motorcycle was traveling as fast as 90 or 100 miles per hour.

How Pure Comparative Fault Works in Florida

Florida is what is known as a“pure comparative fault” state, which means that even if you are 99% at fault for causing an accident, you can still recover damages for the 1% caused by another party. In the case of the tragic motorcycle crash that just occurred in Davie, Florida, this means that the estate of the deceased motorcycle rider would be entitled to recover damages from the driver of the van if the driver of the van was deemed negligent when it turned left into the parking lot. There are a few different ways that the driver of that van might have been negligent. The driver might have failed to use the van’s turn signal, turned left when he did not have the right-of-way, or acted in any other way that did not meet the standard of care that he owed to the motorcyclist. Even if the motorcyclist was largely at fault for driving at a dangerous speed, the driver of the van also may have been partially at fault for the motorcyclist’s death.

Always Exercise Due Care When Riding Your Motorcycle

When you are riding your motorcycle, it is always important to not only exercise due care to protect yourself and people around you, but also to make sure that you will not be held legally liable in case you are involved in an accident. Some things you can do to safely ride your motorcycle include making sure your headlight works and is always on, using reflective strips or decals on your clothing, and flashing your brake light when you are slowing down and before stopping. You should also try to avoid weaving between lanes, watch for turning vehicles, signal your moves in advance, and give other motorists the time and space that they need to respond to you. Finally, dress smartly by wearing a quality helmet and eye protection, brightly-colored clothing and a light-colored helmet, and thick clothing that covers your arms, legs, and ankles.

If you have been injured in a car or motorcycle crash, even if you are partially at fault for the accident, contact the Clearwater personal injury attorneys at Mike Walker Law. We can help you understand the relevant Florida law, and will help you secure the compensation to which you are legally entitled.