Fort Myers motorcycle accident lawyer

Published on: February 17, 2023

Why Fort Myers Motorcycle Accident Claims Are Trickier Than Your Typical Crash Case

No two crash claims are going to be exactly the same. And Florida motorcycle accident claims especially tend to be a bit more complicated than your “typical” crash case (to the extent such a thing exists). There are a few reasons for this, as our Fort Myers motorcycle accident lawyers will explain further down.

Last year, in 2022, the Florida Department of Highway Safety & Motor Vehicles reported there were a total of 9,009 motorcycle crashes in the State of Florida. (Those are preliminary figures, which means they could ultimately increase.) Those collisions were associated with 7,765 injuries and 574 deaths. This means that of the more than 3,100 fatal total crash deaths recorded in Florida over the previous 12 months, 27 percent were motorcyclists. Of the total number of people injured in Florida traffic accidents, 5 percent were motorcyclists. This is despite the fact that motorcycles make up just 3 percent of the state’s total registered vehicles and account for just 1 percent of total vehicle miles traveled.

Florida has the unfortunate (though deserved) reputation of having one of the country’s highest motorcycle accident rates. Being one of the most populous states, of course there are going to be more crashes overall. However, even when controlling for population, the motorcycle injury and death rate is high. Part of this has to do with Florida being a destination for riders from across the country. We also have year-round sunny weather that’s ideal for riding, so residents and tourists alike tend to ride more. High speed limits and widespread driver distraction don’t help.

Published on: March 17, 2022

Vicarious Liability in Florida Motorcycle Accidents

by Leland Garvin

South Florida motorcycle accidents lawyer In Florida motorcycle accidents, there can be numerous defendants – sometimes including those who weren’t actually behind the wheel. In a recent motorcycle accident lawsuit that settled mid-trial for $1 million, the defendants included the driver as well as the owner of the vehicle, which in this case was the driver’s employer, a commercial cleaning company. They were held responsible by a legal doctrine called vicarious liability.

As our Fort Myers Motorcycle Accident Lawyers can explain, vicarious liability is the legal term for when one party is held responsible for the unlawful actions of another. Vicarious liability is relevant in auto accident cases wherein one party is responsible for/has control over a third party or a type of property.

There are several ways in which third parties can be held vicariously liable for Florida motorcycle accidents. The two applicable in this case are the liabilities imposed on employers and vehicle owners in Florida. Continue reading

Published on: February 18, 2022

Are Food Delivery Drivers More Prone to Florida Distracted Driving Crashes?

by Leland Garvin

Food delivery services, such as Uber Eats, Grubhub, and DoorDash, have been doing booming business in recent years. The online food delivery industry is now generating more than $26 million annually, and nearly one-third of Americans say they used food delivery services twice a week. But as their popularity has risen, so too have reported Florida distracted driving crashes attributed to their drivers.

Last year, there was the tragic case of an Uber Eats driver allegedly slamming into the back of a motorcycle in Tampa, killing a 19-year-old University of Tampa student on the rear of the bike and permanently injuring her brother, the operator. The 33-year-old food delivery service driver was reportedly on her phone making a delivery near campus when the crash occurred. According to The Tampa Bay Times, the police cited the driver for failure-to-yield, but the citation was tossed when the traffic officer failed to appear in court – a ruling the police department is appealing. No criminal charges have been filed, but the victim’s family has filed a wrongful death lawsuit. They allege Uber, its subsidiary, and the driver are all liable for their daughter’s untimely death. Specifically, they say the driver was rushed and inattentive/on her phone, and that Uber is negligent in failing to train her and for encouraging driver distraction with a feature that prompts workers to communicate with customers while they’re driving. Plaintiffs also say the company hired the driver despite a poor driving record that included citations for speeding, carelessness, and a crash.

Similar cases have been reported from Boston to San Francisco. There are currently numerous, ongoing personal injury and wrongful death lawsuits against the drivers, vehicle owners, and delivery app companies.

Factors in Food Delivery Driver Crashes

The reality is food delivery drivers have always been slightly more prone to crashes, even before smartphones were everywhere. In fact, they have one of the highest occupational fatalities rates in the U.S. Primary factors driving up crashes for food delivery drivers: Continue reading