Fort Lauderdale motorcycle accident lawyer Tag Archives

May 1, 2023

Winning Florida Motorcycle Accident Lawsuits Just Got Harder

There was a reason motorcyclists were motivated by the hundreds in a show of political might to cram into the Florida Capitol building last month: Tort reform. motorcycle accident lawyer

The controversial bill (House version HB 837 and Senate version SB 236) was fast-tracked through the legislature and signed by the governor within hours of it hitting his desk. It undercuts a laundry list of rights for personal injury plaintiffs – but those in Florida motorcycle accidents will suffer a particularly outsized impact.

Essentially, the measure imposes sweeping limitations on Florida lawsuits, most of those broadly and unapologetically shielding insurers and big businesses from payouts in injury cases – at the expense of those most seriously hurt. Many of the motorcyclists who turned up to protest, according to the Tallahassee Democrat, are “diehard, staunch DeSantis supporters, Trump supporters, and lifelong Republicans.” But as several of them noted, “This is bad for everyone.”

What exactly is the change motorcyclists are most upset about? The shift in the comparative fault standard.

As our Fort Lauderdale motorcycle accident lawyers can explain, for years under F.S. 768.81, Florida followed a system of pure comparative fault. Essentially, that means everyone is responsible for their own share of the fault. If you are hurt in a car accident and are 40 percent responsible for what happened, you can still hold the other driver accountable for their 60 percent share of the blame. In a pure comparative fault standard system, this fair share liability principal goes all the way to 99%/1%. So if a plaintiff is 99 percent liable and the defendant 1 percent, the plaintiff can still collect on that 1 percent in damages. (That’s not an ideal outcome, of course, and injury lawyers paid on a contingency fee basis were already less likely to take on weaker cases for this reason, as they are paid a portion of the damages ultimately paid out. This is one of the reasons the argument about “frivolous lawsuits” being problematic holds little water. It’s not easy to win – or get paid – for a Florida injury lawsuit that isn’t strong on its merits.)

This new law turns pure comparative fault on its head. Now, Florida has a standard of modified comparative fault with a 51 percent bar. This means that if the plaintiff is more than 50 percent responsible for their injuries, they can’t collect a dime from the other at-fault party. So if the other driver is 49 percent at-fault, they pay nothing. The financial burden rests solely with plaintiffs.

Why do motorcyclists care so much?

Because a motorcyclist can be faulted for their own head injuries if they don’t wear a helmet. Continue reading

November 11, 2016

Motorcycle Riders in Construction Zones Face Hazards

By Ansara Law Personal Injury Attorneys

Community growth can be seen in almost every area in South Florida. This growth means we need to expand our roads, update our bridges and install new traffic features. All of this involves construction as a near constant element of our commute. For motorcyclists, riding in construction zones can be especially hazardous.

According to the U.S. Department of Transportation, there were approximately 68,000 collisions reported in work zones nationwide. A higher proportion of fatal work zone crashes occur on the interstates, followed by urban arterials. Motorcyclists in construction zones have to continuously scan for debris, milled road surfaces, steel plates, loose gravel, road sealants and other dangers that could result in an edge trap (a sudden cut or drop in the road that might catch the tire of the bike).

We’re seeing more of these instances as construction picks up and we have more people riding motorcycles than ever before. The Federal Highway Pavement Monitoring System reports there was a 90 percent uptick in motorcycle registrations between 1997 and 2007, and motorcycle crashes overall make up an increasing percent of roadway fatalities and serious injuries. Just recently, a motorcyclist critically hurt in a construction zone settled his lawsuit against the state DOT, its construction contractor and a dump truck driver for $18.5 million. Continue reading

October 23, 2016

$7M Motorcycle Accident Lawsuit Filed by Widow Against Driver, Car Owner, Bar

By Ansara Law Personal Injury Attorneys

The widow of a man killed in a motorcycle accident earlier this year has filed a wrongful death lawsuit against three defendants: The driver of the vehicle, the owner of the vehicle and the bar that served the driver alcohol prior to the crash.

The Times Free Press reports that the fatal accident, which happened in Tennessee in May, occurred when a 33-year-old reportedly left a local nightclub behind the wheel of a friend’s BMW. He reportedly had just been in an argument with his girlfriend when he pulled out into traffic from the parking lot and immediately struck an Ironhorse motorcycle driven by decedent. The 60-year-old rider, who hours earlier had attended his daughter’s high school graduation, was pronounced dead at the scene by first responders. Henry Cofrancesco, the driver of that car. refused to undergo field sobriety tests at the scene, but police obtained a warrant to conduct a non-consensual blood draw. He was arrested four months later on charges of vehicular homicide, DUI, cocaine possession and leaving the scene of an accident/ failure to render aid.

Now, decedent’s widow and child are seeking damages for wrongful death and loss of consortium. The lawsuit alleges staffers at the nightclub knew or should have known how drunk Cofrancesco was and failed to stop serving him and/ or stop him from driving. The owner of the vehicle is accused of negligent entrustment for allowing Cofrancesco to drive the vehicle, despite his state of impairment. Continue reading