Motorcycle Fatality on Bridge
A motorcycle accident on the Courtney Campbell Causeway took the life of one motorcyclist. This accident was reported to have happened at approximately 9:30 p.m. between two motorcycles. WFLA news reports that investigators have determined that a male motorcyclist passed a female motorcyclist but lost control immediately after making the pass. Thereafter, the female motorcyclist was unable to avoid an impact with the male motorcyclist who lost control directly in front of her. It was reported that prior to impact that she did attempt to avoid the collision. The female motorcyclist was taken to St. Joseph's Hospital in Tampa where she was pronounced dead. The male motorcyclist was taken to Bayfront Medical Center and is reported to be in critical condition. The news media reports that FDOT had to make repairs to the roadway due to the damage caused by the accident.
Photo by WFLA News/Tampa
This type of accident seems to happen all often where the person where the person who dies is the person who did not cause the accident. Notwithstanding, this accident is a wrongful death under Florida law as the male motorcyclist's negligence seems to be the cause of this collision. The question or issue in a case such as this is whether there is liability insurance. It is important to say that Florida does not require motorcycle drivers to carry liability insurance. The decision to allow this is political and controlled by the powerful insurance lobby. Motorcycle liability insurance is something that should be required by law in Florida and a change in the law is needed to protect the public from injury or damage when a motorcycle accident occurs. The evidence for this is that chapter 324, Florida Statutes, includes a motorcycle in its definition of "motor vehicle." Pursuant to section 324.021, Florida Statutes, the owner of a motor vehicle is required to be able to "respond in damages" of at least $10,000 in the event that they are legally responsible for an accident or that person's driver's license can be suspended.
However, when you go to the statutes regarding motor vehicle insurance in chapter 627, Florida Statutes, you will find that motorcycles are not included in the definition of "motor vehicle." Section 627.732, Florida Statutes defines "motor vehicle" as "any self-propelled vehicle with four or more wheels which is of a type both designed and required to be licensed for use on the highways of this state..." To be fair, insurance companies will sell a motorcycle liability policy with full coverage, but, you must be aware that your motorcycle policy does not apply while driving your car and your car insurance policy does not apply while riding your motorcycle. I have seen numerous instances where people thought they had good coverage for their motorcycle when in reality they only had "good coverage" while operating their car and were essentially uninsured on their motorcycles.
While I can understand why an insurance company (whose function despite claims to protect is really just a for-profit business interested in making profits) would want to limit their exposure on motorcycle claims. However, if the purpose of the law is to mandate liability insurance for dangerous instrumentalities such as cars and motorcycles, then there should be no difference between the insurance requirements. I suggest that the real reason that motorcycle insurance is not required in Florida is because the costs of medical expenses are more frequently astronomical in motorcycle accident cases as opposed to car accident cases and insurance companies would rather pass the higher costs of medical care in motorcycle accident cases to health insurance, Medicare, or Medicaid (a/k/a the taxpayers).
Regardless of public policy, if you or a loved one has been involved in a Central Florida motorcycle accident, please contact a Central Florida motorcycle accident lawyer for a free consultation and assistance with the process of dealing with the insurance companies.
