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Tampa Personal Injury Law Blog

Motorcycle rider killed in fatal Florida motorcycle accident

In Florida, motorcyclists can be traveling on the roadways essentially year-round. Even though motorists are accustomed to sharing the road with these small vehicles, this does not always mean that they cautiously take note of them. Whether it is due to distractions or negligence, a motorcycle crash could be the result of a driver failing to uphold their duty to drive safe. Nonetheless, the legal process provides remedies for motorcycle accident victims and their families.

According to recent reports, a motorcycle rider killed in fatal motorcycle accident in a Florida community is being remembered following her death. The 25-year old victim was killed when a 52-year old driver made a sudden left turn in front her motorcycle, striking and killing her. The victim was thrown from her motorcycle as a result of the collision. The driver said he never saw the motorcycle before striking it. The driver was not arrested and police did not comment on what charges the driver may face.

The dangers of distracted driving

Distracted drivers are a growing problem that will continue to increase in scope as technology advances and is used more frequently. Distracted driving includes anything that removes the driver's focus and attention from the roadway. In general, there are three types of distracted driving. Distracted driving includes manual distraction that cause the driver removing their hands from the wheel, visual distraction that cause the driver removing their eyes from the roadway and cognitive distraction that involve activities that remove the driver's mental focus and mind from the task at hand.

As a result, distracted driving can take on many forms. It can include cell phone use and texting. Texting can be particularly serious because it involves all three forms of driver distraction. In addition, distracted driving can include eating, grooming, reading, adjusting the radio or navigation device, adjusting climate controls, visiting with passengers, attending to children or driving while fatigued, which can all amount to driver distraction.

Tampa thoroughfare eyed for safety redevelopment

Tampa residents are likely familiar with the busy thoroughfare that is Fowler Avenue. The roadway is populated with a number of large employers but does not provide a significant amount of safety for pedestrians or bicyclists. The crosswalks are not abundant and are significant distances apart. Additionally, the sidewalks do not boast any shade for pedestrians, and sidewalks are separated from the road by ditches that have been overgrown. Bicyclists travel in a bicycle lane only separated from other traffic by a white line.

Based on reports, the road is one of the most dangerous in Hillsborough County and is especially unsafe for pedestrians and bicyclists. During 2016, one pedestrian was injured and three other bicyclists were also injured in auto-pedestrian accidents and bicycle accidents spanning a 2-mile stretch of the 8-mile road. The accidents occurred in front of a local university, and the street is hardly one that the growing number of residents and citizens who would rather walk or bike than drive want to use or feel safe using.

What is considered drunk driving in Florida?

In Florida, it is illegal to drive while impaired, but some drivers may wonder exactly what that means. The legal blood alcohol content level limit in Florida is .08, and drivers who drive with blood alcohol content level equal to or above this limit may face criminal consequences and penalties. Additionally, they may also face other legal consequences, including a claim for damages brought by the victim or victim's family for negligence. Criminal charges or citations may be used as evidence of negligence if a claim for damages is brought against the drunk driver.

Because of the increased risk of harm and serious damages that commercial vehicles can cause, drivers of commercial vehicles are subjected to higher standards. Drivers of commercial vehicles may be considered impaired if they have a blood alcohol content level of .04 or greater when driving. Injuries and harm suffered by victims of drunk driving accidents can be significant and may impact them physically, financially and emotionally for the rest of their lives.

Know the signs of distracted driving

You can do everything in your power to keep yourself, your passengers and all others in your vicinity as safe as possible when you get behind the wheel to drive. And sometimes you can prevent another person's poor choices on the road. For instance, if your friend has had too much too drink, you may be able to convince him or her to hand over the keys.

If an intoxicated person is someone you don't know who just happens to drive near you, however, that's an entirely different situation. Drunk driving takes many innocent lives every year. But, DUI isn't the only form of driving negligence or distraction. Knowing what to look for in drivers may help you prevent disaster.

Victims of head injuries have legal protections

Victims of accidents can suffer a variety of serious and catastrophic injuries in motorcycle accidents, car accidents, truck accidents, bicycle accidents, commercial vehicle accidents and drunk driving accidents. Head injuries are one of the most serious injuries victims of traumatic accidents can suffer. Brain injuries can have devastating consequences for victims and can be challenging to treat.

Traumatic brain injuries occur when the victim suffers a head injury in a traumatic accident. Brain injuries can be open or closed injuries. At first, brain injuries can be challenging to detect and may not be immediately noticed following a serious accident. In addition, brain injuries can result in mental and physical symptoms. Brain injuries may make daily activities difficult for victims and may impair their ability to work following the injury and in the future.

Florida drivers second worst in country for distracted driving

A recent study revealed that Florida drivers rank second in the nation for distracted driving. According to a representative for the company that collected the data, fatalities have increased due to phone use. Each day in the United States, 1,161 victims are injured and others are killed in car accidents involving a distracted driver, according to the Centers for Disease Control and Prevention. In addition, a representative also noted a link between prohibitions of phone use while driving and safer driving.

Texting while driving is not a primary offense in Florida. Drivers, however, can be cited for texting and driving in Florida if they have committed some other traffic offense. When a distracted driver has caused an accident resulting in injuries and harm to victims, citations and criminal charges may be used against them as evidence of negligence if the victim brings a claim for the physical, financial and emotional damages suffered.

Tampa motorcycle rider injured; drive of vehicle cited

While traveling by motorcycle can be a very enjoyable activity during the warm months, it is also a form of transportation that is vulnerable to many risks and dangers on the roadways. Inattentive drivers can place motorcycle riders in danger on the roadways. This could result in a serious motorcycle crash, causing a rider to suffer injuries, damages and even death.

According to recent reports, a motorcyclist suffered serious injuries. As a result, the driver of a passenger vehicle was cited following the Tampa motorcycle accident. The driver of the passenger vehicle was traveling west and was in the left turn lane as the motorcycle, traveling eastbound, approached. The driver of the passenger vehicle made a left-hand turn into the oncoming path of the motorcycle and struck the motorcyclist.

Help for pedestrians injured on highways

Accidents involving pedestrians can occur anywhere, including on interstate highways. As is always true, pedestrians are required to exercise due care on the roadways but it is also incumbent upon drivers to exercise due care as well for the safety of others on the roadways. In Florida, victims injured in any type of accident can recover damages to the full extent of the harm they have suffered, which will only offset by their own liability, if any, to the extent they are liable.

When a negligent driver fails to meet the standard of care expected of drivers on the roadways and causes harm as a result, they may be liable to victims and their families, in some situations, for the harm that results. Additional parties may also be liable in circumstances when a pedestrian has been harmed on a highway. While highways may not have specific crosswalks like other roadways pedestrians may be injured on, pedestrians are still protected from harm and may be able to pursue a claim for damages in either instance if injured in a pedestrian accident.

How common are drunk driving accidents?

There is no question drunk driving incidents are dangerous, but you may wonder how common they are. During 2010, there were a total of 17,480 traffic accidents in Hillsborough County. A total of 1,976 of the car accidents in Hillsborough County were alcohol related. Though the number of traffic accidents is declining, of the total 21,722 traffic accidents in Hillsborough County during 2004, for example, 1,432 car accidents involved alcohol-related injuries.

The majority of car accidents in Hillsborough County are accounted for by the city of Tampa. The total number of car accidents in Tampa during 2009 was 6,788. Of those car accidents, alcohol was a factor in 480 accidents. Tampa registered at number 3 for the number of car accidents during 2009, having only fewer car accidents than 2 other Florida cities that year. Mothers Against Drunk Driving additionally reports that there were a total of 31,783 DUI arrests in Florida. Drunk driving accidents can have unexpected, immediate and devastating consequences on victims and their families.


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