Legal Question in Traffic Law in Florida

Motorcycle accident

I was in an accident this past Sunday. I stopped at a stop sign in a residential neighborhood. Looked, didn't see any vehicles and proceeded through the intersection. A split second before impact I saw a motorcycle coming at me, then crash into the rear driver side of my minivan.

The rider was not wearing a helmet although it was strapped to the back of his bike. He suffered from a cranial fracture, broken arm and still remains in a coma. The preliminary police report did not find me at fault. Several witnesses said they heard the bike shifting thru gears before impact, indicating he was speeding. There was also a witness confirming I made a complete stop at the sign.

The accident is still under investigation, it may take up to 30 days. I have no information on the rider as far as if he was intoxicated, if he has insurance, or even has a license (he has a criminal record of driving w/o a license). Today I received a letter informing that our policy only carries $25,000 limit for bodily injury & we may want to consider consulting an attorney. We are worried about the road that lies ahead with so many questions hanging in the air. Can anyone help with giving possibilities or scenarios that may arrise.


Asked on 8/10/07, 2:04 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Motorcycle accident

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The insurance company is notifying you as a precaution and to cover thier proverbial butts in case a suit is filed against you. They will have to provide a defense but if the damages which could be awarded are in excess of $25,000.00, they will not be liable for any excess of their policy limits.

You can probably safely wait for the investigation to finish. If the other driver is found to be at fault, it is often hard for that driver to find an attorney to take on a case unless the injuries and resulting damages are quite serious which you did not discuss. You can always hire an attorney at a later time if you feel the need.

Scott R. Jay, Esq.

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Answered on 8/10/07, 11:39 pm
Philip Friedman Bonifield, Friedman & Leifer, P.A.

Re: Motorcycle accident

please contact a personal injury attorney. good ones will be willing to speak with you about this incident, and the potential ramifications without charging you a consultation fee. You have legal defense rights under your policy and the police investigation findings will not be the ultimate determination of fault, that is for a jury.

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Answered on 8/10/07, 2:15 pm
Thomas Rosenblum Rosenblum Law Offices

Re: Motorcycle accident

Hello:

I read an answer to your question to see if there was anything to add. As such, I would suggest you would only need to see a personal injury atty. if you were injured in the accident. You didn't mention that you or a passenger had been injured.

I submit your isurance will cover your property damage and then go after the other guy if they feel he was at fault. Also, if he sues you, which you can only wait and see, your insurance should hire atty.'s to defend you. His potential atty. will have a tough case....serious injuries to his client, but liablity for the accident may be his!

Your insurance may be advising to consult an atty. because if he were to get a jury to find some fault on your part, you may owe more than they are obligated to pay. Thus, you may want to insulate your assets where that is legal. But they should provide your defense counsel for any litigation. Ask them to clarify that.

'hope this helps. Good luck. Tom Rosenblum

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Answered on 8/10/07, 6:01 pm


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