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By jmaroney on May 6, 2009
Yesterday, we talked about the tendency of war veterans to have automobile accidents and motorcycle crashes within the first eighteen months after returning home from war. We really want to encourage all riders to have Uninsured Motorist coverage on their automobiles that is “stacked.” Even if you cannot afford Uninsured Motorist coverage on your motorcycle, be sure to have stacked Uninsured Motorist coverage on your cars. Frequently, this will also apply on your motorcycle if you are hit by an uninsured or under-insured driver.
Since reading AutoWeek Magazine concerning the tendency to have motorcycle accidents after returning from war, it has occurred to me that we also represent many police officers who ride high performance motorcycles when off-duty. We want to encourage all law enforcement officials as well as all other motorcycle riders and veterans to please be careful and not allow the danger of your work to make you feel less vulnerable to the tendency of automobile drivers to pull out in front of a motorcycle.
By jmaroney on May 5, 2009
AutoWeek Magazine recently reported that car crashes are the single greatest cause of death for a veteran in the first eighteen (18) months after returning home from overseas. Autmobile and motorcycle crashes are happening more and more with veterans returning from Iraq. A newly returning veteran is thirty-five times more likely to die on a motorcycle in the first year back from the war than the general population. Somehow, the training and sense of invincibility of a war veteran contributes to the tendency to have an accident. We have recently learned that the Barber people who run the Super Bike School in California have donated four (4) Super Bike Riding-School tuitions and four (4) high-performance driving-school tuitions for eight (8) soon to return members of our military. AutoWeek Magazine reports that even if one life is saved, it is well worth the effort. We want to thank Skip Barber Schools, along with AutoWeek, for reporting this tendency and for trying to help.
By jmaroney on March 6, 2009
Just Another Piece of Advice Concerning Motorcycle Accidents
Hopefully, everybody is having a great time at Bike Week. The weather is beautiful here this weekend.
Just another piece of advice concerning accidents and medical bills: Because the no-fault law does not apply to motorcycles, there is some issue concerning who is going to pay your medical bills. Health insurance companies tend to delay paying bills when there is a motor vehicle accident because the no-fault laws in most states make automobile insurance primary over health insurance. Your health insurance company will need to be educated concerning their obligation to pay all medical bills from the very beginning unless there happens to be medical payment coverage on the motorcycle. Then, that coverage would come first.
When we represent someone who has been involved in a motorcycle accident, because there typically is no insurance for medical bills on the motorcycle, we try to find competent physicians who will treat and agree to be paid when the case is resolved. If you have any questions concerning medical bills, health insurance, automobile insurance, motorcycle insurance and those types of things, please feel free to call me anytime for free advice. You do not need to hire me to get advice concerning these types of things.
By jmaroney on February 27, 2009
National Highway Traffic Safety Administration Statistics
As you travel to Daytona and enjoy Bike Week here in Florida, including the Orlando area, please remember to wear your helmet. Also remember to have uninsured motorist coverage available on your motorcycle. The National Highway Traffic Safety Administration conducted a study three (3) years following Florida’s decision to repeal its mandatory helmet law in 2000. There were 933 motorcyclists killed. The number of Florida motorcycle deaths increased 81%, an increase from the 515 bikers killed from 1997 – 1999. While Florida law requires helmet use by riders under 21, fatalities nearly tripled in the three (3) years after the repeal, and 45% of those killed were not wearing helmets. While some of this can be explained by more motorcyclists on the road, along with more racing and other activities, the importance of wearing a helmet cannot be ignored. I know it is really fun to go without a helmet and to enjoy the air and freedom. However, if you are riding in an area where there are automobiles, trucks and especially young drivers on the road, unaware of motorcycles, it is always best to wear a helmet. I remember when I graduated from law school, still in Gainesville, a “cager” actually looked at me, acknowledged that I was on a motorcycle heading towards her, and still made a left turn in front of me. I don’t know to this day what was going on in her mind, but of course always assume that a car is going to turn left in front of me and doesn’t see me, even if they are looking right at me riding my motorcycle. Please be careful!
By jmaroney on February 27, 2009
Death and Injury Can Be Avoided With The Use of a Helmet
As you know, helmets are no longer required in Florida with proof of health insurance. However, ever year we see accidents, many at very slow speeds, where there are head injuries that could have been prevented with the use of a helmet. Last year, by Tuesday, March 4, 2008, there were five (5) deaths already reported during Bike Week. Let’s make sure that this year is a safe Bike Week with no deaths, few injuries and no head injuries because of the use of helmets whenever possible.
Have a great time and be safe!!
By jmaroney on February 27, 2009
Make Sure You Have Uninsured/Under-Insured Motorist Coverage
As we approach Bike Week here in Daytona Beach and Orlando, Florida, it is important that all of us check to make sure we have Uninsured and/or Under-Insured Motorist coverage available while riding a motorcycle. I strongly encourage everyone to call their insurance agent immediately and make sure they have uninsured motorist coverage available in the event that they are injured from a hit-and-run, phantom vehicle or car that has inadequate insurance. Please remember that in Florida, a car is not required to carry Bodily Injury Liability insurance. In other words, drivers in Florida are not required to carry insurance that covers you in the event they are negligent and hurt you. Many vehicles are uninsured here in Florida or have the minimum $10,000.00 liability policy people can get here, if they elect to have this coverage at all. Uninsured Motorist coverage stands in the shoes of the liability carrier that would have provided coverage. One way to get Uninsured Motorist coverage on your motorcycle easily, at least based upon Florida insurance rules, is to have “stacked” uninsured motorist coverage on your automobiles. If your automobile uninsured motorist coverage is stacked, it should apply to you while riding a motorcycle that does not specifically have uninsured motorist coverage. It is also important to make sure that your uninsured motorist coverage is “stacked” because this will provide more coverage to you in the event you are hurt and there is inadequate liability coverage. All uninsured motorist coverages can be added together rather than having to select the one coverage that applies to the vehicle you are on. Uninsured motorist coverage that is not stacked on your automobiles will not apply on your motorcycle in many circumstances.
I hope everyone has a great time at Bike Week in Daytona Beach and Orlando, is accident and injury free, and enjoys the many concerts and activities that will be available during the next week.
By jmaroney on January 8, 2009
Over the holidays, the Orlando Sentinel reported many motorcycle accidents, some involving fatalities. Some of the drivers were wearing their helmets and others were not. The Law Offices of Richard R. Troutman was contacted by several families and victims of motorcycle accidents. It is particularly tragic over the holidays when a family loses a son or daughter through no fault of their own. Many times the driver of the car that is at fault has little or no insurance. Please make sure that you look at your uninsured motorist policy on your cars and motorcycles. If you have stacked uninsured motorist coverage on your automobiles, it may be used by you or a member of your family that lives with you in the event there is a motorcycle accident or collision and the car at fault either leaves the scene or has no insurance.
By jmaroney on November 24, 2008
While there is a sense of freedom and increased pleasure riding a motorcycle without a helmet, there are potential legal consequences. In Florida, along with twenty-seven other states, a helmet is no longer required with proof of health insurance. However, if you are involved in an accident that involves head injuries, we are experiencing more and more difficulty getting full compensation for riders who were not wearing helmets. The jury will hear that the helmet was not being worn at the time of the accident and this inevitably affects the amount of pain and suffering that is awarded, even when the motorcycle rider was not at fault in any way for the accident.
For many years, people have been punished for not wearing a seat belt when the jury believes a seat belt would have prevented the injuries. We are now experiencing this with people who are not wearing helmets, even though there is no law requiring one to be worn.
If you or a loved one has been injured in Central Florida, schedule an appointment at the Law Offices of Richard B. Troutman for a review of your case.
Law Offices of Richard B. Troutman, P.A.
1101 North Kentucky Ave.
Winter Park, Florida 32789
Ph. 407-647-5002
Fx. 407-647-2050
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