By rtroutman on February 22, 2010
Bike Week 2010 in Daytona Beach will be here very soon. Let’s hope that February 26th through March 7th, 2010, brings warmer temperatures than we have had this winter. At least this uncharacteristically cold weather we have been having in Daytona Beach, Florida, and Orlando, Florida, makes it easier to wear clothing and helmets that protect us from injury. Just a reminder from my point of view. I am in the business of helping motorcycle victims who are injured through no fault of their own. As great as it is that Florida passed the law that doesn’t require us to wear a helmet, it breaks my heart every year to have people come to me who have a head injury that could have been avoided. Please drive very carefully, realizing that people, including those that send text message while driving, do not see motorcycles. The roads here in Central Florida are becoming more and more dangerous as younger drivers are distracted by cell phones, I-Pods, and so many other factors that make them not look twice before pulling out.
Before you get here, check with your insurance agent and make sure you have stacked Uninsured Motorist coverage on your cars, if you do not have it specifically on your motorcycle. If your Uninsured Motorist coverage is stacked or stackable on your cars, it frequently can be used on your motorcycle, even if you elected to reject Uninsured Motorist coverage on your motorcycle. More often than not, when someone causes you to be hurt, they do not have enough Bodily Injury liability coverage to properly compensate you for medical bills, lost wages, and pain and suffering. They frequently only have $10,000.00 of coverage for your property damage and your motorcycle may be worth far more than that.
Uninsured Motorist coverage pays you for your pain and suffering, medical bills, and lost wages in the event the car that hit you did not have proper coverage.
If you get run off the road by another motorist, your Uninsured Motorist coverage will compensate you in this situation which we call a “phantom vehicle.”
Please call me anytime, day or night, and there is never a charge. I am really happy to give you free advice. Be safe and have a great time.
By rtroutman on September 10, 2009
My favorite bike week, Biketoberfest in Daytona Beach, Florida, is coming again, just a few miles from my office in Orlando, October 15th through 18th, 2009. We are hoping for great weather this October, no hurricanes, and safety as thousands of bikes come to Daytona and Orlando. I love to see the vintage and custom bikes and hope to see all of you there and also at the track at Daytona International Speedway for some of the races.
I think it is incredible how many motorcycles we have at Biketoberfest and how few accidents. However, I would love it if we could get this through this weekend in October without a single injury or fatality. I really want to take this opportunity to encourage everyone to wear your helmet more than usual. When Florida first passed the law that allowed us not to wear helmets, I thought it was absolutely awesome. I loved riding without a helmet and seeing others do it as well. However, having handled hundreds of motorcycle accidents since then, I have to tell you that the risk we wore to the helmet needs to be really closely examined by everyone. Please at least think about it when you make a decision on your helmet and ride safely.
I also want everyone to understand again how the law in Florida works on motorcycle accidents. Motorcycles are not required to carry insurance in Florida and only people who ride without helmets are required to carry health insurance. You must have a motorcycle endorsement here or at least sign up for a program that allows you to ride on a temporary basis without one.
The Florida No-Fault Law does not apply to motorcycles so if you have an accident and injury, you do not need to prove a permanent injury to obtain compensation for pain and suffering. However, in order to obtain compensation, the person who causes the accident must carry Bodily Injury Liability coverage on their vehicle, or you need to have Uninsured Motorist coverage on your motorcycle, or stacked Uninsured Motorist coverage on your cars. I really want to encourage everyone to check their automobile insurance before coming to Biketoberfest. If you’re automobile insurance does not carry “stacked” Uninsured Motorist coverage, please pay a little extra money and make sure you have it. Stacked Uninsured Motorist coverage on your cars will apply to your motorcycle, even if your motorcycle is uninsured or insured with a different company. It is really an inexpensive way to carry Uninsured Motorist coverage on your motorcycle by simply having stacked Uninsured Motorist coverage on your cars.
If you have an accident, get out of the road as soon as possible. Don’t worry about staying in the road to preserve the scene. Your safety is more important. There will probably be some marks on the road and witnesses that can help the police investigate.
Take an ambulance to the emergency room so you can see a doctor faster and don’t be in a hurry to leave without a full medical workup. Halifax Hospital in Daytona Beach has sovereign immunity which means that cannot have a claim against them for more than $100,000.00. It is really a good hospital, but you need to be sure that you give the physicians every opportunity to fully evaluate your injuries.
Please call me anytime, free of charge, before, during or after Biketoberfest, if you have questions about insurance or the Florida motorcycle laws. My telephone number is: 407-647-5002. I can’t wait to see everyone there.
By jmaroney on May 8, 2009
It seems like every day now I see a driver sending a text message while driving. It is hard to believe that we not only have to worry about people dialing and talking on cell phones while driving, but now they are taking their eyes completely off the road and sending a text message to their family and friends. Many deaths have been caused by the use of cell phones, especially the use of the test message. Please remember while you are on a motorcycle or driving an automobile that cars all around you are being driven by people who are not paying attention and are preoccupoed with the many activities that can be done in a car with current technology. Keep your Uninsured Motorist limits high so you can be compensated for your medical bills, lost wages and suffering if you are injured by this type of driver who may not have insurance at all to cover your injuries.
By jmaroney on May 7, 2009
As I travel down the roads of Central Florida, I am noticing more and more debris that has fallen off trucks and other vehicles on the road. The results of hitting this debris can be devastating and catastrophic to a motorcycle rider. It can also be devastating to the driver of an automobile who overcompensates trying to avoid something in the road. It is essential that you keep a safe distance between you and the car in front of you so these things can be seen. Debris can be knocked into the air by an automobile and into the face of a motorcyclist. Unfortunately, Uninsured Motorist coverage does not usually apply to an injury caused by road debris. Please use extraordinary caution to avoid this type of danger.
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
Bike Week Events
Now that everyone has checked their insurance policies to make sure they have uninsured and under-insured motorist coverage on their motorcycle or on their vehicles which can be used while riding a motorcycle, it is time to look at the Bike Week Events this weekend. Be sure to catch the Greg Allman concert Saturday at the Coca-Cola Pavilion at Destination Daytona. Tickets are $37.00 the day of show. There is also a Blessing of Bikes at St. Paul Church at 9:30 a.m. Sunday. Motley Crue lead singer Vince Neil will be performing a free concert at 10:00 p.m. Sunday at Wise Guys Watering Hole in Daytona Beach. There is also the American Veterans Traveling Tribute and Traveling Wall visiting the Daytona International Speedway through March 8th. Some of the main Bike Week venues beyond Main Street include: Riverfront Park, Beach Street in Daytona Beach, Daytona International Speedway and the Daytona Flea Market. There is also activity at Destination Daytona at the New Smyrna Beach Airport. The Sixth Annual Art of Chrome and Leather at Museum of Florida Art in DeLand should also be interesting, as well as the celebrity ride on Sunday at 11:00 a.m. at the Museum of Florida Art and at the Daytona Beach Kennel Club.
Have a great time!
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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