Click Orlando recently reported on a tragic motorcycle accident which occurred at Mills and Nottingham. The motorcycle was traveling north on Mills at around 9:55 PM when the motorcycle driver crashed. Police believe he was allegedly driving recklessly at the time of the incident.
When the motorcycle driver lost control of his motorcycle, the driver and passenger were both thrown off the bike. It is very common for motorcyclists and passengers to be thrown from the motorcycle when accidents occur. Unfortunately, in this case, one of the victims on the motorcycle was pronounced dead at the scene of the accident and the other was in critical condition and had to be rushed to Orlando Regional Medical Center.
The cause of this motorcycle accident was still under investigation, and police indicate it was unclear whether alcohol played a role in causing the accident to occur. If it does turn out, however, that early speculation was correct and the motorcyclist was behaving recklessly when he lost control of the bike, the passenger or surviving family members may be able to pursue a claim for compensation for losses.
Drivers are Responsible for the Safety of Their Passengers
Passengers are dependent upon drivers to be safe. This is true in cars, and it is especially true when on a motorcycle. A passenger on the back of a motorcycle has little to no control over the actions of the driver.
When a driver of a motorcycle behaves in a negligent or a careless manner, the passenger faces a significant risk of injury or death. This is more true on a motorcycle than for someone riding in a passenger car, since death rates are approximately 30 times higher on a motorcycle than in a car. Injury rates are around five times higher on a motorcycle compared with in a vehicle.
If a passenger is hurt or killed while riding on the back of a motorcycle, the passenger or surviving family members may have the right to pursue a case against the driver. A personal injury or wrongful death claim makes it possible for victims or family of victims to receive compensation for economic and non-financial damages. Compensation should be available for losses including medical expenditures, funeral costs, loss of wages, loss of potential future earnings, pain endured by the deceased, and/or loss of companionship for family members whose relative has been killed.
It is up to passengers or their families to prove the motorcycle driver was unreasonably careless or negligent. Provided victims or their families can show the motorcyclist broke safety rules or was more lax on safety than any reasonable person would have been, the victims should be able to obtain compensation through a court action or a negotiated settlement.