Jacksonville Personal Injury Lawyer - Motorcycle Accidents

Crimestoppers Needs Your Help In Motorcycle Fatality

Eddie Farah — Sat, 03 Oct 2009 12:27:00 GMT

64-year-old Bobby Nixon was returning from a Jacksonville Sheriff’s Office Light the Night Charity Ride on Friday when he was thrown from his motorcycle and killed. It happened in front of the Eagle Hammocks subdivision, about a miles from his home off Yellow Bluff Road.

Nixon had on his helmet. No one knows what made him stop suddenly. The gravel and skid marks remained behind in the place where he died.

Crimestoppers would like any information from witnesses. You may be eligible for a cash reward and may remain anonymous. It’s very unlikely there was not another person or vehicle involved. Someone might have even rolled through a stop sign causing Nixon to slam on his brakes. Automobile drivers are notorious for failing to see motorcycles.

What a tragic ending for Nixon, who everyone said was a safe driver. If anyone would go the speed limit it was him. In fact, he just returned from a 7,000 mile road trip out west. Ironically, less than a mile from home, something happened to cause him to crash.

If you know or saw anything, Crimestoppers would like to hear from you. Please call 1-866-845-TIPS. You will help bring some closure to this family that desperately wants and deserves some answers.

Originally posted at InjuryBoard by Eddie Farah

UNF Student Hit And Killed By Two Hit-And-Run Drivers

Eddie Farah — Thu, 03 Sep 2009 23:27:05 GMT

He was a 23-year-old graduate student at the University of North Florida.

Yasser Hamdy, from Egypt, was killed in a double hit-and-run early Thursday morning.

Hamdy and two friends were riding their scooters back to the UNF campus from McDonalds about 2 a.m. Traveling eastbound on Beach Boulevard, one driver struck him from behind. Hamdy was then thrown into the middle of the road. That's where a second car struck him and dragged him 60 to 70 feet, Channel 4 reports.

Hamdy was pronounced dead at the scene.

Friends of Yasser say the MBA student was a wonderful friend and person who would do anything for you and always had a smile. His classmates say they are still in shock.

Neither one of these driver stopped. That is a big mistake that can land a driver in jail for up to 15 years.

Thursday afternoon, the second driver turned himself in to authorities.

The Florida Highway Patrol would like the public's help in finding the first vehicle, reported to be a light-colored Honda, or Honda-type car. It likely sustained front-end or windshield damage when it hit Hamdy.

Crimstoppers can be reached a 1-866-845-TIPS.

Our heart goes out to his family for this senseless loss.

Originally posted at InjuryBoard by Eddie Farah

Three Injured In ATV Accident In North Florida

Eddie Farah — Sun, 09 Aug 2009 23:00:37 GMT

One man is in critical condition in North Florida following an all terrain vehicle (ATV) crash Sunday morning.

St. Johns County deputies are trying to figure out what caused the Arctic Cat recreational vehicle to overturn on a private dirt road on Bartram Air Park property off County Road 13 in northwest St. Johns.

All three men were riding the ATV when it rolled.

Emergency crews responding to the scene do not know who was driving, but all three were injured. 39-year-old Ronald Drawdy of St. Augustine was the most seriously injured. He was taken to Shands Jacksonville and is in critical condition.

One person was treated at the scene and a third, William Byrd, 37, of St. Augustine was taken to Flagler Hospital by emergency crews. At this time it is suspected that alcohol may have been a factor in the crash and none of the men was wearing his seatbelt.

Even the manufacturers warn that ATVs are not toys. You are told to always wear proper protective gear, including a helmet, eye protection, and protective clothing. You are told not to carry passengers unless the ATV is specifically engineered to accommodate them. And of course excess speeds, stunt riding, unknown terrain, drugs or alcohol are all discouraged as part of the basic package when you purchase one of these ATVs.

If indeed alcohol was involved and three men were riding one vehicle, this accident could well be due to negligent operation. If you have not been negligent in the operation of an ATV, your accident could be due to a design defect as many models have been recalled over the years.

These ATV are very popular. Since their introduction about 40 years ago, part of the appeal is the amount of danger one undertakes while riding. With no true center of gravity, the three-wheeler was an accident waiting to happen. When the industry converted to four-wheelers, it was thought that accidents would decrease but the safety of the four-wheeler is still a concern within the industry.

In 2006, federal statistics show 8,100 lost their lives in ATV accidents, 349 in Florida alone.

Traumatic brain injury, spinal cord injuries, permanent disability, and death, can result from ATVs that can weigh up to 1,000 pounds and go 75 mph.

We wish a very speedy recovery for the men injured in this ATV mishap. #

Originally posted at InjuryBoard by Eddie Farah

Officers Escorting Harley Dealer Funeral Collide

Eddie Farah — Sat, 08 Aug 2009 21:43:00 GMT

The irony is pretty amazing. Six officers on motorcycles, escorting a funeral for the late motorcycle dealer, Bruce Rossmeyer in Ormond Beach, Florida, Tuesday, were involved in a crash.

The officers, from various agencies, were riding along with the funeral party when the lead rider slowed down. The others behind him did not and that caused a chain reaction crash involving six motorcycles at the corners of North Halifax Drive and Granada Boulevard. They represented the police and fire departments of Daytona Beach, as well as the Ormond Beach and Port Orange police departments.

Rossmeyer was one of the largest Harley-Davidson motorcycle dealers in the country. He died last week in Wyoming on his way to a motorcycle rally in Sturgis, South Dakota. He passed a truck pulling a trailer on the left just as the truck was making a left turn. The driver didn’t see Rossmeyer, 66, and turned into him. Rossmeyer died instantly.

The officers were wearing their helmets and sustained minor injuries. Two of the officers were hurt, though not seriously and they damaged their motorcycle

Rossmeyer was not wearing his helmet when he died.

He more than anyone else, put Daytona Beach on the map as the Harley-Davidson center of the country, along with the image of freedom taking to the road.

Part of that freedom means freedom from helmets. Helmets are not required in Florida unless you do not have enough medical insurance, or you are under the age of 21. Adults can do what they want. In Florida, about half of riders do not wear a helmet.

In 2000, when Florida decided to repeal its mandatory helmet law, there were 933 motorcyclists killed in the state. After that time, the National Highway Traffic Safety Administration (NHTSA) reports that motorcycle deaths tripled.

Besides his charitable work helping children, Rossmeyer became one of the nation’s largest Harley dealers with 15 dealerships in Colorado, Florida, Massachusetts, Mississippi, and Tennessee. Rossmeyer also co-owned three car dealerships and a complex in Daytona Beach that includes shops and restaurants which employed about 500.

His family says his name will remain on his 15 Harley dealership.

Our condolences go out to the Rossmeyer family as well as our wishes for the speedy recovery of the officers involved in the mishap. My heart goes out to his family. He will be greatly missed by many. #

Originally posted at InjuryBoard by Eddie Farah

Deputy and Girlfriend Hurt In ATV Accident

Eddie Farah — Sat, 27 Jun 2009 22:42:00 GMT

A Baker County, Florida deputy and his girlfriend were riding their all-terrain vehicle last Sunday night when they went off the road and hit a tree in the Osceola National Forest.

Deputy Matt Sigers was a bit roughed up but was treated at the hospital and released. His girlfriend, 21-year-old Ashley Davis was not as lucky. Both suffered head injuries and she was listed in critical condition. Neither individual was wearing a helmet. Alcohol was not a factor in this crash.

Davis has since had to endure surgery to relieve pressure on the brain from a blood clot. She had her spleen removed but was able to move her toes and fingers, always a concern in a neck and head injury. She is also on a special ventilator reportedly brought in from Orlando.

Our condolences go out to both families with wishes that they pull through this accident.

State law says that helmets on ATVs are optional in Florida and in a rural area like Baker County, many riders fail to wear any safety gear. The Florida Highway Patrol reports that statewide there were at least 30 more crashes involving ATVs in 2007 than the previous year. Figures for 2008 have not been released.

And even though we don’t know whether this Yamaha was a Rhino, if it was it has a reputation as a dangerous and defectively designed. With a high center of gravity and small wheels, the Rhino can rollover easily resulting in serious injury. These are so unstable they can even role on a flat surface. At the very least a helmet should be mandatory if you care about your life and that of your passenger.

Originally posted at InjuryBoard by Eddie Farah

Florida's Motorcycle Deaths Drop Slightly, Still Tops Nation

Eddie Farah — Sun, 01 Mar 2009 00:28:00 GMT

An Elkton, Florida man slid his motorcycle into the back of another vehicle last Tuesday evening in St. Augustine.

He was flown to Shands-Jacksonville in critical condition. Brandon C. Marlow, 22 was not wearing a helmet, which is allowed in Florida if you are an adult with adequate insurance.

According to the Florida Highway Patrol, Marlow was trying to avoid a vehicle when he forced the bike down, then slid in to the vehicle.

Marlow was lucky. Jerry Williamson, 42, died in February when he crashed his Harley-Davidson into a Cadillac that turned into his lane in St. Pete Beach.

Benjamin Mower died last month in Florida. He crashed his motorcycle into a car turning into his lane. He was 19-years-old.

If you are in a wreck in a motorcycle you are 35 times more likely to die than in an accident involving a vehicle, according to government statistics.

And Florida tops California and Texas for the number of motorcycle deaths – 489 in 2008.

Maybe it is because of the price of gasoline or more people without jobs, but the number of motorcycle deaths was actually higher in 2006 – 521 and 2007 – 517 deaths reported.

“We don’t have an explanation,” said Courtney Heidelberg of the state Department of Highway Safety and Motor Vehicles to the St. Petersburg Times.

There may be something to attribute to the “Ride Proud. Dress Loud” campaign statewide that encouraged motorcycle riders to dress in brightly colored clothes to increase their visibility. Also the state got more serious about safety by requiring all bikers to pass a basic safety course to get a license. Many who die do so without the proper license.

Mix motorcycles and car, and the motorcycles always lose, no matter who is to blame. #

Originally posted at InjuryBoard by Eddie Farah

Florida Court Rules - Sports Waivers For Kids Are Essentially Worthless

Eddie Farah — Sat, 13 Dec 2008 00:04:01 GMT

A ruling by the state's high court this week has far reaching implications for anyone who is forced to sign a waiver before their child can participate in a sport.

Essentially, the ruling means the waivers are worth only the paper they are written on.

The Florida Supreme Court ruled Thursday that a parent cannot waive the liability for their children when they sign a release form before the minor participates in a sport. The 4-1 ruling clears the way for litigation against a motor sports track in Okeechobee County.

The issue began with the death of 14-year old Christopher Jones on May 10, 2003 at the Thunder Cross Motor Sports Park. Christopher took a jump and the ATV landed on top of him.

Before he could race, the park required Bobby Jones, the father, to sign a Waiver of Liability. One had been signed the day of the accident. The release included specific language that waived any claims based on the negligence of the track. It also says that the parents realized the dangerous nature of the activity and the risk of injury or death.

Christopher’s mother, Bette, later filed a wrongful death lawsuit claiming the park owners and manager were negligent. The suit was dismissed though because her ex-husband had signed the release form. But the Fourth District Court of Appeal said there was nothing in state law that allowed a parent to waive all legal rights on behalf of their minor child.

Since that decision conflicted with a previous ruling that upheld the waivers, the issue went before the state Supreme Court to work out the differences.

So now, five years after his death, Bette Jones can pursue her lawsuit against the track in Okeechobee County. Bette says she wants other parents to be aware of the dangers of ATVs and that’s why she’s stuck with it so long.

The decision is an important one and has many different applications since participation in sports often requires waivers. A parent may be able to waive their own rights – but not that of their minor child. #

Originally posted at InjuryBoard by Eddie Farah

30 Off-Road Fatalities Subject Of Govt Probe

Eddie Farah — Fri, 07 Nov 2008 17:04:00 GMT

We blog all too frequently about children who are hurt or killed in off-highway vehicles and ATVs.

Now the Consumer Product Safety Commission (CPSC) is looking into the design of a handful of brands associated with more than 30 fatalities. The Yamaha Motor Company’s Rhino is one of those brands.

An off-road vehicle is different from an ATV because they are larger and have two side-by-side seats and a protective roll cage, which is not required of ATVs. Besides the Rhino, there are the Polaris’s Razor, Honda Big Red, Kawasaki Heavy Industries Mule and Arctic Cat’s Prowler.

Yamaha has been having meetings with the CPSC sharing information about the Rhino. The company says the Rhino “is one of the safest, most-reliable vehicles in the category.

Polaris says it’s had no deaths involving the Razor models

Julie Vallese of the CPSC says “We need to study how they’re being used, how the injuries are happening, how behavior during use of the vehicles may be playing a role.”

A number of off-road vehicles have had recalls because of structural failures. The brands have been produced for about five years and are popular with hunters and off-road enthusiasts.

In Florida, youngsters can ride all-terrain vehicles if they have a DOT-certified safety helmet.

Kids are reminded that ATVs are not toys and should not be treated as such. They are not allowed on public roads, streets or highways, however law enforcement can use them to enforce traffic laws and in getting to and from the beach.

Children as young as six are allowed to ride in ATVs that are under 70 ccs and are supposed to be accompanied by an adult. However, a six-year-old may not have the upper body strength to maneuver the vehicle.

Either vehicle is definitely not popular with citizens who see the destruction tleft behind to pristine beach grasses and forests, ancient ruins and desert landscapes. #

Originally posted at InjuryBoard by Eddie Farah

Antilock Brakes On Motorcycles Might Save Lives In Florida

Eddie Farah — Thu, 23 Oct 2008 14:32:37 GMT

The Insurance Institute for Highway Safety finds that antilock brakes on motorcycles could save lives.

Antilock brakes are installed in cars and trucks. Typically they are found on touring bikes and a limited number of motorcycles. They add a cost of about $1,000.

Without them, riders who need to stop their bikes abruptly can lock up the wheels or fishtail. The Insurance Institute found that equipping motorcycles with them resulted in a 38 percent lower crash rate.

The Institute studied eight motorcycles with antilock brakes and found there were 6.6 fatal crashes per 10,000 registered motorcycles without antilock in 2005 and 2006. The bikes with antilocks had a 4.1 per 10,000 fatal crash rate.

A second study found antilock brakes reduced collision claims by 21 percent.

"Even though adding antilocks won't make motorcycling as safe as going by car, it's something manufacturers can do to reduce the risk of traveling on two wheels instead of four," said Adrian Lund, president of the Insurance Institute for Highway Safety.

The causes of most motorcycle crashes still need study.

Nationally, more than 5,000 riding motorcycles died last year. A decade ago that number was 2,294. Motorcycle registrations have nearly doubled during the time periods.

The addition of ABS might help slow the soaring death rate of bikers in Florida that spiked after Gov. Jeb Bush signed a law in 2000 that repealed the state’s mandatory helmet law.

Florida exempted adult motorcyclist and moped riders from wearing helmets providing they have medical coverage of $10,000. This resulted in an estimated 48 percent increase in motorcycle rider deaths the following year, and a jump of more than 81 percent in the three years after the repeal took effect according to NHTSA.

In Florida from 2006 to 2007, more than 16 percent of all traffic fatalities were motorcyclists. 521 lost their lives, as well as 29 passengers of motorcycles, according to the Division of Highway Safety and Motor Vehicles.

In July 2008, a new Florida law requires every motorcycle rider to take a safety course before they start using the road.

Florida paid a high price for relaxing safety, despite the increased ridership. The addition of ABS can only help reduce deaths on bikes, among pedestrians and on the roadways.

Originally posted at InjuryBoard by Eddie Farah

Teens Recovering After ATV Hits Tree

Eddie Farah — Fri, 03 Oct 2008 23:20:00 GMT

This week, a couple of teenage boys riding an all-terrain vehicle in Baker County, smashed into a tree after losing control of the ATV on a dirt road. Neither wore a helmet, and were both reported to be in serious condition.

17-year-old Michael Jewel of Sanderson was driving. The passenger was Thomas Harvey, 17, of Glen St. Mary.

Unbelievably, Florida does not require anyone wear a helmet over the age of 16.

Some parents and consumer groups want to ban the use of ATVs for anyone under the age of 21. Too often the machines are just too big to handle for a youngster, but that doesn't seem to stop sales.

ATV accidents killed at least 555 people in 2006 at least 100 children among them, according to government safety officials. The Consumer Product Safety Commission (CPSC) estimates another 146,000 people were treated in emergency rooms for ATV-injuries that year, more than a quarter of them children.

Riders and passengers of ATVs frequently suffer spinal cord injuries as they dive over the handlebars.

ATVs are supposed to carry a label from the manufacturer telling consumers that machines greater than 90 cc should not be attempted by riders under the age of 12. This is a recommendation only. A consumer safety agency should be telling the manufacturers what to do - not the other way around, especially when the safety of young people and children are involved.

The industry says ATVs have never been shown to be an unsafe product, but there is little to keep anyone safe during a rollover when they are thrown from the vehicle. Then there is the issue that many youngsters ride adult-size ATVs which are too big for them.

Dealers are not supposed to sell ATVs to parents who will allow children to ride them, but that is a suggestion only.

The CPSC reportedly met in March 2005 to discuss ATV dangers and reported data from 2004 that showed 150 kids had been killed while rising ATVs while 44,000 young people under the age of 16 were injured.

National pediatrician and consumer groups called on the commission to ban the sale of adult size ATVs for anyone under the age of 16. But the agency decided not to change its policy when the director of compliance, a former lawyer for the ATV industry, said the system of voluntary compliance was working.

Many at the CPSC have quit in disgust when, facing a shrinking budget, they try to regulate industries that appear to be calling the shots. One woman in a poison prevention expert said “there is only so much that a few people there can do.”

We know all too well what happens when industry is allowed to regulate itself. We hope this young men will recover and other parents will do their research before buying these potentially dangerous machines.

Originally posted at InjuryBoard by Eddie Farah