Riding a motorcycle can be fun and exhilarating, but also dangerous — even deadly. A tragic crash in Florida claimed the life of a 25-year-old man who was hit by a dump truck.
The fatal motorcycle accident happened on the morning of Feb. 20 in Fort Lauderdale. The motorcyclist was traveling south when a garbage truck pulled into his path. The motorcyclist could not slow down in time and the two vehicles collided. The man, who was riding without a helmet, died at the accident scene. The investigation is ongoing, but it looks as though the driver of the garbage truck failed to see the motorcycle as he pulled into the street from an apartment complex.
The garbage truck driver will likely bear the blame, since he failed to yield to the motorcyclist. Could the motorcyclist share some of the liability as well, especially since he was not wearing a helmet? According to 316.211 Section 1. Subsection (3) of Florida Statues, helmets are not required for motorcyclists who are at least 21 years old. So while the man did not break any laws, a helmet could have saved his life, depending on his injuries.
For example, if the man died from head trauma, then a helmet could have saved his life and he would be held partially liable for the accident. However if the man died because of an arm or leg injury, for example, then a helmet would not have done much good and the motorcyclist would likely not be held liable.
The dump truck driver was the negligent party. His failure to yield to oncoming traffic killed the motorcyclist. The motorcyclist’s family may be able to sue for damages caused by their loved one’s wrongful death.
Source: First Coast News, “Man dies in motorcycle crash” No author given, Feb. 20, 2014