The Perazzo Law Firm motorcycle accident lawyers in Miami, have learned, according to the Ocala Star-Banner, that a motorcycle rider died in northwest Marion County on Nov. 6 after the motorcycle struck the rear of a trailer. In Florida, a wrongful death claim is brought by the decedent’s personal representative for the survivors and the estate, and fault is decided on evidence, not on the first headline. Questions about your own situation: call 888-PERAZZO or Contact us ONLINE for a FREE consultation 24/7.
What FHP has reported so far
According to the Ocala Star-Banner, the Florida Highway Patrol is investigating a crash on U.S. 441 at Northwest 42nd Place.
Per FHP, as reported by the Ocala Star-Banner, a Ford F-150 pulling a trailer was in the southbound median turn lane when the driver made a U-turn into the northbound lanes. In that same Ocala Star-Banner account of FHP’s findings, a Yamaha motorcycle traveling north in the right lane struck the rear of the trailer, and the rider died at the scene.
Marion County Fire Rescue said crews were dispatched at 8:20 a.m. and the rider was pronounced dead at 8:29 a.m., the Ocala Star-Banner reports. The same report says northbound lanes were blocked for hours and reopened at 11:35 a.m. It describes the investigation as ongoing and announces no finding of fault.
What Florida law says about the family’s claims
Under Fla. Stat. § 768.19, a person who caused a death through a wrongful act or negligence stays liable for damages even though the injured person died, as long as the person could have recovered had they lived. Under § 768.20, the action is brought by the decedent’s personal representative.
Section 768.21 sets out what survivors and the estate may recover. Depending on the relationship, that can include lost support and services, a surviving spouse’s loss of companionship and protection, a minor child’s (or any child’s, if there is no surviving spouse) lost parental companionship, instruction, and guidance, mental pain and suffering, and medical or funeral expenses. Which category applies depends on who the survivors are.
Our Miami Wrongful death accident lawyers understand that these tragedies generally fall under the two-year period in Fla. Stat. § 95.11(5)(e).
Fault questions when a motorcycle meets a turning truck and trailer
In any motorcycle accident involving a turning vehicle, an investigation may examine questions such as:
- Where the truck and trailer were when the turn began, and how long the maneuver took.
- Whether the driver checked for oncoming traffic and had a clear view of the northbound lanes.
- The motorcycle’s speed, lane position, and how much time the rider had to react.
- Visibility of the trailer, including lighting and conditions at the time.
Fault can also be shared. Under Fla. Stat. § 768.81(6), in a negligence action to which that section applies, a party found more than 50 percent at fault for their own harm may not recover any damages. How that rule applies depends on the facts and the claim, which is why the evidence matters.
Evidence worth preserving
As general guidance, families can ask early that these be kept:
- Scene photos and any video, including traffic or business cameras, which can be overwritten quickly.
- 911 recordings and the crash report once it is available.
- Data stored in the vehicles involved, and the vehicles themselves, until they have been inspected.
Frequently asked questions
Who can file a wrongful death claim in Florida?
The decedent’s personal representative files the action under § 768.20, seeking damages for the survivors and the estate.
How long does a family have to act?
Generally two years under § 95.11(5)(e), with limited exceptions. Evidence can disappear much sooner.
Does the first report decide who is at fault?
No. The Ocala Star-Banner describes the FHP investigation as ongoing, and fault is determined on the evidence.
If your family has lost someone in a crash, call 888-PERAZZO or contact us online to talk through your options.
This is Miami Accident attorney advertising. Past results do not guarantee a similar outcome. This article is general information, not legal advice, and reading it does not create an attorney-client relationship. The Perazzo Law Firm has an office in North Miami Beach, Florida.