An Orlando-area motorcyclist was killed this week when a car pulled out in front of him. According to the Florida Highway Patrol (FHP), the 55-year-old motorcyclist was driving his 2006 Kawasaki motorcycle south on Orlando’s Goldenrod Road. As he approached Pershing Avenue, a Toyota pickup truck making a U-turn pulled out in front of him. The motorcyclist crashed directly into the truck and died at the scene. The driver of the pickup truck, a 44-year-old female from Kissimmee, Florida, was taken to Florida Hospital East for treatment to minor injuries.
As the accident remains under investigation, the FHP have been unable to determine whether or not the motorcyclist was wearing a helmet. This determination could have a significant impact on the ability for the deceased’s family to seek compensation. Typically, when a person dies due to the negligence of another, his or her surviving family (i.e., spouse, children, etc.) can file a wrongful death lawsuit to seek compensation for their loss of financial and emotional support.
However, if the deceased somehow contributed to their own death, then the surviving family’s ability to be fully compensated could be limited – if not prohibited. In the case at hand, if the motorcyclist was not wearing his helmet and this contributed to his death, then a court could limit amount of compensation available to the family accordingly.
If he was wearing his helmet, then his surviving family members should be able to seek compensation by filing a lawsuit against the driver of the Toyota pickup truck. This is because, according to the available information, the driver of the truck acted negligently in her doing a U-turn in front of the oncoming motorcycle. According to the law, when someone’s negligent act causes an accident and said accident injures another, then that person can be held responsible for the damage caused.
This includes having to compensate the injured party or parties for:
- Medical expenses
- Future medical expenses
- Loss of income
- Future loss of income
- Damage to property
- Pain and suffering
If you or a loved one have been injured in an Orlando motorcycle accident, you have the right to be compensated. To learn more, contact the Law Offices of James O. Cunningham, P.A. today.
James O. Cunningham
Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.
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