Although many motorcycle accidents in Miami and the surrounding areas of Florida are caused by an inconsiderate, inattentive, or careless driver of a car, pickup, or SUV, the driver of the other vehicle often will claim the rider was negligent. Some injured motorcyclists assume they cannot pursue a personal injury claim because they were violating a traffic law or otherwise driving in an unsafe manner. Florida negligence law allows a plaintiff to recover in a personal injury or wrongful death action even if the injured party is partially at fault for causing the collision. In this blog post, our Miami motorcycle accident lawyers examine a Florida appellate court decision allowing a fatally injured motorcycle accident victim to recover despite evidence he was speeding.
In Diaz v. FedEx, the Florida Fifth DCA allowed a motorcycle accident victim to recover compensation for his injuries even though he was determined to be partially responsible for causing his collision with a FedEx truck. At the time of the collision, the motorcyclist was determined to be driving at a rate of 59 to 79 mph, which substantially exceeded the speed limit of 45 mph. The personal representative of the estate of the decedent defended against the wrongful death claim based on evidence that the plaintiff was driving at an unsafe speed at the time of the collision. Continue reading →