Motorcycles, Passenger claims and Red Lights

Posted on February 10, 2010 by Phil Chanfrau

 

Daytona Bike Week is just around the corner.  Here is some more timely and hopefully helpful info for passengers during bike week.

When  a passenger on a motorcycle is injured, usually in a left turn type accident,  he has two possible claims: one is against the driver/operator of the motorcycle and the other is against the other driver who turned in front of the oncoming motorcycle.  These types of accidents frequently occur at a traffic light when the motorcycle is in the outside lane, and is obscured by other vehicles from view by the turning driver . 

If  it is a one vehicle crash,  then the passenger has a claim against the driver.  There was a tragic story about a woman who was left for dead on the road by a motorcycle driver.  Her estate would have a claim against him. The driver was sent to prison for five years.

The classic example of this type of accident is discussed in Zimmerman v  Langlais.  There, the minor passenger on a motorcycle was injured when the motorcycle he was a passenger on was going 50 mph in the outside lane and went through a "yellow" light at an intersection.  The accident happened at night.  The car driver was waiting under the light  to turn left and could not see the oncoming motorcycle because it was obscured by cars in the inside lane.  The car driver turned left into the motorcycle when the light turned red.  The jury found the left turning driver not at fault.

The Zimmerman case is a good example of the rule that evidence of a traffic violation (running a red light) is only evidence of negligence, not negligence "per se."  So,  jury could exonerate the left turning driver  even though she ran a light and caused injuries.  As so often happens in  left turn cases, the entire blame was placed on the motorcyclist by the jury.

Insurance companies know these types of accident often happen.  They sometimes exclude any claims by passengers against the driver/operator and/or the insurance company.  The exclusion is not against the public policy and is therefor legitimate under Florida law.Yakelwicz v. Barnes.

My recommendation: ride with a safe driver who has plenty of insurance.  If he has none, be sure to get uninsured motorists coverage.  It protects you if your driver has none and is at fault.  I discussed these issues in my previous blogs here and here.

 

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Motorcycles and The Knowledge Gap

Posted on January 27, 2010 by Phil Chanfrau

Daytona Bike week is around the corner.  Its an exciting time for bikers coming into the area.  Most will leave with great memories.  Experience tells us some will leave with most of their body parts, and some will not leave at all.  Some will lose friends and have damages to their motorcycles.  NHTSA estimates the chances of a fatality on a motorcycle are 30 times higher than in a car.  I recall one biker who had suffered a traumatic castration.  You should have seen the look on his face when he learned there was only $10,000 of insurance.

Out of curiosity I called a Florida agent who offers biker insurance through six major carriers.  Based on what she said, I think there is a knowledge gap about UM (Uninsured or underinsured motorists) coverage.   This whole area of UM and rejections was discussed in another Blog.

Here are some of the highlights of what I found out:

  • The agent could not explain the legal differences between UM and HMO/Group coverage
  • Bikers think they can skip getting UM when they have a major medical  or HMO policy to cover their medical bills

If the agent doesn't know,  how is a Biker supposed to make an informed decision to buy the UM or not?


 

What is the big deal:   Here is an example to illustrate the difference between UM and group coverage. Assume a car or another Biker  runs into you or your passenger  and there are serious injuries as follows:

  1. loss of leg and resulting quality of  life for the rest of your life
  2. medical and hospital bills
  3. pain and suffering for life
  4. loss of income for life

UM pays for all the above.

Your HMO/major medical policy only pays for item #2,

If the at fault driver had no coverage he may lose  his license, and owe you money he can't  pay. 

I recommend every Biker buy as much UM coverage as they can afford.  You never can tell when a driver without insurance will run into you.  When almost 50% of the motorists are driving without liability insurance, chances are great you will need every drop of insurance.
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