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motorcycle accident and passenger wants paid for injuries

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gsgirl

Junior Member
Florida. My friend was in a motorcycle accident thanksgiving day and does not remember the days events. He has been a motorcycle driver for over 17 years and is a very good driver. The girl that was a passenger had never been on a bike before. This bike was a sports bike with high foot pegs. She wore sandals! All we can figure from looking at the bike and the injuries is that she did not lean with the rider and put her foot down thinking she would fall. This would have thrown the bike off balance and into the curb of the road. You could see the marks in the curb where the peg drug for a while when he was trying to get the bike back under control. Then the front tire blew and the bike flipped. There is no helmet law in Florida so neither of them had on helmets. He was on life support for 24 hours and now has head trauma problems over a month later. She had road burns over her body pretty bad put is up partying in the bars. She got a attorney and is trying to sue for her injuries caused by carelessness. Can she sue the driver of the bike for her injuries or is she responsible for getting on the bike with no gear to protect herself? Florida. My friend was in a motorcycle accident thanksgiving day and does not remember the days events. He has been a motorcycle driver for over 17 years and is a very good driver. The girl that was a passenger had never been on a bike before. This bike was a sports bike with high foot pegs. She wore sandals! All we can figure from looking at the bike and the injuries is that she did not lean with the rider and put her foot down thinking she would fall. This would have thrown the bike off balance and into the curb of the road. You could see the marks in the curb where the peg drug for a while when he was trying to get the bike back under control. Then the front tire blew and the bike flipped. There is no helmet law in Florida so neither of them had on helmets. He was on life support for 24 hours and now has head trauma problems over a month later. She had road burns over her body pretty bad put is up partying in the bars. She got a attorney and is trying to sue for her injuries caused by carelessness. Can she sue the driver of the bike for her injuries or is she responsible for getting on the bike with no gear to protect herself?
 


stephenk

Senior Member
First, edit your post. You repeated the facts and questions.

Second, yes she can sue him for causing her injuries. Since he doesn't know how the accident happened he can't really defend himself if she is saying he lost control of the bike. What has she said about how the accident happened?

you can't blame her for not wearing a helmet or for wearing sandals. Your friend could have said no riding without the right equipment.
 

Kane

Member
First of all, if she didn't know what she was doing, or wasn't dressed for it, he shouldn't have let her on his bike.

Second, "all we can figure"? I'm not even sure your scenario makes sense. But even if it does, it's one possible scenario. She was there. They're not going to pick your self-serving scenario over what she remembers.

So, yeah. If he caused the accident, she can sue him for her injuries.

I doubt he has enough money to pay for them, though. Hopefully, he has insurance.

Also, are you sure FL doesn't have a helmet law? When I was there, it wasn't true.
 

mb94

Member
FL Helmet Law

There was an amendment to the Florida law in 2000:

316.211. Equipment for motorcycle and moped riders

(3) (a) This section does not apply to persons riding within an enclosed cab or to any person 16 years of age or older who is operating or riding upon a motorcycle powered by a motor with a displacement of 50 cubic centimeters or less or is rated not in excess of 2 brake horsepower and which is not capable of propelling such motorcycle at a speed greater than 30 miles per hour on level ground.


(b) Notwithstanding subsection (l), a person over 21 years of age may operate or ride upon a motorcycle without wearing protective headgear securely fastened upon his or her head if such person is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or
riding on a motorcycle.

(4) No person under 16 years of age shall operate or ride upon a moped unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with standards established by the department.
 

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