Motorcyclist Dies in MacArthur Causeway Crash
A deadly motorcycle accident last Sunday on the MacArthur Causeway had traffic backed up for hours in the early morning. The crash occurred around 5 a.m. just east of Watson island. Florida Highway Patrol troopers responded to the scene of the crash, which was near Fountain Street, close to Jungle Island. FHP diverted traffic on the westbound lanes for hours after the crash, but the lanes have since been reopened. The identity of the victim has not yet been released. Authorities say the accident is currently under investigation and no further details were released to the public.
Motorcycles are an increasingly popular transportation option, but the road can be a dangerous place for riders. While states and the federal government have taken steps to improve driver education and motorcycle awareness, the rate of injury and death remains high. Today, a great variety of motorcycles are available to the public. Modern motorcycles range in speed from mere 30 mile-per-hour machines to those that can easily attain speeds in excess of 130 miles per hour. An inevitable consequence of the motorcycle’s increased popularity and use in recent years has been a drastic increase in the number of accidents involving motorcycles. Common causes of motorcycle crashes include roadway design defects and failures of car or truck drivers to observe and respect motorcyclists’ right-of-way. Attorneys
representing injured motorcyclists or the families of those killed face several challenges, including jury bias against motorcycle riders and limited insurance coverage.
Motorcycle Design & Manufacturing Defects
If you or a loved one suspects that an accident, they were involved in was due to a defect in the design or manufacture of a motorcycle, it may be difficult to determine whether the accident was caused by a design or manufacturing defect. It will usually be necessary to retain the services of a qualified mechanic or other expert, such as an accident reconstructionist, to ascertain whether there was a defect in the design or manufacture of the motorcycle, including its component parts. For this reason, it is critical that any evidence the suspected defect in the motorcycle be collected and maintained properly. It is suggested that all parts and pieces of the motorcycle, together with the instructions and labeling that came with the motorcycle, be gathered and carefully stored. Documents concerning the purchase of the motorcycle should also be obtained.
If you or a loved one suspects that an accident they were involved in was due to a defect in the design or manufacture of a motorcycle, you must be prepared to prove that the motorcycle was defective, that the motorcycle was sold in that condition, and that the defect caused or contributed to cause of the accident and injuries or death. In an accident situation, some of the indications of a possible defect in design or manufacture of a motorcycle may be as follows: (a) no apparent cause for the accident, such as slippery roads, speed or driver impairment; (b) no apparent reason for the motorcycle to malfunction; (c) strange noises from, or movement of, the motorcycle prior to the accident; and (d) tire malfunctions. A great resource that can be used to obtain information about a possible motorcycle defect or recall is on The National Highway Traffic Safety Administration (NHTSA) website. The NHTSA maintains a safety recall list providing information concerning defect investigations, safety recalls and other relevant data pertaining to particular types, makes and models of cars and motorcycles.
What are Some of the Most Common Motorcycle Defects?
Brakes: Defective motorcycle brakes can cause serious accidents and injuries. Brakes are probably the most important safety device on a motorcycle, but if the driver of a motorcycle cannot stop effectively using the brakes, an accident may occur. Motorcycles have an independent system for the front and rear wheels. There is a lever on the right handlebar which controls the front brake and the foot pedal controls the rear brake. Most street motorcycles now have hydraulically actuated disc brakes, at least on the front wheel, and often on the rear wheel. Hydraulically actuated disc brakes self-adjust for wear and are more resistant to wet surfaces. Some motorcycles have brakes which provide more power to stop than is necessary. Linked braking slows both wheels with a single control. With antilock braking systems, the rider can brake hard without fear of losing control of the motorcycle.
A defective brake system can prevent a motorcycle rider from being able to stop and avoid another vehicle. Even if the rider properly maintains the motorcycle’s brake system, a malfunction can still occur if there is a design or manufacturing defect or flaw in the system. Brake failure can be caused by the following: oil or grease leaking on the brakes, overheating, cracked brake cylinder, and worn or thin brake pads. Indications of brake failure due to a defect in the design or manufacturing of the motorcycle’s brakes may include the following: (a) squealing or squeaking brakes; (b) pulling to side when braking; (c) grinding noises when braking; (d) difficulty in depressing brake pedal; and (e) excessive pressure required to activate brakes.
Electrical systems: At all times, the lights on a motorcycle, such as headlights, taillights and dash lights, should operate properly. If the lights function intermittently rather than when activated, the electrical system of the motorcycle may be defectively designed or manufactured. The manufacturer may issue a recall if it detects a problem with the electrical system of a make and model of a motorcycle.
Engine: Motorcycle engine malfunctions can be based on a plethora of defects. Such defects can occur both in design and in manufacturing. As a result, the operators of the motorcycles may be exposed to higher safety risks and may require repair and replacement of parts.
Ignition: There have also been recalls of motorcycles due to problems with the ignition systems. This defect may consist of a faulty housing for the ignition switch which could allow water to enter and unintentionally activate the electric starter. Obviously, this defect in the ignition system could pose a serious threat of injury or death.
Throttle: A defective throttle mechanism may cause a motorcycle to move forward even when this is not the intention of the motorcyclist. This can create a very dangerous situation, particularly if there is also a failure of the braking system. In many cases, an alternative design to the throttle is available which may be comprised of the installation of a thumb throttle, an engine stop switch operated by an operator’s knee or an adjustable speed governor.
Tires: A defectively designed or manufactured motorcycle tire can be the basis of a product liability cause of action. Tires on motorcycles may have manufacturing defects or be subject to failure in performance. If a motorcycle tire fails, the rider may lose control. Both the government and manufacturers issue tire recalls every year, but consumers very often are not aware of the recalls. In fact, defective tires can remain in use and circulation for years. Motorcycle tire defects arise most often during manufacture. However, a motorcycle may also be defectively designed if the tire design does not conform to the motorcycle design.
Call Our Florida Motorcycle Accident Attorneys Today! If you have lost a family member in a motorcycle accident that was not his or her fault due to a defect, you may have a right to seek compensation for your losses. The Law Offices of Suarez & Montero Car Accident Attorneys is a personal injury law firm with locations in Miami and Broward. A wrongful death claim can seek funds that cover medical and funeral expenses, lost income and other significant losses. The accident attorneys at Suarez & Montero can help those of you who would like to pursue wrongful death motorcycle accident claim. To discuss how we can assist you, call us or contact us online. We encourage you to learn more about and the successes our attorneys have had on behalf of individuals and families who have suffered serious personal injury in accidents involving motorcycles.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
