Fort Lauderdale, FL (Vocus) December 21, 2010
Personal injury lawyers at Boone and Davis are currently representing the estate of a wrongful death victim, who was killed in a Florida motorcycle accident in 2007. State requirements say all motorcycle riders 21 years old or younger must wear helmets, and the victim, at 42 years old, was older than what the state rules enforce. Incidents such as this can become a case for any motorcycle accident lawyer Florida, even after the state enacted a helmet law in 2008.
Florida implemented a state law governing use of motorcycle helmets in 2008. According to the 2009 Florida Traffic Crash Statistics Report, fatalities from motorcycle accidents fell 24% in 2009, compared to before the law was enacted. When Florida’s helmet law was repealed in 2000, motorcycle fatalities rose from 164 in 1999 to 241 the year after, according to statistics from the National Highway Traffic Safety Administration (NHTSA).
When California introduced a helmet law in 1992, motorcycle fatalities fell 36% in one year, while repeal of all-rider helmet laws in Arkansas and Texas in 1997 led to a 97% decline in the rate of helmet use in both states. In Arkansas, helmet use fell to 52% and to 66% in Texas, while fatalities increased by 21% and 31%, respectively. General statistics show a nearly 100% use of helmets where helmet laws are in place, while the rate drops to 34-54% in states where there are no helmet laws or age-specific helmet laws.
Michael Davis, Managing Partner at Boone and Davis, and himself a motorcycle accident injury lawyer Fort Lauderdale, said, “Motorcycle helmet laws lead to a decline in motorcycle accident deaths across the board. When these laws are not in place, or are repealed, we see an increase in deaths from motorcycle accidents. While a current wrongful death case involved the loss of a 42 year old male in 2007, Florida’s 2008 law does not cover those over 21. All-rider helmet laws lead to the largest declines in motorcycle deaths.”
The NHTSA also estimated that helmets saved the lives of over 1,100 motorcyclists in 2003, but 640 more lives could have been saved if all motorcycle riders wore helmets. A study conducted at the University of Southern California found that three-fourths of motorcycle accidents involved a passenger automobile, while a quarter of accidents were collisions with fixed objects. Less than 3% of accidents were because of mechanical failure of the motorcycle, while weather did not play a part in 98% of all accidents. Accident victims are predominantly males between the ages of 16 and 24.
Lack of attention and experience are common traits with motorcycle accident victims, as half have less than five months of riding experience. Riders can take measures to avoid accidents, but helmets significantly reduce the severity of injuries, as has been shown by the results of laws that require motorcycle riders to wear helmets, as many a motorcycle accident lawyer Florida has seen in legal cases time and time again.
About Boone and Davis
Boone and Davis is a law firm started 28 years ago by personal injury lawyers David Boone and Michael Davis. Representing clients in South Florida, the firm covers automobile accident, truck accident, wrongful death, motorcycle accident, theme park accident, slip and fall, and various injury claims. The company’s lawyers possess the knowledge and skill to navigate through complex cases to recover damages to those who have been injured due to the acts of others.