The most common type accident for both cyclists and motorcyclists occurs when an oncoming vehicle fails to yield the right of way, and makes a left turn in front of the oncoming cyclist or motorcyclist. That is exactly how Rami Hamzi injured his shoulder. Mr Hamzi was riding his motorcycle on Military Trail near Rivinia Drive in Jupiter, when he collided with a car making a left turn in front of him.
The defendant alleged that Mr. Hamzi was speeding, and that he tried to swerve rather than brake. To a certain extent the jury agreed, and found Mr. Hamzi 28% liable. Nonetheless, the jury awarded Mr Hamzi $766,456.00($551,000.00 post reduction) for a torn rotator cuff and torn labrum. That is an excellent result.
Motorcycles are exempt from the Florida Motor vehicle No Fault Statute (PIP), and thus do not afford their drivers PIP coverage. As a result there are 2 important distinctions for motorcycle accident cases. First and foremost, the defendant does not get a $10,000.00 PIP setoff for medical bills. The defendant is responsible for medical bills from dollar $1.00. Secondly, a motorcyclist does not need to prove a permanent injury in order to recover pain and suffering damages. The permanent injury or threshold requirement is where most car accident ( car v. car ) cases are lost. Specifically, a Plaintiff must prove that he/she suffered a permanent injury within a reasonable degree of medical probability, and that the injury was proximately caused by the accident. This is where the insurance company digs in, and contests the injury itself and the causal relationship to the accident.