Car rear ends motorcycle, leaves two dead in Pasco County
A Florida teenager was involved in a weekend accident that claimed the lives of an Ohio couple on a motorcycle. According to an accident report filed by the Florida Highway Patrol, the 37 year old male and the 32 year old female, both from Chillicothe, Ohio, were riding a 1996 Harley Davidson motorcycle at around 11:00 pm on Saturday night. The motorcycle, which did not have a functioning tail light, was traveling northbound along Interstate 75 in Pasco County, Florida when it was rear ended by a 2015 Nissan Altima driven by an 18 year old female from Wesley Chapel, Florida. According to a statement in the accident report, the driver says she did not see the motorcycle ahead of her.
The crash with the Nissan pushed the motorcycle into the path of an oncoming 2017 Honda Accord, driven by a 16 year old female from Oxford, Florida, who suffered minor injuries as a result of the accident. The motorcycle was then struck by a 2000 Lexus driven by a 52 year old male from out of state. The report does not state whether or not he was injured during the incident.
When police arrived they found the motorcycle driver dead at the scene. The passenger was transported to nearby Wesley Chapel Hospital, where she later dies from injuries suffered during the accident. In addition to driving without a headlight, neither of the deceased had been wearing motorcycle helmets at the time of the crash.
Although typically when a car rear ends a motorcycle, more often than not the driver of the car is at fault – usually because of intoxication, speeding or driving while distracted. In such a case, the surviving family of the deceased motorcyclists could file a wrongful death lawsuit against the driver of the car. Although in the case at hand this could still happen, it will likely not result in the plaintiffs receiving any compensation for two reasons. First, based on the facts at hand, it does not seem that the driver was negligent in any way. Second, the motorcyclists were negligent themselves in their failure to drive with a functioning tail light and their failure to wear helmets. Any negligence on the part of the driver of the car would likely be nulled by the negligence of the motorcyclists.
If you or a loved one have been injured in a Florida motor vehicle accident, you could be entitled to compensation. To learn more, contact the Law Offices of James O. Cunningham, P.A. today.
James O. Cunningham
Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.