Florida Wrongful Death Laws Change

"Police Chase Ends in Wrongful Death of Innocent Motorist..."

Sadly, this is a headline we have already read a few times this year. There is another story to this issue that probably will not make the headlines, but it deserves attention nonetheless.

In 2006 the Florida Legislature gave police additional legal protection in the area of police chases. In the Florida Wrongful Death Act, the burden for causing someone else’s death should be borne by the person who caused the wrongful death. Granted, we can all agree that the motorist who fled when the lights and sirens were turned on should have stopped. At this point, all the facts are not known and it may well be that the all the fault starts and stops with the fleeing motorists. I learned a long time ago that making a decision without all the facts is problematic.

Though the facts are still being reviewed, the law was changed effective June 20, 2006. Police agencies are not liable for injury, death, or property damage effected or caused by a person fleeing from a law enforcement officer in a motor vehicle if:

1. The pursuit is conducted in a manner that does not involve conduct by the officer which is so reckless or wanting in care as to constitute a disregard of human life, human rights, safety, or the property of another;

2. At the time the law enforcement officer initiates pursuit, the officer reasonably believes that the person fleeing has committed a forcible felony as defined in s. 776.08; and

3. The pursuit is conducted by the officer pursuant to a written policy governing high-speed pursuit adopted by the employing agency. The policy must contain specific procedures concerning the proper method to initiate and terminate high-speed pursuit. The law enforcement officer must have received instructional training from the employing agency on the written policy governing high-speed pursuit.

The law cited above comes from Florida Statute § 768.28(9)(d)1, 2, 3 and the Florida Wrongful Death Act starts at Florida Statute §768.18 and ends at §768.27.

All citizens of Florida should be aware of this dramatic change from one section of law to the next!

Motorcycle Accidents and Rights for Motorcycle Operators

Motorcycle accidents present unique challenges for an attorney. The first is a tendency by some people to believe that many, if not all, motorcycle drivers drive carelessly or recklessly. We understand the real issue is what happened in your accident.

Florida law provides for several duties of other motorists toward motorcycle operators. It also provides several rights for motorcycle operators. We have used these laws and our experience in successfully representing people injured while operating motorcycles. To discuss your case or to learn more about the cases we have handled and the specific results we achieved please contact us.

Some of the specific Florida laws we have used successfully are listed below.

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL

316.208 Motorcycles and mopeds.--

(1) Any person operating a motorcycle or moped shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter and except as to those provisions of this chapter which by their nature can have no application.

(2)(a) Any person operating a moped upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:

1. When overtaking or passing another vehicle proceeding in the same direction.

2. When preparing for a left turn at an intersection or into a private road or driveway.

3. When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For purposes of this paragraph, a "substandard-width lane" is a lane that is too narrow for a moped and another vehicle to travel safely side by side within the lane.

(b) Any person operating a moped upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.

(3) A person propelling a moped solely by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances, except that such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian.

(4) No person shall propel a moped upon and along a sidewalk while the motor is operating.

(5) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 8, ch. 87-161; s. 163, ch. 99-248.

Note.--Former s. 316.127

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL

316.209 Operating motorcycles on roadways laned for traffic.--

(1) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.

(2) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.

(3) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.

(4) Motorcycles shall not be operated more than two abreast in a single lane.
(5) Subsections (2) and (3) do not apply to police officers or firefighters in the performance of their official duties.

(6) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 165, ch. 99-248; s. 1, ch. 2003-92.

Note.--Former s. 316.109.