Injured motorcycle passenger dies a month after accident

On Dec. 27, a 50-year-old New York native was injured in a motorcycle accident that occurred near MacGregor Boulevard and Gladiolus Drive. The woman was riding as a passenger on a 2001 Harley Davidson driven by a 46-year-old Cape Coral man. As the two headed southbound, they encountered a Mercedes turning left, which struck the motorcycle as the car’s driver executed the turn, and the victim was ejected from the motorcycle. Officials report that neither the victim nor the Harley’s driver wore a helmet. The drivers of both vehicles sustained minor injuries. The passenger of the Harley was taken to the hospital, where she later died. The driver of the Mercedes received a citation for violating right of way laws.

Florida law requires that the driver of a vehicle turning left at an intersection yield to oncoming traffic. The failure to do so is an infraction. In addition, if the Mercedes driver is found guilty of the violation, it may be used against her in a civil suit as evidence that she was negligent. Violation of a safety law is evidence per se that a person did not execute the standard of care expected of a reasonably prudent person under the circumstances.

A person who causes the death of another due to a negligent act may be liable in a wrongful death suit filed by the victim’s family. Damages in a wrongful death suit include compensation for the victim’s medical bills and funeral costs. The family may also be able to recover pain and suffering damages for the victim’s suffering during the time that she lingered in the hospital as well as for the loss of their loved one.

Source:Cape Coral Daily Breeze, “Officials: NY woman in motorcycle crash died,” Tiffany Repecki, Jan. 10, 2013

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