Motorcycle Accidents and Florida Good Samaritan Laws

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Two people riding fast on a motorcycleA fire spread from a motorcycle to its rider after he crashed his bike into the back of a vehicle in South Daytona Beach. The victim owes his life to the quick-thinking bystanders who doused the flames, according to a news story published by the Orlando Sentinel. The New Smyrna Beach resident was riding his Suzuki GSX-R on Saturday morning when he ran into the back of a 2000 Chevy Cavalier that was being driven by a 72-year-old Daytona Beach woman. The driver of the Chevy did not sustain injuries in the crash. The 22-year-old motorcyclist, who was wearing a helmet when he crashed, according to law enforcement, was listed in critical condition after the crash. According to eyewitnesses, the motorcycle and its rider caught on fire shortly after the crash which the bystanders extinguished right away. It is uncertain whether the motorcyclist was driving recklessly.

Good Samaritan Law

Florida Good Samaritan law involves the liability a person may or may not face when voluntarily coming to the aid of an injured stranger. At the core of these laws, they protect those helping hands from liability when a personal injury case moves forward should the victim who was helped suffer further injuries or death despite (or because of) the good Samaritan’s intervention. Under Florida law, a good Samaritan who helped an injured victim and accidentally caused more damage while trying to help cannot be sued by the victim for injuries that were accidentally caused during the course of assistance. There are a few exceptions in Florida to the Good Samaritan law, however. First, once a good Samaritan chooses to administer care to an injured victim, he or she has a duty to exercise reasonable care when doing so. In other words, the volunteer must act the same way a reasonable person would in the same situation. If the good Samaritan acts recklessly or intentionally causes further harm, then he or she can certainly be held partially liable for harm suffered. Moreover, some individuals are not covered by Good Samaritan laws. Specifically, off-duty nurses or healthcare providers as well as EMTs and law enforcement officers do not fall under this law. Finally, if the injured person relied upon the person to received care in the first place and was harmed as a result of the care, the Good Samaritan law does not apply. An example of this scenario would be if a primary care physician causes additional harm to an injured person while treating him or her, then the doctor could be held liable for the harm.

Florida Good Samaritan law involves the liability a person may or may not face when voluntarily coming to the aid of an injured stranger.

Orlando Motorcycle Accident Attorneys

If you or someone you know has suffered a personal injury in a Florida pedestrian or motorcycle accident, contact the personal injury attorneys at Bogin, Munns & Munns. With more than a dozen offices located conveniently throughout Central Florida, our auto accident attorneys can help guide you every step of the way. Click here today to schedule your free personal injury consultation with one of our local attorneys.

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NOTICE: The article above is not intended to serve as legal advice, and you should not rely on it as such. It is offered only as general information. You should consult with a duly licensed attorney regarding your Florida legal matter, as every situation is unique. Please know that merely reading this article, subscribing to this blog, or otherwise contacting Bogin, Munns & Munns does not establish an attorney-client relationship with our firm. Should you seek legal representation from Bogin, Munns & Munns, any such representation must first be agreed to by the firm and confirmed in a written agreement.

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