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Woman Killed After Falling Off Motorcycle on I-95 in Volusia County, FHP Says

Michael T. Flanagan, Esq.

A tragic motorcycle crash on Interstate 95 in Volusia County claimed the life of a woman Friday afternoon after she fell from the back of a motorcycle, according to the Florida Highway Patrol (FHP). Authorities say the incident occurred after the passenger allegedly fell asleep while riding, leading to her fatal fall onto the highway.

The crash has raised serious questions about driver responsibility, licensing requirements, and passenger safety on motorcycles.

According to FHP:

  • The crash occurred around 2:00 p.m. on Friday, December 26
  • Location: Northbound I-95, south of W. Halifax Avenue
  • The victim was a 34-year-old woman riding as a passenger on a motorcycle
  • Troopers say she fell asleep and fell off the motorcycle
  • She struck a guardrail and was pronounced dead at the scene

After the woman fell from the motorcycle, the driver pulled over and stopped on the shoulder.

The motorcycle was driven by 45-year-old Ricardo Bernal, who was arrested at the scene, according to FHP.

Troopers say Bernal:

  • Was driving with a revoked license
  • Did not have a motorcycle endorsement
  • Is considered a habitual traffic offender
  • Was booked into the Volusia County Jail

Bernal now faces charges including driving with a revoked license resulting in death, along with operating a motorcycle without proper authorization.

Motorcycle passengers rely entirely on the driver’s skill, licensing, and compliance with safety laws. Florida law requires:

  • A valid driver’s license
  • A motorcycle endorsement
  • Proper training and legal eligibility to operate a motorcycle

Operating a motorcycle without legal authorization significantly increases the risk of fatal outcomes—especially at highway speeds.

Passengers falling from motorcycles often suffer catastrophic or fatal injuries due to:

  • Lack of physical protection
  • High-speed travel
  • Proximity to traffic and fixed objects like guardrails
  • Delayed reaction time when a rider becomes unstable

Liability in Passenger Motorcycle Fatalities

Even when a passenger’s actions (such as falling asleep) are involved, liability may still rest with the driver—especially when the driver:

  • Was not legally permitted to operate the motorcycle
  • Had a revoked license
  • Lacked required training or endorsement
  • Was a known habitual traffic offender

Florida follows a comparative negligence system, meaning fault may be shared—but illegal operation of a motorcycle is a major factor in determining responsibility.

In many cases, families may have valid claims for wrongful death, even when circumstances are complex.

Wrongful Death Rights Under Florida Law

Under the Florida Wrongful Death Act, surviving family members may be entitled to compensation for:

  • Funeral and burial expenses
  • Medical costs incurred before death
  • Loss of companionship, guidance, and protection
  • Mental pain and suffering
  • Loss of financial support

Depending on the facts, liability may extend to:

  • The motorcycle driver
  • Vehicle owners
  • Insurance carriers
  • Other responsible parties

These cases require immediate legal action to preserve evidence and protect the family’s rights.

How Flanagan & Bodenheimer Helps Families After Fatal Motorcycle Crashes

At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we represent families devastated by motorcycle fatalities and catastrophic crashes throughout Florida, including Volusia County.

We intentionally maintain a small caseload, ensuring every family works directly with an experienced attorney—not a case manager.

Our team moves quickly to:

  • Conduct an independent investigation
  • Secure roadway and crash evidence
  • Review licensing and criminal history
  • Identify all insurance coverage
  • Work with accident reconstruction experts
  • Handle all insurer and law enforcement communications

Families pay nothing upfront—we only get paid if we recover compensation.

If your loved one was killed in the I-95 motorcycle crash near W. Halifax Road, you may have legal options that deserve careful, compassionate review.

📞 Contact Flanagan & Bodenheimer Injury & Wrongful Death Law Firm for a free, confidential consultation.

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