The Injury Board Commentary - Motorcycle Accidents - Most Commented

Will the Texas Legislature Really Approve Lane Splitting?

Brooks Schuelke — Thu, 26 Mar 2009 10:35:06 GMT

Before reading this blog post, watch a portion of the video below.

Did you watch it? If you did, thanks for listening. If you haven't, really go back and watch a few seconds.

The video is a good example of lane splitting, motorcycles driving between lanes of traffic. Doesn't seem very smart or safe to me, but yesterday the Texas Senate approved Senate Bill 506, which would make some lane splitting legal in Texas.

Your question is problem the same as mine? Why do we need that? Well, supporters of the bill suggest that allowing lane splitting will help improve traffic. As the motorcycles move up, it vacates spots in traffic for cars and trucks. Now I try and give people the benefit of the doubt, but that sounds ridiculous to me. I'm not sure what kind of traffic the supporters sit in, but when I'm in traffic, it's because there are too many cars and trucks, not because there are too many motorcycles. Now maybe if they voted to allow lane splitting for semis it would improve traffic, but motorcycles just aren't much of a problem.

Instead, this seems stupidly dangerous for all involved. I don't know about you, but I have a hard enough time changing lanes during rush hour traffic --- trying to find an opening or trying to make eye contact with the driver next to me so they'll let me in --- I don't need the extra difficulty of watching out for some idiot speeding up behind me on a motorcycle. And then imagine all the cars that move close together to try and cut off the motorcyclists. I just don't see how this is going to go well.

If you're interested in more, Fox 7 had a nice story last night, and I suggest you watch it.

Originally posted at InjuryBoard by Brooks Schuelke

New Law Punishes Drivers Who Endanger Motorcyclists

Pierce Egerton — Thu, 01 Dec 2011 20:03:58 GMT

Among the 35 new state laws that went into effect in North Carolina on December 1, 2011, is a new statute that establishes penalties for putting motorcycle riders in danger. It’s called The Motorcycle Safety Act, and it is my hope that drivers will become aware of this law and be more alert to the hazards that face motorcyclists.

When a driver forces a motorcycle to change lanes unsafely or run off the road, the driver will be cited with an infraction and fined $200. If the movement causes a crash that causes property damage or personal injury to the biker or a passenger, the fine will be $500.

Flikr - akeg's photostream

Motorcycle riders are at a higher risk on the road for a number of reasons. The Motorcycle Safety Foundation offers information for car and truck drivers, including this list of 10 tips to avoid crashes with bikes.

Ten Things All Car & Truck Drivers Should Know About Motorcycles

There are a lot more cars and trucks than motorcycles on the road, and some drivers don't "recognize" a motorcycle; they ignore it (usually unintentionally). Look for motorcycles, especially when checking traffic at an intersection.
Because of its small size, a motorcycle may look farther away than it is. It may also be difficult to judge a motorcycle’s speed. When checking traffic to turn at an intersection or into (or out of) a driveway, predict a motorcycle is closer than it looks.
Because of its small size, a motorcycle can be easily hidden in a car’s blind spots (door/roof pillars) or masked by objects or backgrounds outside a car (bushes, fences, bridges, etc). Take an extra moment to thoroughly check traffic, whether you're changing lanes or turning at intersections.
Because of its small size a motorcycle may seem to be moving faster than it really is. Don't assume all motorcyclists are speed demons.
Motorcyclists often slow by downshifting or merely rolling off the throttle, thus not activating the brake light. Allow more following distance, say 3 or 4 seconds. At intersections, predict a motorcyclist may slow down without visual warning.
Turn signals on a motorcycle usually are not self-canceling, thus some riders, (especially beginners) sometimes forget to turn them off after a turn or lane change. Make sure a motorcycle's signal is for real.
Motorcyclists often adjust position within a lane to be seen more easily and to minimize the effects of road debris, passing vehicles, and wind. Understand that motorcyclists adjust lane position for a purpose, not to be reckless or show off or to allow you to share the lane with them.
Maneuverability is one of a motorcycle's better characteristics, especially at slower speeds and with good road conditions, but don't expect a motorcyclist to always be able to dodge out of the way.
Stopping distance for motorcycles is nearly the same as for cars, but slippery pavement makes stopping quickly difficult. Allow more following distance behind a motorcycle because it can't always stop "on a dime."
When a motorcycle is in motion, don't think of it as motorcycle; think of it as a person.

Although data is not complete, motorcyclist fatalities are expected to total 4,376 in 2010 nationwide, according to the Governors Highway Safety Association. Deaths decreased by just 2 percent – far less than the 16 percent decrease in 2009. Perhaps North Carolina’s Motorcycle Safety Act can help improve that figure.

(For a list of North Carolina’s new laws click here.)

Originally posted at InjuryBoard by Pierce Egerton

Bike Week 2009 wrapping up.

Jeffrey Meldon — Sun, 08 Mar 2009 10:54:47 GMT

Daytona Beach Bike Week 2009 is wrapping up the festivities today and regrettably there have been 7 reported deaths this past 10 days. Fortunately this number is down considerably from 2006 when there were 26 reported deaths. Perhaps the cold dry weather earlier in the week and the sunny weather the past few days helped provide some measure of safety to the motorcyclists riding and partying in Daytona Beach this bike week.

Some of the deaths could possibly have been avoided if the riders were wearing helmets but most would have occurred regardless of this safety measure. Most bikers realize that it is the other car or truck driver who is either drinking, talking on their cell phone or even texting that is responsible for most of the accidents involving motorcycles. During a bike festival where 250,000 bikes converge in one town it is likely that the number of accidents, injuries and death will increase. However credit should be given to the Daytona Beach/Volusia County law enforcement agencies for planning ahead to slow down traffic and make pedestrian crosswalks in congested areas such as the Iron Horse Saloon and Destination Daytona to reduce the risk to bikers and pedestrians alike.

Unfortunately one couple on foot was mowed down on U.S. 1 by a careless driver while they were trying to get across the street to their pickup truck parked near Smiley’s Tap and the Broken Spoke in Ormond Beach. On Saturday a pickup truck reared ended a motorcycle in Daytona Beach ejecting and killing a passenger on the bike. Alcohol may have been a factor in the case and the driver of the pickup tuck is under investigation.

Some bikers insist that loud pipes help save more lives than any other single safety measure motorcyclists can take. While some people object to the noise there is no doubt that loud pipes do indeed let car and truck drivers know they are around. Interestingly the American Motorcycle Association is concerned that the controversy over loud pipes will damage the political movement for greater biker rights. They want to make sure that bikers can have the right to choose whether to wear helmets and don’t want to put stumbling blocks in the way of legislation to create more options for bikers.

As far as I could see, the great majority of the motorcyclists in town for Bike Week 2009 acted responsibly and from all appearances had a fabulous time in the motorcycle capital of the world. Let’s hope that Bike Week 2010 is even safer than this year.

Originally posted at InjuryBoard by Jeffrey Meldon

Watch for Pedestrians, Pets AND Bicycles at Trail Crossings

Doug Landau — Tue, 15 Feb 2011 07:20:00 GMT

Having run, biked and driven past the W&OD Trail crossing at Sterling Park Drive, Herndon bike injury lawyer has seen a number of "near misses" at this location. A Sterling Park Virginia bike accident results in the biker getting crushed and then getting a ticket, despite being waved on by at least one car driver. The local biker contacted Abrams Landau after being struck by a car in Sterling Virginia and being issued a Traffic Court Summons at the hospital. Member of the Landau Law Shop sports injury team had heard of other cyclists and pedestrians receiving their citations at the hospital, but it always strikes Herndon lawyer Doug landau as "adding insult to injury," especially where permanent injuries and disability are likely. In this case, as the local biker was headed West on the W&OD Trail from Herndon toward Sterling Virginia, he came to Sterling Virginia and then two lanes of motor vehicles heading South toward Route 28 (Sully Road) in Loudoun County.

There was no traffic in the first two lanes, so the cyclist crossed safely to he center grass and paved strip. the car in the first Southbound lane stopped and waved him and another cyclist to proceed. The other cyclist proceeded safely to get back on the W&OD Trail, however the local biker was struck broadside in the 4th lane by a car that never saw the athlete or his bicycle. The local cyclist was taken to the emergency room after this "T-bone" crash with fractures, lacerations and permanent injuries and scarring. However, the police officer charged the biker. Citing the lack of certain reflectors; lights during the evening ride and failure to wait for both lanes of Southbound traffic to stop and signal that it was safe to proceed, the Virginia law enforcement authorities charged the bike rider after the crash.

The lesson to be learned is that a cyclist should make sure that ALL lanes are clear before leaving the island or safety of the median strip. If you are not waived through and making eye contact, then think twice about cycling across the road. Just because you are following the W&OD Trail, it does NOT mean you have the right of way or superior rights when crossing the lanes of motorized traffic. Your bicycle commuting time, training ride or recreational spin make take longer, but your odds of returning safely should be your primary focus. Be alert, be smart and cycle safely.

Originally posted at InjuryBoard by Doug Landau

Are loud pipes protecting motorcycle riders?

Jeffrey Meldon — Sat, 28 Feb 2009 12:35:28 GMT

According to many riders in Daytona Beach for Bike Week, this week, they wouldn’t be caught dead on the road without their loud, modified, unbaffled straight pipes. They feel that it provides an added layer of protection against their “enemy” the car and truck driver who doesn’t see them and crashes into them causing death or serious injury. “If they don’t see us at least they will hear us”. Many riders believe they would have been killed or seriously injured had it not been for those loud pipes according to interviews conducted by the Daytona Beach News-Journal.

There is only one problem: it is against the law. Not only that, but most people dislike the sound of loud pipes roaring inside their brain. The maximum sound level by Florida law for a motorcycle traveling at 35mph at a distance of 50ft. is 78 decibels. By comparison, a blender generates 90 decibels from a distance of 3 feet. The ear piercing sound of a Harley with modified straight pipes can far exceed the lawful decibel level.

During bike week most bikers get a free pass on noise ordinance violations but more and more neighborhoods are banding together to reduce unwanted sounds. In fact, the American Motorcycle Association (AMA) regards excessive sound from the exhaust as the single greatest threat to motorcycling. Regardless of how “safe” loud pipes are for the rider the AMA has to protect the interests of the majority of law abiding motorcyclists around the country.

My advice, as a motorcycle accident attorney for 37 years, if you really want to protect yourself while riding, wear the recommended safety equipment (helmet, eye protection, leathers, proper footwear) and carry lots of insurance on your motorcycle policy. In Florida car and truck drivers have no requirement to carry mandatory bodily injury insurance so if you are in a crash caused by someone else you will probably have to pay all the bills yourself. And you will recover nothing for your lost wages and pain and suffering. The only way to fully protect yourself is to buy lots of motorcycle insurance with at least 50k in medical payments coverage and 100k in uninsured motorists coverage. This is minimal coverage and higher limits should be considered particularly for uninsured motorists’ insurance.

Originally posted at InjuryBoard by Jeffrey Meldon

Motorcycle Accidents and Helmet Laws

Beth Janicek — Tue, 29 Sep 2009 16:21:24 GMT

Just this morning while looking through the news, I found three articles relating to motorcycle accident deaths in central Texas. The first was a U.S. Army soldier, Luke D. Yustin, 25, from Killeen, Texas who died on Friday in a motorcycle crash in Gillespie County. In the second accident, Errin Johnson, 34, was killed, and her husband, Gerald Johnson, 36, a Bandera County deputy, was seriously injured when their motorcycle was struck from behind by a truck over the weekend. The third motorcycle accident resulting in a fatality this weekend occurred in San Antonio, when Jeffrey McCarty, 47, crashed his motorcycle into an ambulance.

These accidents were extremely unfortunate events that regrettably took the lives of three people. Reading these articles made me wonder whether or not these people were wearing helmets, and what the statistics are regarding motorcycle accidents and the use of helmets.

While researching motorcycle accidents and helmet laws I found that the federal government estimates that per mile traveled, the number of deaths on motorcycles in 2006 was about 35 times the number in cars. In fact, the number of motorcyclist deaths has been rising in recent years, and in 2007, there were more deaths in motorcycle accidents than in any year since the National Highway Traffic Safety Administration (NHTSA) began collecting fatal crash data.

Helmets can decrease the severity of head injuries, the likelihood of death, and the overall cost of medical care. NHTSA has estimated that helmets can reduce the likelihood of a fatal crash by 37%. It is important to know what the helmet laws are in your state if you are considering riding a motorcycle. If your state has a universal helmet law, than a helmet is required for all riders. Partial helmet laws usually only require people under the age of 18 to wear a helmet. The Insurance Institute for Highway Safety has provided an interactive map detailing each state’s helmet laws.

Originally posted at InjuryBoard by Beth Janicek

Motorcycle Deaths Skyrocket On Oahu

Wayne Parsons — Sun, 12 Apr 2009 17:59:42 GMT

The sad facts about motorcycle crashes in Hawaii:

7 motorcycle deaths on Oahu in 2008
2 motorcycle deaths on Oahu on a single day - January 1, 2009
6 motorcycle deaths on Oahu in the first 3 months of 2009
2 motorcycle deaths on Neighbor Islands in March 2009

Speed probably has something to do with this. And people often complain about motorcycles and mopeds swerving in and out if traffic. Not wearing motorcycle helmets is often said to be a factor in the seriousness of the injury. Motorcycle Safety has gotten a lot of attention as I wrote in an article on January 3, 2009: Motorcycle Safety Education Gets Attention After Fatal Crashes.

What do you think. All I know is that it is sad to see these tragic events occur in larger numbers. Each fatality is devastating to a family.

As Michael Tsai of the Honolulu Advertiser reports:

Just last month, HPD called on local drivers and motorcyclists to slow down and be aware of their surroundings in response to a surge in motorcycle-related accidents.

Two days later, Wesley Garcia of Wai'anae was killed when he lost control of his motorcycle and fell in the path of a school bus.

Last week, Simon Cesar, 19, of Hilo, was killed when the 2006 Suzuki motorcycle he was borrowing crossed the center line of Kipimana Street and struck a utility pole.

On Friday, 24-year-old Joshua Thurman of Lahaina died when he lost control of his motorcycle and crashed into a guardrail on Honoapi'ilani Highway on Maui.

One thing for sure, drivers need to share the road with motorcyclists, keep a lookout for a moped or motorcycle and all drivers on the highways must be cautious. Chris Laye is president of the local Harley Owners Group. Michael Tsai spoke with him about the problem:

"Motorcyclists need to slow down, take their time and not be in a rush to get where they're going," said Chris Laye, president of the local Harley Owners Group. "Drivers need to be aware of their surroundings, always their 6 o'clock (checking behind when changing lanes) and look who's around."

Laye, 38, said unstable gas prices and the rising popularity of motorcycles in general have contributed to greater numbers of riders on the highways, which in turn necessitates greater vigilance and responsibility by all.

"I would not necessarily say it's been a bad year; there has just been some misfortune," he said. "As long as people do the basic things like be aware and wear the proper protective equipment, (Honolulu) is as dangerous or as safe as anywhere else."

The statistics are a wake-up call to all motorists, moped riders and motorcycle riders.

Originally posted at InjuryBoard by Wayne Parsons

Teen Motocross Death In North Florida

Eddie Farah — Sat, 20 Sep 2008 22:30:41 GMT

Students at Bartram Trail High School are mourning a senior who was killed this week in a motocross track accident in Flagler County, Florida.

Bennet “Ben” Gordon Geiger Jr. was just 17 years old. He had been riding motocross for two years and was on a practice ride at the Pax Trax Motocross in Bunnell Tuesday when his landed under his motorcycle after a jump. He was wearing a helmet. Geiger was airlifted to Flagler Hospital where he died. The medical examiner is conducting an autopsy.

There was a moment of silence for Geiger during the Friday night football game with Creekside High School.

The principal says the students are in shock.

“I think one of the main thing with students this age is because it’s so final, going to class you sit down in your desk and there is the empty desk your friends was the day before, and it’s just hard to deal with that.”

Big John Scott who had Ben in his Bible study and in his high school class, said online that Ben was “Quite possibly the funniest kid I ever met. Your friends are just ruined today.”

“Riding dirtbikes must have been his biggest love, I remember him talking about it all the time. At least he died doing what he loved best. “Only the good die young,” says Nina Alvarez online.

Ben's death is all too commonplace among riders. Concussions, broken backs, extremeties, and fractures frequently occur.

According to the CDC in a 2006 report, most people injured from off-road motorcycle riding among children and teens are male. More than 23,000 young people, under the age of 19, were treated in U.S. hospital emergency rooms for their injuries each year from 2001 to 2004. During that same period of time, 245 died. Most of the injuries were fractures to the head or extremities.

But sales are popular with thousands of racing events every year. The sport glamorizes dangerous moves that young riders feel pressure to imitate.

Matching ages and abilities on the track is one way to minimize dangers. Wearing protective clothing, high boots, helmets and gloves are recommended by the American Motorcycle Association. And making jumps more rounded is advised by one father who tried to make the sport safer for his son.

Nearly 300,000 off-road motorcycles were sold in the U.S. in 2003 alone, and that is nearly twice the sales figures for 1999. Our condolences to Ben's family and classmates.

Originally posted at InjuryBoard by Eddie Farah

Free Helmets to Keep Kids Injury Free

Doug Landau — Mon, 17 Oct 2011 06:32:00 GMT

"Keep those lids on the kids!" was the call to action at last week's free bike helmet ("lid") giveaway. Thanks to an energetic doctor in a white lab coat, uniformed police officers and a local bike safety lawyer, Herndon Virginia's Hutchison Elementary School sixth graders learned about using their heads, protecting their brains and then received complimentary bicycle helmets.

With the "hands on" help of Dr. Paul Aravich from Eastern Virginia Medical School, Fairfax County Police Officers, and bike safety lawyer Doug Landau of the Herndon law firm Abrams Landau, the students got rubber gloves and were encouraged to hold and touch real human brains, skulls and spinal cords. The focus of the program was making good choices, including the choice to wear head protection when cycling, skate boarding, roller blading, long boarding, mountain biking and other wheeled sports. According to the Virginia Department of Health, bicycle helmets, when worn properly, reduce the risk of a serious brain injury by almost 90%. The Herndon school children were encouraged to wear a helmet when biking. After the school assembly, a new Bell Sports bike helmet was given to every child in the Hutchison Elementary School sixth grade, along with information to take home in a drawstring backpack.

Mr. Landau is known as "the Athletes Lawyer” because of his representation of injured bikers and other injured athletes. Landau is a competitive triathlete, who is a three time winner of the Herndon Super Sprint Triathlon, a USAT Triathlon All American and World Championship qualifier. Mr. Landau is sponsoring the event in cooperation with the Virginia Trial Lawyers Law Foundation and Mr. Henry Tragle, an outstanding local triathlete and father of 2, who was injured on his bike. Fortunately Mr. Tragle's brain was protected because he was wearing his helmet during the fateful training ride near his Loudoun County home. Mr. Tragle won this year's Reston Sprint race and was runner up at last month's popular Reston Triathlon.

Doug Landau hopes to visit other Reston, Herndon and Oak Hill Virginia area schools in order to protect other students and prevent disabling and fatal head injuries to these young cyclists. If you or someone you know or care for would like Mr. Landau to come to their school to discuss bike safety and traumatic brian injury, please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555).

Originally posted at InjuryBoard by Doug Landau

New York Motorcyclist Dies Fighting Against A Law That Could Have Saved His Life

Mark Bello — Tue, 05 Jul 2011 11:47:30 GMT

Motorcycle helmets provide the best protection from head injury in the event of an accident, yet many riders continually protest state law requirements. A recent protest ride unfortunately ended in the death of a 55-year-old New York motorcyclist. The ride was organized by the Onondaga Chapter of American Bikers Aimed Towards Education (ABATE), an organization that says it encourages the voluntary use of helmets, but opposes mandatory helmet laws.

The man was riding with a large group, protesting against New York's mandatory helmet law when he crashed, striking his head on the pavement. Police believe he fishtailed upon applying his brakes and was sent over the handle bars. He suffered a skull fracture and was later pronounced dead at an area hospital. Police and the doctor said that the man's death could have been prevented if he had been wearing a helmet.

ABATE's president,Thomas Alton, said although mandatory helmet laws are a major issue, the organization's number one priority is awareness. “A large percentage of motorcyclists killed on the highway have been because a car turned left in front of it," said Alton. I agree with Mr. Alton that increased awareness should be a top priority, however, studies have been proven that helmets reduce serious traumatic head injuries and fatalities. The National Highway Traffic Safety Administration (NHTSA) found that in the three years after Florida's repeal of its mandatory helmet law there was an 81 percent increase in fatalities.

Today, helmets are mandatory for all riders in only 20 states. My home state, Michigan, has been in the news over a recent attempt to repeal its motorcycle helmet law. The legislation recently passed the Senate; it is expected to be signed by Governor Rick Snyder. Hopefully, this latest motorcycle fatality in New York will cause the governor to veto the legislation and help encourage more motorcyclists to wear helmets.

If you would like to contact Gov. Snyder, send an email to Rick.Snyder@michigan.gov, or contact your local legislator at legislature.mi.gov.

Increased awareness by everyone – automobile drivers and motorcyclists - will result in greater safety. Click here for tips in sharing the road.

Ma rk Bello has thirty-three years experience as a trail lawyer and twelve years as an underwriter and situational analyst in the lawsuit funding industry. He is the owner and founder of Lawsuit Financial Corporation which helps provide legal finance cash flow solutions and consulting when necessities of life litigation funding is needed by a plaintiff involved in pending, personal injury, litigation. Bello is a Justice Pac member of the American Association for Justice, Sustaining and Justice Pac member of the Michigan Association for Justice, Business Associate of the Florida, Tennessee, and Colorado Associations for Justice, a member of the American Bar Association, the State Bar of Michigan and the Injury Board.

Originally posted at InjuryBoard by Mark Bello