The Injury Board Commentary - Motorcycle Accidents

Biker Hit and Run = One DC Truck Driver's Cowardly Act

Doug Landau — Wed, 01 Feb 2012 06:46:00 GMT

A truck driver who hit a biker on a DC street had his actions captured on film as the cyclist was wearing a helmet camera ! Watch this film clip and you will see what bicycle commuters and athletes training on their bikes have to contend with all too frequently. I have been ridden off the road, the victim of things thrown from moving cars and cursing and "the finger." Road rage, rude drivers, people in a hurry in the DC metro area have exposed all of us trying to get some 2-wheel exercise or commuting to work on bicycles to unsafe actions on local roads and Interstate Highways in Virginia, Maryland and the District of Columbia. The helmet camera recording of a truck driver riding a biker off the road and then driving off should give everyone pause.

What this truck driver did was dangerous. No one can seriously argue otherwise, since he saw the bicycle commuter, who was riding to the motorist's left at a speed slower that the cars around him, in broad daylight, yelled at him and then pushed him over into the asphalt. But Herndon bike injury lawed Doug Landau also adds, "what the driver behind the wheel, and in the safety of his truck, demonstrated, is that he is not any an unsafe driver, but a coward as well. A truck is essentially a small tank. Against a small tank, a bicycle has no chance in any impact at speed. Any driver who uses his truck, car or motorcycle as a weapon, should lose their license to operate any motorized vehicle for a very long time." If you or someone you know or care for has been injured as the result of a bike crash (or "near miss") with a truck, car or motorcycle and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, as Virginia, Maryland and DC have legal time limits for these cases.

Originally posted at InjuryBoard by Doug Landau

Motorcycle Helmet Safety - Current Scientific Advances

Jeremy Thurman — Fri, 27 Jan 2012 11:59:00 GMT

The NFL has been in the news quite a bit recently over a number of lawsuits brought by retired players claiming the NFL didn’t do enough to protect them from head injuries while playing. Some of the cases even extend to the helmet manufacturers, with one of the issues being whether players were given the safest, most effective helmets available. Football helmets have definitely come a long way since the days of strapping on what today would be considered a flimsy leather or plastic cap.

And moving outside just the context of football, we see the same sort of advances in helmet design and effectiveness for other activities as well. Take motorcycling. It wasn’t all that long ago that motorcycle helmets were made of padded leather and weren’t actually all that effective at protecting bikers from serious head injury. Today’s motorcycle helmets, by comparison, are technologically impressive—an extremely effective. NHTSA has estimated that helmets are 37% effective in preventing fatal injuries to riders and 41% effective for passengers. In 2008 alone, helmet use saved the lives of 1,829 motorcyclists.

So what is it about motorcycle helmets that make them so effective? What sort of advances are we talking about?

First, according to the Snell Foundation, helmets work like a brake or a shock absorber. Brain injuries happen because in an accident the brain absorbs a large amount of energy. If the helmet can reduce that amount of energy, then a brain injury is less likely. There are two ways a helmet does this: (1) with a hard, outer shell that “disperses” the energy. In other words, it takes all the energy of the impact and spreads it over a larger surface area so your brain doesn’t have to absorb it all; and (2) with foam lining that will crush and break during a crash, absorbing energy so your brain doesn’t have to.

The big advances in helmet technology have meant that both of those parts—the hard lining and the foam inserts—are better at doing their jobs. Motorcycle helmets today aren’t leather or cheap plastic. They are made of complex materials like polycarbonate, a fiber-reinforced material that is stronger than steel by weight, Kevlar or fiberglass. Significant research and testing has gone into striking the right balance between the strength of this shell and its ability to compress when necessary.

Meanwhile, the inside impact-absorbing liner, is generally made of polystyrene or Styrofoam, effectively cushioning and absorbing shock during a crash. Here again, technology has been developed to provide just enough padding to help the head come to a smooth stop instead of suddenly being jolted against a hard surface. Now, aside from getting the padding “just right” there’s even a helmet out there now that claims to provide a sort of immediate medical attention—by using technology that kicks into cool the brain and prevent brain swelling in the seconds right after crash.

Other advances such as improved chin straps, more precise helmet sizing, and increased range of visibility also mean that today’s helmets are more effective—and constantly improving—for individual riders. And building comfortable helmets is not to be ignored. Providing appropriate ventilation, built-in communication devices, making them lightweight and padded on the inside all means that riders are more likely to put the helmet on in the first place. And that, after all, is the most important part: no matter how advanced a helmet is it doesn’t do much good if it’s sitting in the garage at home when a crash happens.

Regardless of whether you’re an occasional or avid motorcycle rider, make sure that you get a helmet that works for you and that you put it to use.

Originally posted at InjuryBoard by Jeremy Thurman

Oakland Motorcycle Fatality

Claude Wyle — Thu, 12 Jan 2012 01:09:40 GMT

As an avid motorcycle rider and motorcycle attorney I have to say that I have heard way too many motorcycle fatality stories lately. There seem to be more bikers who are crashing and more car drivers who are hitting motorcycles, with often deadly consequences. So, once again it is my sad duty to blog to the motorcycle community about another life lost, and the facts are not readily available.

Sadly, on Thursday evening, January 5th, a 34-year-old motorcyclist riding in East Oakland hit a car and was killed. The details as to the cause or causes of this fatal East Oakland motorcycle accident are not all in. If you or someone you know witnessed this Oakland motorcycle accident, please call the Oakland Police Department at your very earliest opportunity.

The fallen motorcycle rider was identified as Oakland resident Jeffery Alexander, according to the Alameda County Coroner's Office.

The motorcycle car accident occurred about 5:30 p.m. at 98th Avenue and Olive Street when the motorcycle was apparently hit by a small white sedan. Although several emergency personnel responded to the accident scene, they were unable to save the life of this latest fatal Oakland motorcycle accident victim.

My heartfelt condolences go out to the family of Mr. Alexander.

About the author: Claude Wyle is an aggressive advocate for San Francisco Bay Area motorcle riders. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a San Francisco and Oakland motorcycle accident attorney, has fought to protect the rights of injured motorcyclists throughout his legal career.

Originally posted at InjuryBoard by Claude Wyle

Motorcycle Helmets can prevent a Traumatic Brain Injury

Mark Bello — Thu, 05 Jan 2012 09:50:03 GMT

A man remains in a coma following a motorcycle accident on December 13. Apparently, traffic began to slow and the man could not stop before he rear-ended a vehicle in front of him. The motorcyclist suffered a traumatic head injury. Police said he was wearing a helmet, but it was not one approved by the US Department of Transportation (DOT).

Motorcycles are vulnerable on the road. They provide virtually no protection because they do not have seatbelts; a rider can easily be thrown off in the event of an accident causing serious injuries or death. The good news is that motorcycle helmets can, and do save lives.

The DOT requires that all helmets sold in the United States meet a minimum level of performance to protect the head and brain in the event of an accident. Some motorcyclists violate these State laws by wearing unsafe helmets that do not meet the standards. These helmets are sold as “novelty” items and circumvent the law. Some motorcyclists mistakenly purchase these helmets thinking they offer proper protection while others know they are unsafe and wear them anyway. To know how to distinguish the difference, click here.

Helmet use is not a “cure-all” for motorcycle safety, but in an accident it can protect your brain and your face, and highly probable, your life.

Mark Bello has thirty-three years experience as a trial lawyer and twelve years as an underwriter and situational analyst in the lawsuit funding industry. He is the owner and founder of Corporation which helps provide cash flow solutions and consulting when necessities of life funding is needed during 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

Texting more dangerous than drunk driving

Jessica Grigsby — Wed, 04 Jan 2012 17:00:13 GMT

If you live or drive in California, you’ve likely seen the billboards or television ads or heard the radio spots with the slogan “it’s not worth it!” That slogan is talking about using your cell phone or handheld device while driving. And they are serious. Distracted driving is a huge traffic safety issue and the use of handheld electronic devices is a major contributor. As a result, states across the nation—including California—have been camping up their efforts over the last several years to combat this issue.

So how big of an issue is it? And how dangerous is it to use your phone while driving? Some of the numbers are pretty shocking:

80% of all vehicle crashes involve some sort of driver inattention and talking on a cell phone or texting is the number one source of driver distractions.
Most crashes happen with less than 3 seconds of reaction time; texting takes your eyes off the road for an average of 5 seconds, during which your vehicle traveling at 55 mph can cover the length of a football field.
Drivers who use hand-held devices are four times as likely to get into crashes serious enough to injure themselves.
Driving while using a cell phone reduces the amount of brain activity associated with driving by 37 percent.
Using a cell phone while driving—even if it is hands-free—delays a driver’s reactions as much as having a blood alcohol concentration at the legal limit of .08 percent. Driving while using your cell phone is as bad as driving drunk.

These numbers highlight the need for drivers to change their behavior when it comes to using their cell phone or handheld device in the car. Some of the recommended behavioral changes include:

Never text and drive
Turn off your phone when you get behind the wheel
Don’t text of call someone when you know they are likely to be driving.
Make a pact with your loved ones—family, spouse, children drivers and caregivers—to never use the phone with kids in the car
Don’t program your GPS, MP3 player or other devices while driving
Pull over and stop if you need to make a call or use your phone

Originally posted at InjuryBoard by Jessica Grigsby

Contentious Lawsuit in Motorcycle Accident Heads to Sacramento Jury

Mark Bello — Tue, 20 Dec 2011 10:41:16 GMT

A Sacramento Superior Court jury is attempting to decide who is responsible for a motorcycle accident that left a passenger with brain injuries - Harley-Davidson and one of its dealers or the driver who crashed the motorcycle.

The driver said he slammed on the brakes when traffic backed up while he was traveling 65 mph. The brakes locked up the rear wheel sending the bike into a slide; his now estranged wife was catapulted 35 feet forward onto the pavement. The woman suffered a serious brain injury; skull, facial, rib, and scapular fractures. She now has a prosthetic skull and permanent brain softening. Pain and assorted disorders will render her unemployable the rest of her life. Her attorney said she will sustain $2.6 million in lifetime economic damages.

At the time of the accident, her husband told police that the antilock braking system (ABS) had somehow malfunctioned. But, there is another key fact in this case – the bike never was equipped with an ABS even though an icon on the motorcycle's tachometer suggested it did.

The plaintiff contends that a salesman at the Harley-Davidson dealership negligently misled the couple to believe that the 2008 Road Glide cruiser had an anti-locking brake system when it did not. The defense contends that if the motorcycle had been equipped with ABS, the icon would have illuminated; the couple should have known that if the icon never lit up, the bike was not equipped with antilock brakes. The defendant also said, “There is nothing odd or unique about having an ABS icon on a non-ABS bike; adding a separate tachometer for the two types of bikes would bring the assembly line to a halt.” Harley-Davidson contends that the plaintiff is totally at fault because the couple should have known the bike’s features after owning it for 15 months.

The jury must decide whether the ABS icon on motorcycles without ABS brakes constitutes a design flaw. If Harley-Davidson is found at fault, the manufacturer would be liable to the plaintiff for 2.6 million dollars in damages and no doubt be forced to issue a massive recall. Such a decision could affect all motorcycle manufacturers.

There is very little that a motorcyclist can do when the wheels lock. According to the Insurance Institute for Highway Safety, there are proven benefits of an anti-lock braking system on motorcycles (increases driver control, decreases stopping distance, prevents the wheels from locking up in case of a hard brake), however, motorcycle manufacturers have not exactly raced to mandate these technologies and the ABS is still an optional feature on motorcycles.

Could antilock braking systems on motorcycles help save lives? The Insurance Institute thinks so. It is disappointing that motorcycle manufacturers have not prioritized safety and believe that there is little demand for these safety devices. While the debate continues and more research is conducted, Lawsuit Financial encourages cyclists to drive the speed limit, obey the rules of the road, and consider investing in an antilock brake system. It’s a small price to pay for your life.

Originally posted at InjuryBoard by Mark Bello

Bike Crash Case - "IOUs" on Settlement or Verdict

Doug Landau — Tue, 06 Dec 2011 06:33:00 GMT

No one advertises the fact that there can be substantial "IOUs" on the money an innocent car, motorcycle or bike crash victim may recover at trial or in compromise settlement. After a bike crash, the main focus of the biker's attention should be getting well. However, medical bills and other expenses add up in serious in jury cases. Many Landau Law Shop clients have health, workers compensation and other insurance coverage for these bills. Under many states' laws, government and some private insurance plans have the right to be paid back at the end of the case. These "subrogation interests" or "liens" are like "IOUs" on the innocent victim's case. The good news is that these insurance plans often negotiate a discount on the hospital, doctor, therapy or surgical bills. The not so good news is that they want to be paid out of the injured bicyclist's gross settlement or verdict. Failure to repay this debt can lead to cessation of any further comp benefits, a lawsuit for fraud and/or loss of future insurance coverage and benefits.

At ABRAMS LANDAU, we recently settled the case of a biker who was struck during an Alexandria Virginia training ride. The rider was required to keep fit for his federal government job. The bicycle rider sustained severe orthopedic injuries. The Department of Labor paid for his medical bills and lost wages as the result of the broken bones. When it came time to settle the case with the unsafe driver who had been convicted in Traffic Court, the labor Department wanted their "IOU" paid. We used the Federal work sheet to calculate the payment to the government and our client was not out of pocket any money for medical care, prescription medication or his several surgeries. He is also able to seek future workers compensation benefits for his permanent injuries. "Bicycling Barrister" Doug Landau is pleased to report the biker is back to work and getting back into shape ! If you or someone you know or care for has been injured as the result of a car, truck, bicycle. moped or motorcycle crash and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

Originally posted at InjuryBoard by Doug Landau

Motorcycle Striking Tree Near Lancaster Leads To Fatality

Scott Cooper — Mon, 05 Dec 2011 07:34:44 GMT

Motorcyle accidents frequently result in serious injuries. Always make sure to wear a helmet, even if it is not required.

Police in Lancaster County are investigating a motorcyle accident on December 4, 2011 where one person was killed and another seriously injured. The crash occurred when the motorcycle on which they were riding struck a tree. Reports say that Ronald Ferrara, 46, of Christiana, was driving the 1998 Harley-Davidson Road King west in the 1000 block of Gault Road when he lost control on a curve causing the cycle off the road.

Eventually it traveled up an embankment and struck a tree. Ferrara was pronounced dead at the scene. His passenger on the bike, 27-year-old Megan Leinhouser of East Earl, sustained multiple broken bones.

If you have any information on the accident please call the East Earl Township Police.

For more on the accident and investigation see the Lancaster Journal online at:

http://lancasteronline.com/article/local/544505_UPDATE–One-dead-in-East-Earl-accident.html#ixzz1ff62Gxld

Scott B. Cooper

Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
scooper@schmidtkramer.com
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer

Originally posted at InjuryBoard by Scott Cooper

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.

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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

Motorcyclist Killed in Highway 101 Crash

Claude Wyle — Mon, 14 Nov 2011 14:01:32 GMT

I am sad to report that this past Tuesday, November 8, 2011, motorcyclist 48-year-old John Jolivette was killed while riding his bike.

A San Francisco resident, Jolivette was killed when his motorcycle rear-ended a vehicle as he rode north on Highway 101 just north of the Vermont Street near Potrero Hill off-ramp during daylight hours in the mid-afternoon.

My condolences go out to John’s family. I am an avid motorcyclist myself and no stranger to the dangers of the road.

As a San Francisco motorcycle attorney, I see many cases where the motorcycle rider is automatically blamed, even when the facts indicate the contrary. Usually when you have a rear-end collision it is the party who strikes from the rear who is at fault. However, motorcyclists generally are able to stop more quickly than car drivers.

Why should a motorcycle rider hit a car from the rear? John’s family should consult with a motorcycle attorney to help investigate this horrible motorcycle crash. Careful investigation may uncover that the car that John hit had just made a lane change and cut John off. I have handled several cases similar to this and have learned that many details are not brought forth in the police report. Once again, my sincere condolences to John’s family.

About the author: Claude Wyle is an aggressive advocate for San Francisco motorclists. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a San Francisco motorcycle accident attorney, has fought to protect the rights of injured motorcyclists throughout his legal career.

Originally posted at InjuryBoard by Claude Wyle