Injuryboard Commentary - Motorcycle Accidents

Motorcycle, car and truck "near misses" at the W&OD Bike Trail

Doug Landau — Sat, 05 Dec 2009 20:20:00 GMT

Two trucks and a motorcycle narrowly missed hitting cyclists near the Herndon Post Office and lumber yard because the drivers were distracted by the construction vehicles and signs. While the speed limit is only 25 mph in the vicinity of the 7-11 and the W&OD Trail, cars and trucks coming from Eldon Street are confronted with signs on both sides of the street, a new light configuration and heavy construction equipment at the lumber yard building project. Small bikes and riders coming from Reston are not easily seen as they head West. And, with the noise, dust and confusion, motorists are surprised when a cyclist comes across their path. If you are riding or training on your bike in the area of the W&OD Trail, be careful. Distracted cars, trucks and motorcyclists are confronted by new traffic patterns, vehicles turning into the Post Office and out of the 7-11 gas station and bank. It is a busy and dangerous area next to the trail used by bikers, joggers, walkers, roller bladers and skate boarders. If you or someone you know has been injured in an accident on or near the W&OD Trail, e-mail or call ABRAMS LANDAU (703-796-9555) today.

Originally posted at InjuryBoard by Doug Landau

Long Island Father of Two Dies in Hit and Run Motorcycle Crash

Paul Napoli — Tue, 01 Dec 2009 20:35:54 GMT

December 1, 2009

Nassau police continue to search for a hit and run driver that killed a motorcyclist in Franklin Square on Sunday morning.

John Deike, 46, was driving his Honda motorcycle northbound on Commonwealth Street at about 11:45 a.m. when a car traveling eastbound on Naple Avenue broadsided him at the intersection. The driver of the car fled the scene.

The 46-year-old father of two small children was only six houses away from his Franklin Square home where his family eagerly awaited his arrival to go see the Radio City Christmas Show in Manhattan. No one witnessed the accident, but a neighbor heard the collision down the street and notified Deiker’s wife, Christine.

Police arrived at the scene to find Deiker lying in the middle of the street, his motorcycle down and debris scattered in the roadway. Deiker had not been wearing a helmet at the time of the crash. Emergency personnel transported him to Franklin General Hospital, where he died from his injuries about an hour after the accident.

Police have determined, from the debris at the scene, that the hit and run driver’s vehicle is a 1991-1996 Buick Century.

Deiker’s parents said his wife Christine, 4-year-old son and 5-year-old daughter were inconsolable.

"At this point we are endeavoring to locate the individual who possibly struck Mr. Dieker. We're attempting to identity the vehicle," said Det. Sgt. John DiMartinis of the Nassau Homicide Squad.

Franklin Funeral Home, Inc. of Franklin Square, NY is entrusted with the funeral arrangements for John Deiker. Visitation Tuesday 2-4 p.m. and 7-9 p.m. Funeral Mass Wednesday 10:30 a.m. at St. Catherine of Sienna R.C. Church. Interment St. Charles Cemetery. In lieu of flowers, donations may be sent to the Deiker family for their children's college fund.

Police are asking anyone with information regarding the crash to please contact the Nassau County Police Homicide Squad, or anonymously call Crime Stoppers at 1-800-244-TIPS.

If you or a loved one are injured or a loved one killed in a motorcycle accident, you need to contact a personal injury attorney who is experienced in motorcycle accidents as soon as possible. Visit www.NBRLawFirm.com or call 1-888-529-4669 to discuss your case and find out the best course of action to ensure that you get the medical care you need and compensation you deserve for your injuries or a loved one’s death.

Originally posted at InjuryBoard by Paul Napoli

Auto Accident or Motorcyle Accident Lawsuit Funding: Even the Litigation Odds

Mark Bello — Tue, 01 Dec 2009 16:07:27 GMT

Motorcycle accidents are often among the most serious of all motor vehicle accidents; they are sometimes fatal. According to the National Center for Statistics & Analysis, roughly 5% of all motorcycle accidents result in death. And, contrary to public opinion, many motorcycle accidents are caused by the the negligent driving of the vehicle encountering the motorcycle, not by the motorcyclist's own negligence. Whatever the cause, motorcycle accidents can result in serious injuries; lawsuits related to them are contentious and often take years to resolve by settlement or verdict.

In addition to motorcycle accidents, there are also thousands of automobile accidents, all over the country, each and every day. Each year, Motor vehicle accidents are the number one cause of accidental injuries in our country. As our population grows, more communities are built, more roads are constructed, more people drive more cars. As a result, the number of motor vehicle accidents continues to rise.

If you have been involved in an automobile or motorcycle accident that was not your fault and you were seriously injured in the accident, you can pursue litigation and request compensation for your injuries. If your injuries are disabling, you are, no doubt, experiencing financial distress. If you have hired an attorney and are pursuing a lawsuit, you may also choose to pursue a service known as lawsuit funding or litigation funding. This valuable service provides you a portion of your case recovery even before your lawyer achieves that recovery for you. You read that correctly; you can receive a portion of your case proceeds before you settle or win your case. Lawsuit Financial, for instance, specializes in providing auto accident lawsuit funding. With the cooperation of your attorney, we will evaluate your likely case outcome, and advance money to you while you wait for victory or settlement. Every case is different, every situation is different. But the key question is: How does someone who has been severely injured and cannot work support him/herself and/or a family? How does the victim pay his/her bills, medical bills, mortgage/rent payments, car payments, food, and everything else a family needs? Lawsuit Financial remains committed to assisting you in your time of need. We are a pro-justice legal funding company committed to assuring your full access to justice in our legal system.

The insurance companies have all the money (and all of the power) in the world. What do you have? A dedicated attorney, willing to risk his own money and time on the outcome of your case. He is willing to handle your case without being paid, until you achieve a successful outcome. In other words, he works for free unless you win or settle your case. He can't, however, ethically (in most states), advance you money while you await settlement or verdict. That is a problem, because the longer the case drags on, the more desperate for money you, the injury victim becomes. And your desperation plays right into the delay and deny tactics of the insurance companies. They are hoping that you will become so desperate that any figure will settle your case so that you can provide support to your family.

At Lawsuit Financial we think that's just, plain wrong. Thus, we are willing to do, with our money, what your attorney does with his time. We are willing to provide you with the money you need now, when you need it most, and wait for your case to settle or win before seeking repayment. And, like your attorney, if you lose the case, you don't owe us a dime; you don't have to pay us back unless you win.

Our lawsuit funding case review process is plain and simple; with your attorney's full cooperation, we can often have the money you need in your hands within 24 hours of your initial contact. Our funding is based on the size and quality of your case; you won't always qualify for exactly what you want, but we pledge to do everything in our power to provide you what you need, when you need it, so that you won' have to resolve your case too early, for too little. Your credit history, employment history, previous or present income does not matter; we evaluate your case, and only your case.

Because these non-recourse advances are free if you lose your case, they tend to be expensive if you settle or win. Therefore, we advise that you seek an amount that you absolutely need for immediate support. It is also advised (and less expensive) to receive smaller funding amounts over the life of your case, rather than a large, advanced lump sum.

Motor vehicle accidents are physically and financially devastating. Lawsuit Financial has almost 33 years of legal and legal funding experience in assisting accident victims just like you, all over the United States.

Originally posted at InjuryBoard by Mark Bello

Motorcyclist Raymond Leo Horn Dies in Collision with Auto Driver

K.C. Bouchillon — Mon, 30 Nov 2009 20:27:16 GMT

Raymond Leo Horn III, riding his motorcycle, died when Jaimee Lynn Piechota pulled in front of Horn Saturday night.

The collision occurred on U.S. 98 North at about 9 p.m. He was wearing his helmet.

Our condolences go to Mr. Horn's family. He was just 21 years old.

All too often, it is easy to blame a motorcycle driver for being involved in a motor vehicle accident, but the fact is, Mr. Horn was doing everything right. He had the right of way, he was wearing his helmet, and there is no indication that he was speeding. So what's the difference between an automobile and a motorcycle at night? One headlight.

There's simply no excuse for not seeing a motorcycle -- by day or night -- and at Lilly, O'Toole & Brown, we don't accept excuses or stereotypes. If you or someone you know has been injured in a motorcycle collision, give me a call.

Originally posted at InjuryBoard by K.C. Bouchillon

New book for bike crash victims, "Ten Mistakes That Can Derail Your Bicycle Injury Case."

Doug Landau — Fri, 27 Nov 2009 23:05:00 GMT

ABRAMS LANDAU received its first shipment of Doug Landau's new book, "Ten Mistakes That Can Derail Your Bicycle Injury Case." Drawing upon over 25 years' experience helping injured cyclists, disabled riders and their families, Herndon and Reston bike crash lawyer Landau compiled a book that cyclists have been requesting online since this summer's court cases in Loudoun County.

In addition to common sense tips and actual cases, Landau provides extensive forms, explanations and details that many so-called personal injury lawyers neglect to share with their clients. The easy to read book talks about defective bicycle products, car crashes, cyclists attacked by dogs and head injuries. There are pictures of cracked helmets from Landau's head and brain injury cases, as well as discussion of the investigation of these sports injury cases. The Landau Law Shop is regularly contacted by injured bikers, and this new book is also intended to be a helpful resource for those cases and injured cyclists that we cannot help. If you or someone you know would like to get a copy, please e-mail ABRAMS LANDAU, Ltd. or call (703)796-9555.

Originally posted at InjuryBoard by Doug Landau

Motorcycles Also Have the Right to Assume Car Drivers will obey the Rules

Steve Lombardi — Wed, 25 Nov 2009 12:01:00 GMT

On October 18^th 2009 at around 11:50 p.m. Ryan Thomas Brooks was eastbound on Southwest Army Post Road when his motorcycle collided with the Dodge Charger driven by Ramonte Davis. Mr. Davis is said to have pulled onto Southwest Army Post Road to back into a parking spot when Mr. Brooks crashed into the front fender of the Dodge. Mr. Brooks was pronounced dead at the scene and police believe that speed was a factor in the accident and have said that Mr. Brooks was wearing a helmet.

Not seeing motorcycles is an often given excuse for having caused a crash with one. A proper lookout is a lookout that looks not just for the obvious, but also the less than obvious drivers, like motorcycles. As a driver you aren’t responsible for just what you saw, but for what was obviously there or that you can anticipate can be there and is lawfully using the city streets and roadways. In this instance the driver of the car is most likely the at-fault driver and can be held liable to the estate and dependents. Before backing up look, look hard and look for motorcycles. They too have the right to use the roads and to assume other drivers will obey the laws in Iowa.

Originally posted at InjuryBoard by Steve Lombardi

Sharing the Road in North Carolina- Scary Statistics About Motorcycle Accidents

Rick Shapiro — Tue, 17 Nov 2009 15:35:21 GMT

To some, there is no greater rush then taking a motorcycle out on an open North Carolina (NC) highway on a clear, sunny day. Riding a motorcycle along Highway 441 through the Great Smokey Mountains National Park when the roads are open and the weather is nice can be a thrilling past time, but it can also be a deadly one.

A report compiled by the National Highway Traffic Safety Administration (NHTSA) states that 5,290 deaths occurred from motorcycle accidents in 2008, 159 of those deaths occurred in North Carolina (NC). Despite increased driver awareness and several campaigns designed to educate drivers on the importance of sharing the road with motorcycles these alarming statistics have been on the rise in recent years. According to the US Department of Transportation’s Fatality Analysis Reporting, motorcycle accident fatalities have increased 150% in the past decade.

There are a few things riders can do to decrease their likelihood of being fatally injured in a motorcycle crash. Most importantly, all riders should always wear their helmets, even on short trips. Wearing a helmet can reduce the risk of death by 29% and are 67% effective in preventing serious brain injuries. Riders may want to consider wearing motorcycle jackets and gloves. This gear is specially equipped with padding that helps prevent abrasions to the skin if the rider was to crash.

Both seasoned and beginner motorcycle riders may also consider taking a course in motorcycle safety. Bike Safe North Carolina is a program offered by the North Carolina Highway Patrol. The program, held at the Highway Patrol Driving Facility in Raleigh, offers Rider Skill Days – a combination of classes and on-the-road training held by police motorcyclists that teaches riders safety techniques as well as basic motorcycle training. Rider Skill Days are conducted on weekdays and weekends for convenience.

Roadways littered with tactor-trailers and cars can be dangerous for motorcycles. By equipping riders with the best driving techniques and advanced safety devices such as helmets and body armor, motorcycle drivers are less likely to be in these staggering statistics.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by Rick Shapiro

Construction on the W&OD Trail poses dangers for bikers, runners and cars

Doug Landau — Mon, 16 Nov 2009 00:36:00 GMT

If you are riding or training on your bike in the area of the W&OD Trail, be careful. Distracted cars, trucks and motorcyclists are confronted by new traffic patterns, vehicles turning into the Post Office and out of the 7-11 gas station and bank. It is a busy and dangerous area next to the trail used by bikers, joggers, walkers, roller bladers and skate boarders. If you or someone you know has been injured in an accident on or near the W&OD Trail, e-mail or call ABRAMS LANDAU (703-796-9555) today.

Originally posted at InjuryBoard by Doug Landau

One Roadway to Carry Them All

Pierce Egerton — Fri, 13 Nov 2009 09:02:56 GMT

Bicyclists are perhaps the most vulnerable vehicles on the road. The accident rate for bicycles is lower than for other vehicles because they move slower. But, when there is an accident involving a bicyclist, he or she is at a greater risk for injury and death. As drivers, it is important to watch out for two-wheeled vehicles – they are harder to see, and their occupants are not encased in a protective layer of glass and steel.

Being myself a bicyclist, however, I hear the question often, “What about the bicyclists we see riding erratically, unsafely, and/or illegally?”

Sadly, the question has some merit and deserves a look. In Greensboro recently, a bicyclist was severely injured when she failed to yield at a stop sign and t-boned an SUV:

http://www.news-record.com/content/2009/11/09/article/bicyclist_seriously_injured_after_hitting_car

Stop signs and traffic signals apply to bicyclists too! Many bicyclists think that they can treat Stop signs as Yield, and red lights as Stop signs. This idea may be reasonable in some situations, but any vehicle, bicycle included, ignores stop signs and traffic signals at its peril.

Another thing we see often in Greensboro is bicycles on sidewalks where they shouldn’t necessarily be. To an inexperienced cyclist, the sidewalk can seem like a safer place to ride than the roadway. This is usually not the case!! Although speeds are lower on the sidewalk, there are many additional hazards riding there, and not just for the bike. Riding on the sidewalk, first and foremost, endangers the pedestrians who have a right to be there. Also, bicyclists using the sidewalk are often not aware when a crosswalk approaches, that a car or truck making a turn might contest the roadway, with disastrous results for the bicyclist.

The roadway is usually the safest place to ride. Yes, it can be scary for riders who are not familiar with the exercise – the cars are so much closer! Drivers, however, are more likely to see a bicycle on the roadway than one on the sidewalk or the shoulder. Don’t think that bicycles are required to ride near the side of the road – in most places, the law requires bicycles to ride as far to the right as is practicable, not as far right as possible. Plus, being seen on the roadway as a bicyclist, and obeying the laws of the road, drivers will be able to predict what the bicycle will do, and thereby avoid running it over.

The NC Department of Transportation site provides resources on safe riding: Streetwise Cycling — A Guide to Safe Bicycling in North Carolina

For more I’ve written recently on this topic, have a look at:

Be on the Look Out for 2-Wheeled Vehicles!

Update: Arrest Made for Greensboro Cyclist's Hit-and-Run Death

Originally posted at InjuryBoard by Pierce Egerton

Local Motorcyclist Exemplifies Fact that Helmets Save Lives

David Mittleman — Tue, 10 Nov 2009 12:34:49 GMT

I recently wrote about motorcycle accidents and the serious injuries they can cause. A logical and simple answer to increase motorcycle safety (pdf) is to wear a helmet while riding. A local man is a testament to this fact: Jimmy Hunter, a 56-year-old musician from Muskegon and a Harley-Davidson motorcycle rider, suffered a brain injury after he was in a car accident two years ago. However, his injuries would’ve been much worse if hadn’t worn a helmet.

Along with purchasing a Harley-Davidson Sportster, Hunter also purchased one of the best helmets available. In fact, it was a full-face helmet. Hunter admits he might have looked “silly” going down the road, but he readily adds that if he had worn a smaller helmet, he wouldn’t have survived. In fact, Hunter was injured after a vehicle pulled out in front of him, even though he was following the speed limit. Although the accident left him in critical condition for weeks, and he still has difficulty moving freely on his own, he continues outpatient therapy and hopes to ride his Harley again soon.

In Michigan, motorcycle deaths have increased slightly, from 124 in 2007 to 127 in 2008. While deaths are up statewide, fatalities decreased in Ingham, Clinton, and Eaton counties between 2007 and 2008. Hopefully, the decline in deaths can be partially attributed to other riders who put safety first and wear helmets while riding their motorcycles. At least in Hunter’s case, his helmet saved his life.

Originally posted at InjuryBoard by David Mittleman