Injuryboard Commentary - motorcycle accident

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

Pedestrian killed by Metrobus in DC, Not an isolated incident

Steve Lombardi — Thu, 12 Nov 2009 13:40:00 GMT

According to the Washington Examiner, Stephanie Richardson, age 47, was killed by a Washington, D.C Metrobus. She was riding the Metrobus on October 5, 2009, when she got off at her stop, began to cross the street in front of the bus, and was hit by another Metrobus driving in the same direction; a bus which came up along the side. The D.C police said she was at the Mount Olivet Road stop between Trinidad and Montello avenues. Richardson was brought to the Washington Hospital Center, and died the next day.

The case is under investigation, and the bus driver’s blood was tested, and they were placed on paid leave. This is not the first case of a pedestrian hit by the city’s transit vehicle, though this is the first fatality since September 2008. The Metro’s cause for safety has now been revamped after this incident. They had previously in 2007 put in place “warning strobe lights on 100 buses in the District.” They need to determine more precautionary methods because this issue is a serious one:

“The District has a higher rate of pedestrian fatalities than cities such as New York, Chicago and Los Angeles, according to a D.C. Department of Transportation report. More than 600 pedestrians are typically hit by vehicles of all types in the city annually, with more than a dozen killed nearly every year.”

Pedestrians too have an obligation to use heightened safety measures. When walking the city streets have your head on a swivel; meaning, look all around you as you step into the street. Stop before you step off the sidewalk into the street. Look both ways several times. We are all in a hurry, or so it seems. Many people seem distracted with this economy and the mess Wall Street and Washington have created for those who don’t get multi-million dollar bonuses and “campaign contributions”. Most of the people who work for enough just to pay the rent and to put food on the table are most likely depressed. But raise your head up and look carefully before you step into the street, because the bus drivers are more like you and I then the Wall Street crowd; and they too are just as distracted.

And remember the words of Michael Conrad just before he sent his troops out on the streets

http://www.youtube.com/watch?v=T2QApwtE8zQ

Originally posted at InjuryBoard by Steve Lombardi

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

Fatal Motorcycle Accident In Conyers, Georgia

M. Brandon Smith — Thu, 05 Nov 2009 00:06:08 GMT

Last week on Tuesday, a tragic motorcycle and car accident occurred, leaving one driver dead. Stephen Andrew Wust, a 26 year old from Covington, Georgia was pronounced dead at the scene early Tuesday morning.

A 1999 Toyota Camry attempted to make a left turn off of Sigman Road as the driver was traveling north going onto Interstate 20. It was a little after 5 a.m. when Stephen Wust was traveling south at the same time the Camry was about to turn left.

When the Camry turned towards the on-ramp to the Interstate, it turned right in front of Wust, who was on his motorcycle. This caused Wust to lay the motorcycle down. He was thrown toward the entrance of the interstate as his motorcycle slid away. Wust was then tragically struck and run over by the driver of the Camry.

The driver of the Camry did not have any injuries as a result of this deadly accident but will likely face criminal charges as a result of this fatal motorcycle accident in he days ahead. The investigation into this tragic event continues and will be followed here.

Update:

In other news, the woman driver involved in last week’s traffic crash that killed a Covington motorcyclist was charged with homicide by vehicle by the Sheriff’s Office.

Judith C. Lorier, 66, of 2154 Rolling Acres Drive, was also charged with failure to yield right of way in making a left turn. She was booked into the Rockdale County Jail on Wednesday and released on $1,100 bond, according to RCSO spokeswoman Jodi Shupe.

Roadway safety is everyone's responsibility. Please be care and always look twice before making sudden turns or actions. The life you save could be your own.

Originally posted at InjuryBoard by M. Brandon Smith

Motorcycle Accidents Can Cause Serious Injuries

David Mittleman — Tue, 03 Nov 2009 16:54:31 GMT

Motorcycle accidents can be fatal. But just as likely, motorcycle accidents lead to serious, permanent, and debilitating injuries. The leading type of injury sustained in a motorcycle accident is a head injury.

Some important information that could help limit your exposure to serious injury while riding a motorcycle includes: wearing a helmet, reducing your speed around curves, avoiding alcohol consumption before riding the motorcycle, riding during the daytime, and avoiding speeding.

Statistics fluctuate with motorcycle accidents over periods of years. Ultimately, what doesn't change is the fact that an injury sustained while riding a motorcycle can be devastating. In 1998 alone, a study conducted by the National Highway Traffic Safety Administration concluded that 500 lives were saved by the use of a helmet, and another 307 could have been saved by riders killed in motorcylce accidents had they worn a helmet.

If you or a loved one has been injured in a motorcycle accident, feel free to contact our office, ChurchWyble, P.C. at (888) 227-4770 to discuss your situation.

Originally posted at InjuryBoard by David Mittleman

Why might a pedestrian not realize a garbage truck is backing?

Steve Lombardi — Sat, 31 Oct 2009 14:08:00 GMT

When we receive real life examples of how personal injury accidents occur sometimes we post them as a Q&A. In this instance see how easily you can become victimized by injuries in which you had no part in creating.

QUESTION: Hi, I just read your article about injuries with the trucks backing up without the back up alarms. My car today was hit by a garbage truck (Ankeny Sanitation) when my boyfriend was getting out of the car- the truck came from behind our car and was backing up without a back up alarm. It hit the door and bent it forward- luckily my boyfriend did not already fully step out because when he turned his head the truck was inches from his face- if he had it probably would have taken his head off!

I left a message with their company today to see if they will do anything about my car- the driver of the truck said he had brought up the issue that his back up alarm didn't work just this morning in a company meeting, but they obviously still sent him out without it working.

I'm wondering if there are laws that say they have to have their back up alarm working now? This is so horrible what I read happen to others and it really is a dangerous problem!

Thanks so much, Sarah

ANSWER: Hi Sarah, thank you for the excellent question. I'm happy to answer it. Yes there are laws that require companies with trucks manufactured with back-up alarm systems to maintain them. The truck isn't supposed to be put back into service until the rear-warning device is repaired and fully operational. You're right on the money. They will certainly have to pay for your car. And your boyfriend should thank his lucky stars he wasn't killed. Tell him it will make him a wiser juror and more understanding father.

Steve Lombardi

Here's an example of a garbage truck accident with a pedestrian. In this instance the pedestrian is a fellow worker of the truck's crew.

http://www.youtube.com/watch?v=eAbM6OR-V40

To read more about these types of accidents visit our blog The Verdict.

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Originally posted at InjuryBoard by Steve Lombardi

Chicago Woman Pedestrian Struck by Distracted Driver

Steve Lombardi — Fri, 30 Oct 2009 23:25:00 GMT

I love downtown Chicago. Over the past two years I've spent several weeks at the Guest Quarters and walked every morning to De Paul's conference center for classes. But really I've been following Chicago pedestrian-car collisions and it's a nightmare. Being a pedestrian in Chicago is a dangerous way to travel if your head isn't on a swivel.

Here is the report from the 24-7 Press Release article released October 7, 2009, the settlement for a personal injury case of $2 million. Marla Gray-Moores, who worked at Startbucks in the Loop of Chicago, was walking in the cross-walk at the time of the pedestrian crossing light when struck by the car driven by Kevin Hwang. Hwang was on westbound Randolph turning left onto southbound Clark while talking on his cell phone, and hit Gray-Moores. He said he did not see her until she had already hit the front of his car. Hwang’s ex-girlfriend was in the car and warned him of the woman but testified that he did not listen to her warning.

Gray-Moores was brought to Northwestern Memorial Hospital, and then had “a fusion at L5-S1 performed by Dr. Christopher Bergin at Oak Park Hospital.” She has since moved to Wisconsin.

It is reported that in court Gray-Moores was “granted leave to seek punitive damages at the time of trial and Mr. Hwang provided pertinent personal financial information for use at trial. Settlement discussions accelerated at that point and Mr. Hwang's $2,000,000 umbrella policy was tendered.”

Originally posted at InjuryBoard by Steve Lombardi

D.C. Woman Pedestrian killed by Metrobus

Steve Lombardi — Fri, 30 Oct 2009 09:32:00 GMT

According to the Washington Examiner, Stephanie Richardson, age 47, was killed by a Washington, D.C Metrobus. She was riding the Metrobus on October 5, 2009, when she got off at her stop, began to cross the street in front of the bus, and was struck by a second Metrobus. This second bus was driving in the same direction and came up along the side of the first bus. The D.C police said she was at the Mount Olivet Road stop, between Trinidad and Montello avenues. Richardson was brought to the Washington Hospital Center, and died the next day.

Pedestrian Safety: Stop, look and listen before you walk across traffic.

The case is under investigation, and the bus driver’s blood was tested, and they were placed on a paid leave. This is not the first case of a pedestrian hit by the city’s transit vehicle, though this is the first fatality since September 2008. The Metro’s cause for safety has now been revamped after this incident. They had previously in 2007 put in place “warning strobe lights on 100 buses in the District.”

They need to determine more precautionary methods because this issue is a serious one:

“The District has a higher rate of pedestrian fatalities than cities such as New York, Chicago and Los Angeles, according to a D.C. Department of Transportation report. More than 600 pedestrians are typically hit by vehicles of all types in the city annually, with more than a dozen killed nearly every year.”

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Originally posted at InjuryBoard by Steve Lombardi

Child Struck By Motorcycle While Waiting For the School Bus

Rick Shapiro — Mon, 26 Oct 2009 11:56:36 GMT

A middle school student was walking to their bus stop in Charlotte, North Carolina (NC) when they were struck by a motorcycle.

According to the Charlotte-Mecklenburg Police Department the motorcycle was traveling on the 11200 block of Amber Glen Drive when they hit the child. Both the motorcyclist and the child were taken to the Carolinas Medical Center. The motorist was checked for a mild concussion and the child sustained broken bones.

This comes after a rash of accidents involving school children this year in North Carolina (NC). In one instance a child was killed while exiting her bus in Raleigh. Police departments statewide have been cracking down on motorists through Operation Stop Arm. Officers have been following buses on their routes and issuing citations to drivers who fail to follow school bus safety laws. North Carolina has even increased the penalty for violating these laws and drivers could now face jail time.

However, as the accident on Amber Glen Drive proves, children are not only in danger while getting on and off the school bus but walking to and from bus stops as well. Children often walk more then a block to reach their school bus and they may wait at the bus stop for a long time before being picked up. This gives a large window for children to be involved in pedestrian accidents, especially in morning rush hour traffic when drivers are hurrying from their homes to work. Drivers should always remain cautious in residential areas where children are often found on the roadways.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling motorcycle accident cases. Check out this case result involving a motorcycle and a pick-up truck. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Originally posted at InjuryBoard by Rick Shapiro

TBI Can Cause Personality Changes, Criminal Behavior

Steve Lombardi — Mon, 19 Oct 2009 10:09:00 GMT

On September 23, 2009, Bruce Mundy, riding a motorcycle was allegedly struck by Santos Vidal Rodriguez, age 26 who is reported to have been driving an SUV, according to the Des Moines Register. Santos Rodriguez and his brother Orlando David Rodriguez, age 23 left the Casey’s on Park Ave. allegedly without paying for $27 worth of gas. Both brothers are charged with second-degree robbery as well as vehicular homicide. Their Class C felony could result in up to 10 years in prison. If drugs or alcohol are found in the drug tests, which are still being run they could have up to 25 years in prison. It is being speculated whether Santos Rodriguez will be charged with an alleged role in the 1999 shootout in Des Moines (mentioned in the previous blog). Stay tuned for updates.

If this is true how does anyone make sense out of $27 worth of gas being worth the risk and all the damage it can cause? All I can say to those stealing gas, get a job. And don't tell me you can't find one. Make one by creating a business, mowing lawns, plowing snow, cleaning houses or offices; just work. The driver of the motorcycle has a HUGE civil lawsuit against the driver and probably the passenger who is alleged to be an accomplice in a criminal act that led to an accident and death of another person. I wonder if the driver was married and had dependent children.

Now all of that said there is a component to this case that will surely be explored in the criminal case: The driver's previous traumatic brain injury and whether it's caused a change in personality involving a lack of inhibition. That lack of inhibition is what can cause seemingly law abiding people to behave in ways contrary to the criminal laws. After a brain injury a person can have two types of changes: personality changes and a lower cognitive functioning. If someone you know suffers a head injury and then exhibits irrational behavior they may need evaluation and treatment.

Did this driver suffer a brain injury and a change in behavior? That's the question the defense team will have to explore.

How many people have TBI?

TBIs contribute to a substantial number of deaths and cases of permanent disability annually.

Of the 1.4 million who sustain a TBI each year in the United States:

50,000 die;
235,000 are hospitalized; and
1.1 million are treated and released from an emergency department.¹

Among children ages 0 to 14 years, TBI results in an estimated:

2,685 deaths;
37,000 hospitalizations; and
435,000 emergency department visits annually.¹

The number of people with TBI who are not seen in an emergency department or who receive no care is unknown.

For more information about TBI in the United States, including the groups at highest risk, CDC’s surveillance activities, and the numbers of TBI cases in each state, see Overview.

Originally posted at InjuryBoard by Steve Lombardi