Motorcycle Accident

What Should You Do After A Motorcycle Accident?

There is nothing more exciting than hitting the road on your motorcycle for a nice long road trip. In fact, it’s even more therapeutic on a beautiful spring day. Unfortunately, one of the most devastating things that can happen to you on the road is an accident. In most cases, bodily injuries sustained from a motorcycle accident can be severe, and in worse instances, they can change your life forever – physically and financially. In any case, your immediate actions after the accident can greatly influence how such an event will affect your life. Although it’s quite a challenge to remain calm in order to take the right course of action, what you do can significantly impact subsequent legal disputes and insurance coverage. Here are the six things you need to know if you have been involved in a motorcycle accident:

1. Check Yourself and Others for Injuries

Immediately after the accident, if you can safely stand on your feet, the first thing you should do is check yourself for injuries. Your primary concern should always be your safety – everything you do after that depends on the nature of your injuries. If you are able, help other victims to safety by getting them out of traffic or away from a vehicle that is leaking gas. Also, alert other motorists using hazard lights, warning triangles, or flares to prevent more harm or damage. As you assess the situation, try to remain cool, calm and collected. Taking a deep breath may prevent you from going into shock.

2. Call 911 and the Police

Now that you’re out of immediate danger, call 9-1-1 to get an emergency response team and the police. It is a requirement by the law that all people involved in such an accident remain at the scene until help comes so it is important that you adhere to this law.

3. Gather The Facts

It is likely that you have the latest technology at hand, maybe a Smartphone or a camera. Use it to take pictures of the scene from as many angles as you can. Include photos of skid marks, visual obstructions, and any other road abnormalities. Also, make sure you get insurance information from other involved drivers, as well as their correct contact information, addresses, names, driver’s license number, and license plate numbers. This information will be crucial during a lawsuit or with the insurance claim. Remember, it’s important to maintain a calm demeanor while exchanging information. Being in an accident is horrific enough for all involved– it’s best to maintain composure and let law enforcement handle the ugly parts. In fact, what you say or do might be used against you soon or later. In addition, be sure to record a statement and share the necessary details with law enforcement officials.

4. Get Checked Out By a Medical Professional

Although you might escape unscathed with no noticeable sign of injury, it’s imperative to seek medical attention. Injuries and pain usually appear hours or even days after an accident. A doctor can determine if you have any internal injuries or other issues from the accident.  It’s important to be seen by a medical professional as soon as possible to ensure that you don’t have any injuries that are not visibly evident. Doing so could prevent injuries that are past treatment in the future.

5. Contact Your Insurance

Make sure that you give your insurance provider all the information you collected earlier in order to make the legal process as smooth as possible. Do not contact your insurance agent before you get a medical checkup and make an official statement, as this will ensure that you don’t underestimate the damages. You may even consider speaking to a lawyer before you call your insurance company.

6. Speak to an Attorney

A lawyer who is well-acquainted with motorcycle accidents will help you if:

• You incurred severe physical injuries.
• Your damages exceed the limits of your policy.
• You’re innocent, and the other parties claim the accident was your fault.

When someone is involved in a car collision, there is a possibility that they will sustain some sort of injury. When there is a serious motorcycle crash, injuries are almost a certainty. Motorcyclists are not afforded the same protections as drivers of passenger vehicles. There are no metal frames or seat belts to protect them or keep them from being ejected from the motorcycle. Unfortunately, Florida is one of the most dangerous states when it comes to motorcycle crashes.

Under Florida Statute 316.211, if a motorcyclist is over the age of 21 and has insurance that covers a minimum of $10,000 in medical benefits to cover injuries from a potential motorcycle crash, the individual may ride on or operate a motorcycle without a helmet. Riding without a helmet increases the potential for serious injury, or even death, in the event of a motorcycle collision. In fact, some believe this is a factor in the seriousness of injuries and the number of fatalities related to motorcycles in Florida.

Here are some statistics from the last decade regarding motorcycle collisions:

• In 2012, there was a total of 9,384 motorcycle crashes in the state of Florida[1]. Of these crashes, there were 8,648 individuals injured and 457 motorcyclists or passengers killed.
• The total number of collisions was up from 8,621 the year before, which saw a total of 7,970 injuries and 451 deaths.
• In 2009, fatalities from motorcycle crashes involving individuals age 45 to 54 accounted for nearly 23% of the total number of motorcycle collision deaths[2].
• 40% of the total motorcycle crash fatalities in 2009 occurred on two-lane highways, which is about 9% more than those occurring on four-lane roads.
• Of the 376 total motorcycle fatalities in 2009, 37% involved alcohol.

Nationally, between 2009 and 2012, there were 18,574 fatalities from motorcycle crashes. In the same time period, Florida experienced 1,667 fatalities from motorcycle collisions, equivalent to 9% of the national number. This goes to show the big problem in Florida regarding motorcycle collisions.

All Drivers Have a Responsibility to Share the Road

It is important for all drivers and motorcyclists on the road to show each other respect. This means that motorcyclists should follow all of the same laws that drivers do, and drivers should pay close attention to those on motorcycles. Some of the common causes of motorcycle collisions include speeding, failure to check blind spots, turning in front of motorcycles, and colliding with a motorcycle while changing lanes.

These types of crashes can result in serious injuries such as damage to the spinal cord and neck, broken bones, amputations, or traumatic brain injuries. As the statistics show, there is also the potential for death. When the cause of the crash is someone else’s negligence, you need help to hold the liable party accountable for his or her actions. In these situations, it is beneficial to make sure you have someone on your side to help protect your rights during the process.

At Vanguard Attorneys, our Tampa motorcycle accident lawyers are dedicated to helping injury victims seek the compensation they need after they have been involved in a motorcycle collision. We know that there are a number of factors to consider when dealing with these types of cases, and we want to make sure you understand your rights and options every step of the way. We may be able to help you secure compensation to cover the medical bills, lost wages, and other losses associated with your injury. You can have peace of mind knowing that our experienced team is on your side.

Call us today to discuss your potential case.

[1] https://firesportal.com/Pages/Public/DHSMVPublishedDocuments/Previous%20Years/Crash%20Facts%202012.pdf

[2] http://www.flhsmv.gov/html/VulnerableUsersRpts/Motorcycles2010.pdf

As the summer riding season approaches, more motorcycles will be seen on roads throughout the US. Even in warm-weather states like Florida, many riders store their motorcycles or ride more frequently in the spring and summer seasons.

With more daylight, good visibility for riding extends late into the evening in the summer. However, visibility is reduced drastically at dusk and the summer season also brings consistent, heavy rains on a near-daily basis. As motorcyclists in Florida and across the US warm up for another summer riding season, being prepared and freshening up on a few key pointers for night and wet weather riding can help riders stay safe and avoid accidents.

Enhancing the Rider’s Nighttime Visibility

The majority of motorcycle accident fatalities occur after nightfall. Rider’s should place strong emphasis on increasing road presence and visibility whenever operating a motorcycle at night. Safe night riding relies heavily on maximized visibility for both the rider and other motorists. Below are some tips that can help motorcyclists ensure safe riding.

• Reflective Clothing – Consider purchasing motorcycle helmets and jackets equipped with reflective paint or reflective panels. Even some darkly colored jackets are equipped with subtle, yet highly visible reflective seams and trim. Consider wearing a reflective belt or vest when riding at night. Reflective stickers and tape can also be applied to helmets and parts of a motorcycle.
• Check and Upgrade Motorcycle Lighting – Make sure all lights and signals are functioning before hitting the road, especially at night time. A modulating headlamp is noticeably more visible than a standard lamp. Consider installing auxiliary lighting or running lamps in addition to originally equipped lights. LEDs are also becoming more popular over conventional incandescent bulbs. Some newer motorcycles come equipped with full LED-panel tail lamps and turn signals. After-market LED bulbs can also be purchased to replace standard bulbs. LEDs last up to ten times longer than incandescent bulbs, emit 40-50% more intensity, use less voltage and do not generate heat. Replacing a motorcycle’s OEM bulbs with LEDs can help increase the visibility of brake lights and turn signals.

Exercising Caution in Rainy Conditions

Traction becomes significantly reduced when riding a motorcycle during or just after a rain. Always make sure your PSI levels are kept at manufacturer specifications. Vehicles deposit oil, brake fluid, fuel and other residues on the road over time. When the rain commences, fluid residues and deposits are lifted and create slick areas on the road. Traction in these areas at the beginning of a rain shower can be similar to encountering a sheet of black ice.

• Maintain Proper Tire Pressure – Routinely check air pressure with a tire gauge, especially if the bike has been sitting for more than a few days. Slightly underinflated tires can drastically reduce a rider’s ability to brake and corner and can spell disaster in wet conditions.
• Maneuver and Throttle Cautiously – Cornering, braking, acceleration, and adjusting road positions require extra time and distance in wet conditions. A rider steers by leaning into a turn, using a part of the tire with less tread pattern. Slightly too much throttle on a wet road can cause a tire to be pushed sideways leading to loss of traction and a very fast lay-down or high-tail crash.
• Take a Break and Wait the Rain Out – An even safer wet weather strategy is to pull over for gas or a coffee if it begins to rain. At minimum, wait until several minutes of steady rain have passed to help wash away the road’s residue deposits. If pulling over is not an option, slow down substantially during the start of any rain shower. Go slow and easy on the throttle and proceed very gently through turns – it’s a safe bet to ride your bike as if trying to maintain control on snow or ice.

References:

Examiner

Open Road Journey

Wiki How

In the US, motorcycle accident fatalities have increased on average over the past decade, while fatalities in passenger-vehicle accidents have decreased. In 2012, the state of Florida ranked as the third highest state in the US for motorcycle accident fatalities. The US Department of Transportation and motorcycle safety experts feel that ramped-up, persistent efforts are necessary to increase motorcycle awareness and teach riders proper defensive riding tactics in order to make the roads across Florida and the US safer for motorcycles.

Causes of Motorcycle Accidents

In general, riders who fully abstain from drinking while riding face much better odds of staying safe and accident free. When motorcycle accidents do happen, there are a few causes that are typically associated. Virtually all collisions involving an automobile and a motorcycle occur because the driver of the car claims he/she “never saw the motorcycle”.

• Cars making Left-Hand Turns: This is a common scenario of crashes involving motorcycles and automobiles. In an intersection, a motorcycle may be proceeding straight through and a car facing the opposite direction does not see the oncoming rider and turns left in front of him/her. In another example, a rider may attempt to pass a driver on the left. Without use of a turn signal, the car may suddenly turn left and not see the approaching rider.
• Lane Splitting and Unsafe Passing: This occurs when a motorcycle passes another car in the same lane without lawfully changing lanes. This also occurs when a rider proceeds in between lanes of slow or stopped vehicles during a traffic jam. Most drivers don’t anticipate that any other vehicle will be passing between the rows of slowed or stopped traffic. Lane splitting is unlawful in Florida and a rider who is injured in a crash connected with lane splitting may be ticketed and determined to be at-fault for the accident.
• High-Tail Crash (end-over): This is a violent type of crash that typically happens when a motorcycle’s rear tire loses traction and begins to skid, causing the bike’s rear to skid forward. The tire then suddenly regains traction, “grabs” the pavement or riding surface, and violently jerks the bike back in line as rear tire jumps back to its original position. However, the abrupt shift caused by the sudden grip produces destabilizing forces which throws the motorcycle off-balance and ejects the rider.

Motorcycle Accident Statistics

• Wearing a helmet reduces a rider’s chances of death in an accident by nearly 40%.
• Cars turning left in front of a motorcycle account for more than 42% of all collisions between motorcycles and automobiles.
• Between 15-20% of all Florida traffic fatalities consist of motorcyclists and their passengers, yet motorcycles only account for about 3.6% of Florida’s motorists.
• In roughly 25% of fatal motorcycle crashes, the rider crashes into a fixed object such as a telephone pole or concrete bridge abutment.
• For every 100 motorcycle fatalities in Florida, 37 could be prevented by wearing helmets.
• Nearly 60% of all motorcycle accidents occur at night, while nearly 50% of all crashes occur on a weekend night (Friday-Saturday)
• More riders ages 25-34 were either seriously injured or killed in motorcycle crashes than any other age group, followed by riders ages 45-54 simply due to the proportionate amount of riders in that group overall.
• Per mile, a motorcycle rider has a mortality rate 30 times higher than a driver in a car or truck.
• Florida has at least 630,000 registered motorcycles on its roads; observed helmet use is nearly 49%.

References:

Ride Smart Florida

The Examiner

NOLO Legal Encyclopedia

CDC

A motorcyclist from New York who traveled to Daytona to attend the Bike Week 2014 passed away in a local hospital after his motorcycle collided with an automobile. The fatal motorcycle crash marked the second accident related fatality reported in either Volusia or Flagler counties during this year’s bike week, which kicked off on Friday, March 7th.

The motorcyclist was Christopher M. Converse, age 58, of Warrensburg, New York. Converse suffered severe trauma in a traffic accident that took place close to 8:20 p.m. on Saturday March 8th, according to Port Orange police Lt. John Jakovenko.

The car involved in the fatal traffic accident was driven by Patricia Webb, age 59, of Port Orange, who was not injured, Jakovenko added. Converse was taken by ambulance to Halifax Medical Center in Daytona Beach, where he eventually succumbed to his injuries on Sunday, according to police. The motorcycle accident is still under investigation. Police are looking for witnesses and are asking anyone with information on the fatal crash to call Officer Jesse Pierson at 386-506-5838. No further information was provided and it was not made clear how the crash occurred, whether the rider was wearing a helmet or whether alcohol played any role in the accident.

Just a day earlier, the festival’s first reported death took place in New Smyrna Beach early in the morning on March 8th. Another motorcyclist, Mark Twining, age 46, from Springfield, Massachusetts, died in a single vehicle accident after his motorcycle ran off the paved surface on Riverside Drive and collided with a utility pole. In a third, but non-fatal motorcycle accident, another man who had been riding along with Twining suffered minor injuries when he crashed his motorcycle in Old Fort Park. Alcohol was a suspected factor in both of the crashes, New Smyrna Beach police noted. It was not made clear whether either of the riders had been cited in connection with the accidents.

Another Motorcycle Fatality Recorded near Daytona just Hours before the Festival Kick-Off

Just before Bike Week 2014 commenced that Friday, another motorcyclist visiting the Daytona area died in a Flagler County accident early on Thursday March 6th, according to the Florida Highway Patrol. Peter Lonchar Jr., age 66, of Weirton, West Virginia, lost his life after he lost control of his motorcycle in a curve on U.S. 1 north of Seminole Woods Parkway and collided with a fence along the road, the FHP said. State troopers did not specify whether alcohol played a role in this fatal single-vehicle motorcycle crash.

Fatal Motorcycle Accident Statistics

1. In 25% of fatal motorcycle crashes, the rider crashed into a fixed object such as a telephone pole or concrete bridge abutment.
2. Any alcohol in a rider’s system increases the chance of crashing by at least five times.
3. Wearing a helmet reduces a rider’s chances of death in an accident by nearly 40%.
4. Each year, between 30-40% of all fatal motorcycle crashes involve some level of alcoholic impairment.
5. Riding with a BAC equal to or over 0.05 (about 2 beers) increases a rider’s chances of crashing by nearly 40 times.

References:

Daytona Beach News Journal

Tampa is second only to Miami among Florida cities with the highest rates of serious and fatal motorcycle accidents. The state of Florida is home to the third highest average annual motorcycle fatality rate in the entire country. Naturally, a higher rate of motorcycle accidents equates to a higher frequency of motorcycle injury claims. Since motorcycles offer no protection to riders and most collisions cause the rider to be thrown the ground, a much higher proportion of these accidents result in catastrophic injuries with permanent effects.

Any time a motorcyclist is injured in an accident as a result of another driver’s inattention or negligence, he/she is strongly encouraged to speak with an experienced motorcycle accident attorney. The other motorist is likely to have an insurance company’s adjusters behind them who are all-too quick to refute or marginalize your injury claim. Retaining the services of a competent personal injury attorney can help to protect your rights to legitimate compensation and may keep the opposing party from intimidating you or using unfair stall tactics in response to your claim.

How Exactly Does a Personal Injury Attorney Help with My Motorcycle Accident Claim?

Following a motorcycle accident, you may face months’ worth of acute care in the hospital and physical rehabilitation. Even in case of less severe motorcycle accidents, an injured rider might still face follow up surgeries, consultations, outpatient physical therapy, and missed time at work. Quantifying these costs and recovering the damages from an at-fault party can require a tactical legal approach.

Simply retaining a personal injury attorney early in the process may send the message that your claim is serious. Injured riders who delay in hiring a lawyer might be seen as an opportunity for a quick settlement by the insurance company. The insurance company might act quickly to offer a low-ball settlement that seems fair to the injured person at the time, but is extremely low in comparison to the long-term losses caused by the injury. In other cases, they might attempt to shift the blame to the motorcyclist and deny the claim altogether.

Insurance adjusters and their attorneys know that an injury victim acting alone may not understand his/her legal leverage or the true monetary value (due to unforeseen costs) of his/her injury. An experienced personal injury attorney can be the rider’s key to successfully recovering the costs of medical treatment, lost wages, property damage, and mental anguish.

Can a Lawyer Help with My Injuries?

Most injuries that result from a motorcycle accident qualify for compensation. If you required any medical care whatsoever or if you missed any work due to your injury – an experienced lawyer is the best equipped person to help you recover every dollar of those expenses – in addition to future costs or lost income earning opportunities. If your injuries required hospitalization, surgery, and/or rehabilitation, there’s a high probability you have a strong claim. A motorcycle accident attorney can help you to recover the costs of:

• Emergency Room Visits
• Surgeries
• Acute Care / Hospitalization
• Rehabilitation
• Missed Time at Work
• Follow Up Doctor’s Visits and Therapy
• Medications

How do I Choose the Right Personal Injury Attorney

It’s in your best interest to speak with and consider at least a few different attorneys before choosing one to handle your case. Ask your friends and family for a referral to start out. Be sure that your attorney has significant case experience with motorcycle accident claims. Your attorney should have a balanced record of positive client outcomes consisting of settlements as well as a few wins by trial. You may also wish to only consider lawyers who are highly rated among their peers and are recognized by independent entities such as Avvo.

References:

Ride Smart Florida

The Examiner

Wiki How

Despite a motorcyclist’s discipline and consistent defensive riding habits, motorcycle accidents can still happen. Even the best, most cautious rider cannot predict the actions of other motorists or prevent driver distraction. Statistics show that there are nearly 250,000 traffic accidents in Florida every year.

The leading cause of traffic accidents, including motorcycle accidents, is inattentive driving. Inattentive driving includes all cases of distracted driving, drowsy driving, and drunk driving. A motorcycle rider can choose to ride defensively and employ a few other consistent practices to help reduce his/odds of a traffic accident. However, some accidents may be entirely unavoidable. In those cases, knowing what steps to take can help to make the recovery and claims processes a little easier

Five Steps to Avoid a Motorcycle Accident

1. Ride Defensively: Looking twice is a huge part of riding a motorcycle defensively. A rider should never assume that that the other driver sees him/her. Check your mirrors, signal, and then look again over your shoulder before changing lanes.

2. Turn Steadily and Deliberately: Slow down just before entering a turn. If you enter the turn a little too fast, gently drag the rear brake to control your speed and stabilize the bike. Keep your feet up on the pegs at all times, with your knees in against the gas tank.

3. Wear Vibrant Colors: Colors can serve purposes of both style and safety. Vibrant or fluorescent yellows and greens are most easily detected by the human eye. Lime yellow is the most scientifically “eye catching” color. Alternately, orange has a wide variety of hues and saturation levels and ranks high on the visual sensitivity scale.

4. Throttle Evenly: Operate the throttle evenly, at a consistent rate. Cruising in the proper gear with light, even throttling creates less wear on the engine and powertrain components while keeping extra power on reserve for quick acceleration or engine braking.

5. Maintain a Safe Following Distance: Always maintain a safe following distance. Slow down or change lanes safely if another vehicle cuts in front of you.

5 Steps to Take after an Unavoidable Motorcycle Accident

1. Dial 911: In any accident that throws a rider off the motorcycle and to the ground, it is advisable to seek medical help. Even if you don’t believe you are injured, soft tissue injuries, strains, and concussions can manifest symptoms hours after an accident. Contact the police in all cases of motorcycle accidents.

2. Photograph the Scene: If possible, use your Smartphone to photograph the motorcycle in the exact spot in which it fell. Take pictures of the street/intersection, any damage to vehicles, torn clothing, and visible injuries. Pictures of your injuries will help support your claim for medical expenses.

3. Gather Contact Information: If you are physically capable, attempt to record or write down the names, addresses, and phone numbers of all drivers, passengers, and witnesses. Obtain other drivers’ insurance policy numbers and company names. Write down or photograph license plate numbers of all vehicles involved.

4. Notify your Insurer: If you carry private health insurance or property coverage on your motorcycle, notify your providers(s) of the accident and provide them with your side of the story. You may tell your carrier if you intend to pursue a full claim (for 100% of fault) against the other driver’s insurance coverage.

5. Speak to a Personal Injury Attorney: If another driver is at fault for your motorcycle accident, he/she might be financially liable for any injuries you suffer. Speaking with a personal injury attorney as soon as possible may be the best way to protecting your rights and moving forward with a claim for damages. An experienced motorcycle accident attorney can help to evaluate your case and guide you through any necessary next steps.

References:

Wiki How

Motorcycle Blog