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Most dangerous times to be on Australian roads

February 21, 2022 mcnews Leave a comment

We hardly need research to tell us that weekends are the most dangerous time on Aussie roads — or any country for that matter — especially for motorcycles.

After all, more motorcycles are out on thew roads on weekends, for a start.

I’ve been reporting on crash statistics for several decades and the one constant is that the most dangerous times to be on the roads are from Friday afternoon until Sunday evening.

People have switched off from work and are using the roads for reaction and travelling greater distances, so there is more likelihood of a. crash.

There is also a greater abuse of alcohol and drugs in these times, according to Professor Max Cameron from Monash University’s Accident Research Centre.

So we don’t really need yet another survey to prove this theory of dangerous motoring times.

However, new data from Compare the Market not only confirms Saturdays as having the highest rates of car crashes resulting in deaths, but also shows some other interesting results.

For example, the most deadly season is Spring!

Yes, when then flowers start coming out and horse blow out birthday candles, it is more dangerous to be on the road.

August, November and the first month of summer, December, are the most lethal, according to the review of data from 1989 to 2021.

Centre for Accident Research and Road Safety – Queensland (CARRS-Q)’s Professor Teresa Senserrick says these spikes in road deaths match with school holidays.

“This is why there is justification for double demerit points during those periods,” she says, even though Queensland is one state that does not have double demerit points.

Professor Cameron says a key characteristic of fatal accidents in holidays is that they usually involve higher speeds, which are more common in rural areas.

Unsurprisingly, the survey also found that night rides, especially in remote or rural areas are more dangerous, especially for riders dodging kangaroos and other wildlife.

Also, the inferior quality of rural roads can be a contributing factor and deaths as a result of accidents can be higher because of the time it takes for emergency services to arrive on the scene.

Another interesting result is the effect of weather on crashes.

The Australian Bureau of Meteorology notes that the northern and eastern coasts receive more rainy days from November to March, while the southern states see more wet weather in the winter months.

“In some parts, rain is quite torrential, but when the rain first starts in Australia’s southern states, the roads often have a lot of dust on them,” Professor Cameron says.

“Rain turns that dust to mud, which is very slippery. Heavy torrential rain quickly clears the mud away.

“Motorcyclists, cyclists and pedestrians don’t tend to be on the roads during heavy rain so much, so there are fewer fatal crashes for these groups of road users, who are at a higher risk of dying in a crash compared to vehicle occupants.”

There has been a downward trend in all road fatalities over the past decade, including motorcycle fatalities.

On average, motorcycle fatalities account for approximately 17% of road fatalities during this period.

Motorcycle fatalities only accounted for 15.82% of all road casualties in 2011, while, at its peak, motorcycle casualties accounted for 19.27% of all deaths in 2016.

Year	Motorcycle fatalities	Australia wide (includes driver, passenger, pedestrian, motorcyclist, pedal cyclist and unknown)
2010	224	1353
2011	202	1277
2012	223	1300
2013	213	1187
2014	191	1151
2015	203	1204
2016	249	1292
2017	211	1221
2018	191	1135
2019	211	1195
2020	188	1095

Source: National Road Safety Strategy, Road deaths by road user, [Accessed: 21 February 2022]

So how does Australia stack up against others? Overall, Australia has a lower rate of road fatalities per 100,000 compared with countries like New Zealand, USA, UK, Italy, France, Germany, Norway, Canada and Ireland.

Most countries have seen a year-on-year decrease for their annual road casualties, with Norway having the smallest number of casualties (just under 1 person per 100,000 people).

Source: MotorbikeWriter.com

Motorcycle News, News

Most Common Causes of Motorcycle Accidents

August 13, 2020 mcnews Leave a comment

(Contributed post for our Southern California readers)

If you ride a motorcycle in Orange County or anywhere else in southern California, you know that it’s dangerous. With their high-speed capabilities and minimal frames, motorcycles offer their riders little protection. Because of this, even a minor motorcycle accident can result in severe injuries. We’ve compiled a list of the most common causes of motorcycle accidents on the California freeways. If you do ride a bike, wear your helmet and body protection.

Ten Common Causes of California Motorcycle Collisions

There are many hazards for motorcyclists—always from other drivers, but also often from themselves.

1. Improper or unsafe lane changes

When you’re riding a motorcycle, drivers frequently don’t see your minimal profile. When you change lanes, it’s important that you’re not relying on other drivers to break or to expand the gap you’re moving into. If you don’t have a wide berth, remain in your lane.

2. Speeding or driving too fast for conditions

There’s no doubt about it. Bikes are fast. But they’re also harder to control at higher speeds. You can also override your headlights, which means that things can appear in the road too quickly for you to react. In addition to causing motorcycle accidents, speed can make accidents more dangerous.

3. Drunk driving

When a car driver is drunk, they endanger everyone on the road. While motorcyclists are also a danger to other drivers, the primary peril is to themselves. Alcohol affects coordination and slows reaction times.

4. Lane splitting

This occurs when a motorcyclist rides between two lanes, usually to avoid traffic. The danger comes when cars suddenly shift lanes, blocking the motorcyclist’s path or squeezing the gap.

5. Car doors opening

Many drivers forget to check their side mirror before opening the door. If they don’t hear a motorcyclist, they’re likely to block the rider’s path with the door. This is also dangerous for bicyclists and skaters.

6. Rear-end collisions

If you stop suddenly, there’s a good chance that an inattentive driver will continue forward or notice you too late and strike you from the rear. This is one of the most common types of vehicle accidents.

7. Inexperienced motorcyclists

Newer motorcyclists are more prone to accidents. Riding a motorcycle is a skill that takes time to develop. When you’re learning, stay off of busy roadways and try to ride during slower times.

8. Left-turn intersection accidents

Intersections are dangerous, but when you add to it the smaller profile of a motorcycle, they can be a nightmare. Statistically, making a left turn is the most dangerous type of turn at an intersection.

9. Road hazards

From construction sites to potholes to inconsistent surfaces, when you’re on two wheels as opposed to four, the smallest inconsistency can cause a rider to lose balance and lose control.

10. Defective equipment

Having properly maintained equipment is always important on the road, but when you’re riding a motorcycle, having even a minor malfunction can cause your bike to throw you, causing a hazardous situation.

If you’ve been involved in a motorcycle accident in southern California, call an Orange County motorcycle accident attorney for a free consultation.

Source: MotorbikeWriter.com

Motorcycle News, News

Motorcycle Traffic Collision Injury Statistics You Should Know

August 2, 2020 mcnews Leave a comment

(Contributed article for our North American readers)

People love motorcycles because of their low purchase cost, ease of maintenance, fun and adventure. These machines, though, pose an extra risk to riders. Riders are more susceptible to injury and death due to the lack of protection in the event of an accident.

People involved in motorcycle traffic collisions can sustain long-term injuries such as a damaged spinal cord, fractured or amputated limbs and, in worst cases, death.

Below are some of the statistics you should know about motorcycle collisions.

1 Probability of Occurrence

The National Highway Traffic and Safety Administration (NHTSA) reports that motorcycle drivers were 27 times more likely to die in car crash per vehicle mile travelled.

In Australia, motorcycle registrations account for 4.5% of vehicle registration and 0.9% of total distance covered by vehicles. The low registration doesn’t correlate with the number of motorcycle accidents. Motorcycle collisions are responsible for 15% of fatalities and an even higher percentage of injuries.

So, despite the low numbers of motorcycles on the roads, the risk factors are high. Riders are also more susceptible to injuries and death than in any other category.

2 Helmet Use and Related Susceptibility Rate

Helmets and other safety gear offer additional protection and safety measures to riders. According to the World Health Organization (WHO), the appropriate use of helmets reduces fatal injuries by 42%. Helmets also prevent head injuries by a further 69%.

Data from NHTSA estimates that economic loss amounting to USD$3.5 billion was prevented and other related costs amounting to USD$21 billion were saved. These amounts and a further USD$1.5 billion could’ve been saved if every rider wore a helmet.

The total fatalities that were prevented by wearing helmets amounted to 1,872, and the other 750 could have been saved if they wore helmets.

3 Statistics of Other Causes of Motorcycle Traffic Collision

One significant factor in motorcycle traffic collisions is the age of riders. In 2016, the majority of crashes and fatalities involved riders more than 40 years old. Also, in 2017, a third of the riders involved in road crashes were more than 43 years old.

In a report commissioned by the Ministry of Infrastructure, the contributing factors of crash fatalities are excessive speeding at 70%, alcohol and drug abuse at 46%, and learner riders at 8%. Sometimes, up to three factors are related to a single crash.

It’s important to note that it’s advisable to seek compensation for injuries resulting from these accidents. Consulting a motorcycle personal injury lawyer can help you investigate the causes, negligence, gather evidence, and negotiate with insurance firms or lobby for fair compensation in courts.

4 Motorcycle Injuries and Injury Rate

There have been oscillations between 2008 and 2018 injury rates in the United States–from a high of 96,000 in 2008 to a low of 89,000 in 2017. Also, there has been an outlier in that curve with 104,000 injuries in 2016 and 81,000 in 2011.

The trend is replicated in different metrics, like injuries per 100,000 vehicles registered, and miles travelled in millions and injury rate per 100m vehicle. The general observation is the general reduction in these trends.

For instance, the injury rate per 100,000 registered motorcycles reduced from 1,238 in 2008 to 1,018 in 2017, with a low of 965 in 2011.

5 Motorcycle Fatality Statistics

According to the Governors Highway Safety Association(GHSA), there were 5,000 motorcycle-related deaths in 2017, down 300 on the previous year. The report, however, noted a big representation of riders in total fatalities.

In comparison with other fatality sections such as passengers, drivers and pedestrians, motorcycle-related fatalities have had an upward trend in the past decade. A report prepared by the ministry of infrastructure shows a continued rise from 10% in 1998 to 15% in 2007.

The driver death per billion kilometres travelled indicated that more motorcycle riders died. There were 116.4 rider deaths per billion kilometres compared withy 4.3 driver deaths per kilometre in 1998. In 2003, 116.9 deaths were reported compared with 3.9 driver deaths. By 2007, a 116.9 death rate represented an increase compared with a decrease of driver deaths to 3.9.

These figures indicate motorcycle fatalities haven’t reduced as compared with a 2.0% decrease in driver deaths in the last decade.

The Department of Transportation reports that in 100,000 registered vehicles, 59.34% of accidents related to deaths involved motorcycles, in comparison with 7.52% for light trucks and 10.05% for passenger cars.

Conclusion

Motorcycle traffic collisions are prevalent and more likely to occur than other classes of vehicles, even though motorcycles are fewer on the road. On a positive note, there was a reduced number of injuries in the United States between 2008 and 2017.

Some of the causes of motorcycle injuries include helmets, alcohol abuse, age factor, and excessive speed. World Health Organization (WHO) notes that correct helmet use reduces susceptibility to injuries.

Source: MotorbikeWriter.com

Motorcycle News, News

Driver in court over hitting club riders

July 29, 2020 mcnews Leave a comment

A 52-year-old driver who ploughed his Kia Rio head-on into several club riders in Kyogle, northern NSW, killing one and injuring four others last year has face court in Lismore.

Royce McCocker, of Warwick, Queensland, was charged on 26 March 2020 for the accident that occurred on Sunday, 20 October 2019.

He was to have faced Kyogle Local Court on 10 June 2020, but that was moved to 29 July in Lismore Local Court because of COVID-19.

His matter was re-listed in court this week for 26 August 2020.

Club riders

The carnage occurred when six club riders from the Sons Of The Southern Cross SMC were heading south out of Kyogle and the Kia was heading north, allegedly on the wrong side of the road.

One of the club riders, Wes “Pop” Carlton, 55, suffered critical injuries and sadly died at the scene.

Wes "Pop" Carlton club riders — Wes “Pop” Carlton (Image: Facebook)

Another rider, a 56-year-old man, suffered serious injuries and was taken to Lismore Base Hospital before being airlifted to Gold Coast University Hospital in a serious but stable condition.

The other two riders, aged 52 and 53, suffered serious injuries and were taken to Lismore Base Hospital for treatment.

The injured riders were named as “Smiley, Wellsy and Browny”.

Two more riding in the SOTSC group were not hit.

Driver charged

The driver and sole-occupant of the car, a 52-year-old man, was trapped for a short time before being released and taken to Lismore Hospital for treatment and mandatory testing.

Car ploughed into riders — Image: Seven News

Officers from Richmond Police District established a crime scene, which was examined by the Far North Coast Crash Investigations Unit.

Following extensive inquiries, the 52-year-old driver was arrested on 26 March 2020 at his Warwick home.

He was charged with dangerous driving occasioning death, three counts of dangerous driving occasioning grievous bodily harm, negligent driving occasioning death, negligent driving occasioning grievous bodily harm, and driver not keep left of centre dividing line.

His licence has been suspended.

Our sincere condolences to the families and friends of all riders killed and our best wishes for a full and speedy recovery for all those injured in these crashes.

Group crashes

Pick-Up crash with US riders accident — North American group riding crash (Image: Associated Press)

Riders are vulnerable road users, but when they are riding in a group they present a bigger target and the results can be carnage.

We have reported on several group crashes in recent months in Australia.

In March 2020, two riders and a pillion were injured when two motorcycles collided head-on (pictured above) and in the same week, two riders travelling the same direction collided and one rider crashed and sadly died.

But the most tragic was the crash in North America where an unlicensed pick-up truck driver ploughed into 10 bikes, killing seven riders.

Source: MotorbikeWriter.com

Motorcycle News, News

Which Occurs More Often in Dallas: Motorcycle or Car Accidents?

June 27, 2020 mcnews Leave a comment

(Contributed article for our North American readers)

Motor vehicle accidents injure and kill countless Texans every year. The city of Dallas is no exception. In fact, Dallas has more motor vehicle accidents than nearly every other city in the entire state.

In 2018 alone, there were 31,950 motor vehicle crashes in Dallas, TX.194 of these accidents were fatal, and 867 resulted in serious injuries to passengers.

It is important to note, however, that these 31,950 total accidents in Dallas involved various types of motor vehicles. Two of the most common types of vehicles involved in Dallas motor vehicle accidents are passenger cars and motorcycles. But which type of vehicle results in more accidents in Dallas? Read on to find out and learn more about what you can do after an accident in Dallas, TX.

Dallas Motor Vehicle Accident Statistics in General

The National Highway Traffic Safety Administration reported that 14.47 people per 100,000 died on Dallas streets in 2017. One source notes that Dallas reported 1.57 speeding fatalities per 100,000 people—the most in the United States. Additionally, Dallas had the fifth-highest rate of fatal traffic accidents among the 25 largest cities in the United States.

To be frank, Dallas roads can be dangerous. However, some types of vehicles can put you and your loved ones at risk more than others.

Car vs. Motorcycle Accidents: Which Occurs More Often?

The Texas Department of Transportation (TxDOT) reported the following statistics in 2018 with respect to passenger car vehicle accidents:

487,421 total crashes;
48,252 non-incapacitating injury crashes;
8,383 suspected serious injury crashes; and
1,763 fatal crashes.

While Texas did experience a decrease in overall traffic fatalities from 2017 to 2018, these numbers are still concerning.

With respect to motorcycle accidents, TxDOT reported the following statistics in 2018:

7,863 total crashes;
2,735 non-incapacitating injury crashes;
1,844 suspected serious injury crashes; and
436 fatal crashes.

A quick comparison of the statistics for car and motorcycle accidents in Texas will provide a quick answer—passenger car accidents are by far more common in Texas. However, these numbers don’t necessarily show which type of motor vehicle is more dangerous or more prone to accidents.

The Real Question—Which Type of Vehicle Is More Dangerous?

Passenger cars are the primary mode of transportation for most Americans. This is the main reason that there are so many more passenger car crashes than motorcycle crashes each year.

However, based on the TxDOT statistics above, less than 1% of the 487,421 total passenger car accidents in 2018 were fatal. This percentage is very small compared to the number of fatal cases in motorcycle accidents. In 2018, nearly 6% of the 7,863 total motorcycle accidents were fatal.

In fact, in 2017, the National Highway Traffic Safety Administration found that motorcyclists were 27 times more likely than passenger car occupants to die in a car crash per vehicle mile traveled. Thus, while car accidents occur more often than motorcycle accidents, this does not mean that motorcycle accidents are “safe” by any means.

Motorcycle Accidents in Dallas

There are numerous reports of motorcycle accidents in and around Dallas, TX. Often, these accidents occur at no fault of the motorcyclist and are instead due to the actions of other negligent drivers.

The fact of the matter is that regardless of what precautions you take, motorcycles are inherently more dangerous than passenger cars. Failure to wear a helmet can make matters even worse. In fact, in 2018, 49% of motorcyclists killed in an accident were not wearing a helmet at the time of the crash.

What to Do Next If You Are Involved in a Car or Motorcycle Accident in Dallas

Regardless of which type of accident occurs more often, the fact remains that there is always a chance that you might be involved in a motor vehicle accident in Dallas. Whether your primary mode of transportation is a motorcycle or a passenger car, if you sustain injuries in a collision, it is important to know your rights and what steps to take.

What Damages You May Be Entitled to Recover

If you are involved in a car or motorcycle accident in Dallas, you may be entitled to damages. Legal “damages” are the “costs associated with your car accident that you might be entitled to receive to help you recover.” [source: https://www.injuryrelief.com/dallas-car-accident-lawyer/]

Damages that you may be able to recover in a motor vehicle accident case include compensation for:

Property damage to your vehicle;
Past and future medical expenses;
Lost wages or lost earning capacity due to your injuries;
Pain and suffering;
Stress and anxiety;
Emotional distress; and
Loss of enjoyment of life.

If any of the above legal damages exist in your case, it is imperative that you take action so that you can begin working toward your recovery. Knowing your rights and what you may be entitled to recover is crucial to getting the compensation you deserve.

When to Start Taking Action

If you or a loved one has sustained injuries in a motor vehicle accident in Dallas, don’t wait. One of the most important things to note about car and motorcycle accidents in Texas is the statute of limitations.

A statute of limitations is essentially the timeframe in which you must bring a certain type of legal claim. In Texas, the statute of limitations for filing a car or motorcycle accident claim is two years. This means that you must file your legal claim within two years from the date of the accident. Failure to do so could result in losing your right to recover compensation. Thus, make sure to act quickly to ensure that you give yourself enough time to bring any legal claims.

If you are ready to take action, consider reaching out to a motorcycle or car accident lawyer to help you navigate the legal process. If you don’t feel ready to take that step quite yet, you should at least start looking for resources online to help you determine what next steps to take, if any.

Regardless of where you are in the process, don’t forget to seek medical attention as soon as practicable. Car and motorcycle accidents can cause significant physical and emotional trauma, so make sure you take care of yourself first and foremost.

Source: MotorbikeWriter.com

Motorcycle News, News

Is a Motorcycle Accident Lawyer Different From a Car Accident Lawyer?

June 8, 2020 mcnews Leave a comment

(Contributed post for our North American readers)

After being hurt in a motorcycle accident, you have a lot on your plate—especially in the first days and weeks after the accident. Most importantly, you need to focus on your physical and emotional health while you come to terms with your injuries and start to look towards recovery. At the same time, you need to hire a lawyer so that you can have the best chances of getting a fair and comprehensive settlement from the responsible driver’s insurance company, because the reality is that no insurance company will pay you everything you deserve without a fight.

Trying to find a lawyer who is available to take your case, and more importantly QUALIFIED to take on your specific type of case, can be complicated and overwhelming while you are trying to manage your personal life in the early days after your accident. Fortunately, there are ways that you can connect with an attorney who is ready to take your case without needing to do the legwork on your own, which you can read more about here.

Choosing a lawyer can be complicated, but understanding why you need to work with an attorney who focuses on your particular type of accident is important. Read more about this below.

Can a Lawyer Represent Car Accidents and Motorcycle Accidents?

A personal injury attorney focuses most of their energy and expertise on recovering damages for their client after an accident, and the reality is that there is a significant overlap in many types of personal injury cases. At their core, personal injury cases seek to establish fault, then establish liability, and then move forward to calculating damages that the victim is entitled to. From this perspective, there is no major benefit to working with a motorcycle accident attorney after a motorcycle accident instead of just working with a car accident lawyer. But is that the end of the story?

Motorcycle Attorneys Know Motorcycle Law

The reality of hiring an attorney for a personal injury is that they need to have extensive understanding in two areas: tort law, and the laws and regulations around the activity you were involved in when you were injured. This means that working with a motorcycle accident attorney gives you access to a clear understanding of tort law that they practice daily, and a specific understanding of the risks, laws, biases, and other details that make a motorcycle accident unique.

From the perspective of an attorney who is unfamiliar with motorcycle accidents, it may be easy to take certain issues at face value when the insurance company pushes back on them, such as the reduced visibility of a motorcycle on the road as opposed to a car that an insurance company may use to lower their client’s degree of fault.

Support and Experience

When you are working with an attorney who understands the specifics of your situation and your accident, you can get the compassion that you deserve throughout this difficult and painful process. Working with someone who understands what you are going through and can represent that experience to the insurance company during your settlement negotiations goes a long way to stay confident and motivated to fight for what you deserve.

The final answer? You may get great legal support from an attorney who does not specifically focus on motorcycle accidents, but if you want to work with someone that you trust has your best interests and can see the nuances of your specific motorcycle crash, hire an attorney who has a history of successfully representing motorcycle accidents.

Source: MotorbikeWriter.com

Motorcycle News, News

Determining fault in a motorcycle accident case

June 7, 2020 mcnews Leave a comment

(Contributed post for our North American readers)

When someone has been seriously injured in a motorcycle accident, they must determine liability if they want to pursue legal claims. Determining liability means figuring out which parties are responsible for causing the accident and the injuries. If another person or entity is responsible for causing your accident and injuries, you may be entitled to recover compensation for all of the losses that you have suffered as a result.

What are the most common causes of motorcycle accidents?

Motorcycle accidents can be caused by many different problems. Most accidents are caused by the negligent actions of motorists. However, some accidents can also be caused by the negligent actions of companies or other entities. Some of the most common causes of motorcycle accidents include the following:

Motorists turning left onto a highway without seeing an oncoming motorcyclist
Failing to yield
Changing lanes in front of a motorcyclist without giving the cyclist enough room
Failing to check blind spots
Speeding
Drunk or drugged driving
Driving too fast for weather conditions
Opening a door in the path of a motorcyclist when exiting cars parked along the road
Making sudden stops
Motorists failing to slow down in time to avoid rear-ending a motorcyclist
Objects or debris in the road
Poorly maintained roadways
Defective parts
Inadequate maintenance and repairs

Figuring out the causes of motorcycle accidents is important for determining who might be liable for causing them. In some cases, both the motorcyclist and the other driver will share fault. In others, either the motorist or the motorcyclist will be wholly to blame for the accident. Some cases might also involve several liable parties who contributed to the accident’s cause.

An experienced injury lawyer may work with an accident reconstruction expert to identify all of the causes and the responsible parties. Accident reconstruction experts take measurements at the accident scenes to recreate what happened in the moments leading up to the crash. They also get information from the vehicles that were involved and the damage caused to each of them. An attorney may also have investigators talk to people who witnessed the accidents to gain a better understanding of what happened.

Determining the responsible parties after a motorcycle accident

To pursue compensation in a motorcycle accident claim, you must first identify the parties holding legal liability for your accident. An experienced personal injury lawyer can conduct an in-depth investigation to help you to determine fault.

Some of the parties that can be responsible for causing a motorcycle accident include the following:

The driver of the vehicle that was involved
For motorcycle passengers, the motorcyclist
The motorcycle’s manufacturer
The manufacturer of a defective part
The entity that is responsible for maintaining the roadway
Motorcycle repair shop that negligently repaired the motorcycle

To hold a responsible party liable, the injured victim or the family of people who are killed in motorcycle accidents will need to prove that the defendants were negligent. In some cases, several parties may be at fault.

Proving negligence in a motorcycle accident

To prevail in a motorcycle accident claim, you must be able to prove that the defendant was negligent. The plaintiff has the burden to prove each of the elements of negligence by a preponderance of the evidence, including the following:

The defendant owed a duty of care to the plaintiff.
The defendant breached the duty of care.
The defendant’s breach caused the accident and injuries.
The plaintiff suffered harm.

All motorists owe a duty of care to people who are traveling on the roads around them to operate their vehicles with the same degree of safety that a reasonable person would under similar circumstances. For example, a motorist is expected to avoid driving while distracted or drunk and to follow the posted speed limits. Breaching a duty of care occurs when a person’s conduct falls below the standard expected of him or her for the situation. The plaintiff will still need to show that the plaintiff’s breach of the standard of care was the direct or proximate cause of the motorcycle accident and that the plaintiff was harmed because of it.

In some cases, the driver and the motorcyclist will share fault. California allows plaintiffs to recover damages even when they are partially to blame under a legal principle called comparative fault. In this type of situation, the jury will the degree of fault that is held by each party. The plaintiff’s damages will be reduced by his or her percentage of fault.

For example, if you are determined to have been 25% at fault for your accident and are awarded a gross verdict of $250,000, your damages will be reduced by 25% or $62,500 for a net award of $187,500.

If several parties contributed to the accident, the jury will determine the percentage of fault held by each party. The liable parties will be responsible for paying the percentages of damages that are attributed to them. For example, if one defendant is found to be 20% at fault while another defendant is found to be 80% at fault, the defendant that is 20% at fault will have to pay 20% of the total verdict award while the defendant who is 80% at fault will be responsible for paying 80% of the total.

Some American states have modified comparative fault rules. In those states, people who are found to be more at fault than the defendants will not be able to recover damages. For example, in a state with a modified comparative fault rule, a plaintiff will not be able to recover damages if the jury finds that he or she is 51% at fault or more. California has a pure comparative fault rule, however. This means that people who are injured in California can recover damages even if they have a greater degree of liability for their accidents than the defendants. For example, if you are 99% at fault for causing an accident, you could still technically file a personal injury lawsuit. However, any damages would be reduced by 99%.

Motorcycle accidents can be devastating for the victims and their families. Fortunately, the law provides families and victims with the ability to recover damages from the parties that caused their accidents and losses. Getting help from experienced personal injury lawyers might help motorcycle accident victims to determine the legal options that may be available to them. By determining liability, the attorneys might help their clients to maximize the compensation that they might be able to recover.

Source: MotorbikeWriter.com

Motorcycle News, News

Learn from motorway ramp crash video

May 4, 2020 mcnews Leave a comment

We can all learn something from this video from a Canadian truck’s dash cam that captures the moment a rider hits a freeway barrier and flies over the side of the off-ramp.

It happened in Montreal last week and the unlicensed rider suffered serious but non-life-threatening injuries.

The male rider is lucky to be alive and owes his life to the truck and a police officer who was nearby.

What can we learn?

The lack of a licence indicates the rider was unskilled, although he wasn’t traveling very fast.

Some suggest he had target fixation.

If you don’t know what that term means, think of it as “if you look at it, you will run into it”.

Target fixation

Target fixation often happens in a corner when a rider goes in too fast, looks at where he thinks he will crash and that’s where the bike goes.

However, you can actually make target fixation work for you by consciously choosing where you want to be and the bike will go there.

Click here for more information.

Counter steering

The other interesting take from this video is that the bike keeps going.

It shows how important rider input is in steering a motorcycle.

Above about 8km/h, a motorcycle’s wheels have a gyroscopic effect which keeps the bike upright.

Without any rider input, a bike sits up straight and continues on.

To steer, you have to “counter steer” in the opposite direction.

In an emergency situation like this, your instinct is to turn the handlebars toward the direction you want to go.

While we can’t see this rider turn toward the wall, even the slightest bar movement in the wrong direction can have a catastrophic effect.

Check out this video where a rider makes several mistakes.

First, the rider enters the corner too shallow which makes the bike run wide. The rider should take a wider approach so the bike is leaning and turning away from oncoming traffic.

Read more about apexes here.

Second, the rider sees the truck and develops target fixation.

The third problem is that the rider has not practised counter steering, so he swaps back and forth between steering and counter-steering, weaving into the truck.

You need to practise counter steering to ensure that it becomes your reflex action in an emergency.

Click here to find out how to practise counter steering.

Source: MotorbikeWriter.com

Motorcycle News, News

Bail rejected in motorcycle massacre case

April 9, 2020 mcnews Leave a comment

A US Superior Court judge has rejected a bail hearing for young truck driver Volodymyr Zhukovskyy who mowed down 10 motorcycles, killing seven people in a New Hampshire highway crash in June 2019.

His defence had claimed that the lead rider of the Marine Jarheads Motorcycle Club was over the centre line and had a blood alcohol concentration of 0.135.

However, Judge Peter H. Bornstein rejected the bail application because Zhukovskyys record showed he had a “pattern of illicit drug and alcohol use”.

The 24-year-old was arrested near his home in West Springfield, Massachusetts, three days after the carnage on a fugitive-from-justice charge.

He has also been charged with seven counts of manslaughter, seven counts of negligent homicide-DUI, seven counts of negligent homicide, one count of aggravated driving while intoxicated and one count of reckless conduct.

Zhukovskyy in court

Depending on verdicts, he faces more than 100 years’ jail time. New Hampshire is now considering increasing jail time for any driver who kills another after previous drunk driving convictions.

Zhukovskyy has two prior drink-driving convictions yet still held a Massachusetts commercial driver’s license.

The state is also planning to allow the Director of Motor Vehicles to suspend or revoke an out-of-state truckers’ right to drive in a direct response to the multi-fatal.

Bali hearing rejected

Zhukovskyy is currently under arrest pending trial.

Her is alleged to have crossed the centre yellow line and run into a group of oncoming riders from the JarHeads Marine veterans group on their way to a charity event.

However, his lawyers say a new report into the incident claims club president Albert Mazza Jr. had a blood alcohol level of 0.135, according to an autopsy report, and that he had been looking back at his fellow bikers just prior to the crash.

Prosecutors say that on the morning of the crash Zhukovskyy consumed two “baggies” of heroin and half a gram of cocaine.

“The defendant’s criminal history proves that he is a danger, and preventative detention is the only way the court can ensure the safety of the public, and the defendant,” state prosecutors said.

The judge agreed.

Jail time

Under New Hampshire law, negligent driving can currently be charged as a Class A if Zhukovskyy was intoxicated at the time.

Zhukovsky initially told officers he was leaning down to get something in his truck.

However, the Federal Motor Carrier Safety Administration says Zhukovskyy tested positive for some type of narcotic or amphetamine at the time of the crash.

That makes it a Class A felony, so the term can go up to 15 years.

The judge may apply either concurrent or consecutive penalties, but there is no law requiring them to do so.

If they are consecutive, it could amount to 105 years in jail. That could multiply if the state approves the Bill for tougher penalties.

Zhukovskyy was to face a hearing in November 2019 but it has been delayed until November 2020.

He is a legal immigrant with a probationary green card who has been living in the USA for 13 years with his family. He may be deported back to the Ukraine if he is ever released from police custody.

Highway carnage

All US crash images Associated Press

The victims were members and associates of the Marine Jarheads Motorcycle Club who had just left their accommodation to attend their AGM.

They were hit by a Dodge 2500 pick-up truck carrying a long flat-bed trailer.

Club JarHeads president Manny Ribeiro says the driver “turned hard left into us and took out pretty much everyone behind me”.

Because the trailer was attached and it was such a big trailer, it was like a whip. It just cleaned us out.”

Among the carnage were a husband and wife.

The club consists of active duty or honourably discharged Marines and FMF Corpsmen.

Image: AP

Three people were also injured and taken to nearby hospitals.

The ages of the victims ranged from 42 to 62.

A gofundme account has been set up to rally support for the families of the victims.

It raised nearly $229,000 in the first day from more than 4720 people from across the US. It has raised almost $US590,000 ($A684,284) from more than 11,000 supporters.

As a result of crash investigations that found the driver should have had his licence revoked for previous drug charges, the Massachusetts motor vehicles chief resigned.

Source: MotorbikeWriter.com

Motorcycle News, News

Smart motorcycle gloves hold medical info

January 29, 2020 mcnews Leave a comment

Riders are well advised to keep their medical information on them in the unfortunate event of a crash.

There are many ways to carry important medical information such as blood type, allergies, emergency contacts, etc.

Medical info

You can store them on a USB stick on your keyring, keep a card in your wallet, or store it on your phone. Each has advantages and disadvantages.

I.C.E.mergency USB stores medical information.

For example, a USB stick may not be of any use if the first responder doesn’t have a computer while your phone may have a security PIN lock.

Probably the easiest solution is to keep a card in your wallet as that is where first responders check first.

They are also trained to check keys, phones and any labels on your helmet, clothing and bike.

First responder checks for medical info

The idea of making this information available is that first responders will know how to correctly treat you.

It may mean the difference between life and death!

Smart glove

QR code

Now French glove company Racer has developed a smart glove that includes that info for emergency services.

The Racer ID1 gloves feature a special Quick Response (QR) code on the inside of the glove’s cuff.

QR codes have been around since 1994 and are mainly used in advertising.

However, ambulance officers can also scan them with their phone to quickly reveal the relevant info. That’s great if the first responder has such an application on their phone.

Our other concern is that the QR code is fairly small and could easily be missed, plus gloves can come off in a slide down the road.

Racer mainly make ski gloves, but also have a wide range of casual-style motorcycle gloves for summer and heated gloves for winter.

Command and Tourer gloves

The ID1 gloves are not yet on the market, but they seem to have raised the funds to produce the gloves.

It appears they will be available in summer, winter and touring models.

Source: MotorbikeWriter.com

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