Tag Archives: accident law

Motorcycle Safety Road Review

1 Aug

It’s over halfway through Summer 2015 and our friends at GoMotorcycleCrash.com are ready to share more Safe Motorcycle Riding Practices.  Thanks to Dennise Burbank at Farmers Insurance in Olivehurst, California for emailing us at GoLaw.com these important Motorcycle Safety Tips.

Motorcycles are a fun and fuel-efficient way to get around, especially during warmer months, but did you know that motorcyclists are approximately 26 times more likely to die in a crash than people in a car? Before you put the rubber to the road, take a moment to review these basic motorcycling safety tips:

Wear Protective Gear — Always wear the proper riding gear, even for short trips, including a helmet with visor or goggles, leather or reinforced jacket, gloves, pants, and over-the-ankle boots.

Practice Defensive Driving — Be extra alert to potential dangers. Always maintain a safe following distance, and avoid cars that are making erratic moves.

Pretend No One Can See You — Remember that to car drivers, you virtually disappear on the road. Be as conspicuous as possible by wearing bright clothing and riding with your headlights on, and always position yourself in the best spot to be seen.

Avoid Bad Road Conditions — Avoid bad weather when possible. If you do get caught in changing conditions, be gentle with the brakes, throttle and steering, as the most dangerous time is right after precipitation begins when oil residue on roads rises to the top.

Learn Proper Techniques — Take a motorcycle safety course in your area. Beyond the basic skills needed to obtain a motorcycle license, riders need to master evasive emergency maneuvers to stay safe from all of the other drivers on the road

GoLaw.com associated attorneys have many years experience in getting valuable settlements and awards for persons injured in many different types of injury causing events and accidents including bike accidents, car collisions, motorcycle injuries, big rig truck crashes, and train collisions.

The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

VIDEO: Safe Motorcycle Riding Tips

29 Jun
Watch this excellent Motorcycle “Behind the Handlebars” Safety Video by BlinkyCab on YouTube!
HOT TIPS FOR MOTORCYCLE RIDING SAFETY:
1.) DISTANCE
Always keep enough distance in front of your motorcycle and the vehicle in front of you.  It is also good to keep “Space Cushions” in the lanes to your left and right so as not to get boxed in by traffic.  Keep Safety Space around you and your bike at all times.
2.) LANE POSITION
Because a Motorcycle is smaller than a car, you have a choice of choosing between three (3) positions of your lane: left, center, and right.  Choose your safest lane position by paying close attention to traffic and your surrounding environment. Generally, It is best to avoid the center of the lane as it may be slick or slippery since that is where most vehicles leak fluids.
3.) BLIND SPOTS
Stay out of the Blind Spots of other drivers on the road.  Many vehicles have an area of the road that is difficult to see from the driver’s position.  These “Blind Spots” are usually about 45 degrees behind the driver’s left and right sides, and should be avoided by Motorcyclists.  Always make sure the other drivers on the road can see you!
4.) SHOULDER / MIRROR CHECK
Use the Shoulder and Mirror Check technique early and often to check your blind spots so that you can remain aware of vehicles driving close to you and your motorcycle. Make it a habit to check before changing lanes… EVERY TIME!
5.) SPEED
Every road has a speed limit.  Always obey the posted speed signs.  Drive Smart.  Drive Safe.  Arrive Alive!
6.) EXPECT THE UNEXPECTED
Don’t get comfortable with how other cars and trucks on the road might be driving.  Always Drive Defensively.  Protect yourself at all times by staying alert and safe!
7.) UNSAFE LOADS
Unsafe Loads: Be alert for pickup trucks and Big Rigs that may have loose loads and unsecured items. A ladder or a loose box could cause a very serious collision for a motorcycle or scooter.
The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoMotorcycleCrash.com and http://GoLaw.com.

MAY IS MOTORCYCLE SAFETY MONTH

30 Apr

As the weather is getting warmer, many people will be taking to the open road on their motorcycles.  Since the Month of May is Motorcycle Safety Awareness Month, your friends at GoLaw.com and MyMotorcycleCrash.com have put together a few Tips about how to stay safe out there on the road.

Whether you drive a Honda or a Harley, a street bike or a road bike (or a street legal dirt bike), it is always important to remain alert and drive defensively.  The Motorcycle Driving Safety page on the NHTSA website reminds motorists “to safely ‘share the road’ with motorcycles and to be extra alert to help keep motorcyclists safe. Motorcyclists are reminded to make themselves visible to other motorists… (and) to always ride smart and sober.

Motorcycle Fatality Statistics

A June 2014 study on Motorcycle Traffic Safety by the National Highway Traffic Safety Administration found that:

  • “In 2012, 4,957 motorcyclists were killed in motor vehicle traffic crashes—an increase of 7% from the 4,630 motorcyclists killed in 2011. There were 93,000 motorcyclists injured during 2012, a 15% increase from 81,000 in 2011.“
  • “In 2012, motorcyclists accounted for 15% of all traffic fatalities, 18% of all occupant (driver and passenger) fatalities, and 4% of all occupants injured. Of the 4,957 motorcyclists killed in traffic crashes, 93% (4,625) were riders and 7% (332) were passengers.”
  • “Motorcycles made up 3% of all registered vehicles in the United States in 2012 and accounted for only 0.7 percent of all vehicle miles traveled. Per vehicle mile traveled in 2012, motorcyclists were more than 26 times likely than passenger car occupants to die in motor vehicle traffic crashes and 5 times more likely to be injured.”
  • “Per registered vehicle, the fatality rate for motorcyclists in 2012 was 6 times the fatality rate for passenger car occupants. The injury rate for motorcyclists was about the same as the injury rate for passenger car occupants.”

Helmet Use and Effectiveness 

NHTSA estimates that helmets saved the lives of 1,699 motorcyclists in 2012. If all motorcyclists had worn helmets, an additional 781 lives could have been saved.

According to a May 6, 2014 article by the LA TIMES, the NHTSA found: “There were 10 times as many unhelmeted motorcyclist fatalities in states without universal helmet laws, compared to states with universal helmet laws, in 2012.”  Kendell Poole, GHSA chairman, added: “By far, helmets are the single most effective way to prevent serious injury and death in the event of a motorcycle crash.”

That’s good news since motorcycle deaths had been steadily rising for ten years between 1998-2008, according to a January 11, 2013 UT San Diego article. “California’s annual motorcycle death toll peaked at 560 in 2008”, perhaps because of the downturn in the economy, then began rising again in 2011.  “An official with the California Office of Traffic Safety reported that most fatal motorcycle accidents happen on the weekends when people often take to the open road for pleasure, rather than during weekday commutes.”

The Los Angeles Times article quotes “Dr. James Hedlund, a former National Highway Traffic Safety Administration official who authored the study: “More universal helmet laws, reduced alcohol impairment, better motorcycle rider training and licensing, and more driver awareness of motorcycles could all help to cut motorcycle rider deaths.”  According to Hedlund: “There is a mathematical correlation between helmet laws and rider deaths: ‘When helmet use goes down, rider fatalities go up,’ he said.”

“Driver education would also help”, Dr. James Hedlund said. “A high percentage of fatal motorcycle accidents occurred ‘when a car [driver], typically, doesn’t see the motorcyclist and turns left in front of the motorcycle’.”

The California Highway Patrol “also strongly encourages all motorcycle riders to sign up for the California Motorcyclist Safety Program, which is administered by the CHP as California’s official motorcycle safety and training program. The Program offers courses for new and experienced riders. Find out more about the California Motorcyclist Safety Program.”

California residents who find themselves injured in a motorcycle crash or who have lost a loved one in a motorcycle accident may wish to research their options for filing a personal injury or wrongful death lawsuit. A civil action may provide an accident victim the opportunity to pursue monetary damages in court that may help cover medical bills, lost income, funeral costs and other related expenses.

The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

WRONGFUL DEATH LAW IN CALIFORNIA

31 Mar

You may have heard the term “Wrongful Death”, but how much do you know about the State of California’s Laws regarding the negligent death of an Adult?  According to LegInfo.Ca.Gov, The Code of Civil Procedure Section 377.60 – 377.62 states that a Wrongful Death is defined as: A cause of action for the death of a person caused by the wrongful act or neglect of another”.  Basically, “Wrongful Death” allows a deceased accident victim’s family to seek damages and compensation under California Law.

The AccidentDataCenter.com’s article What Every Family Needs To Know About A Wrongful Death Case states: ”When someone is killed because of the carelessness or misconduct of another person, the surviving members of the victim’s family may bring a “wrongful death” lawsuit.  Wrongful death lawsuits can also be filed against Corporations and Governmental Agencies for their negligence… (and) may arise out of a number of situations, for example: Automobile Accident, Defective Product, or Medical Malpractice.”

WrongfulDeathCaseLaw.com’s Ultimate Guide Article asks: “COMPENSATION CANNOT BRING MY LOVED ONE BACK. WHY SHOULD I SEEK IT?”

While no amount of compensation can restore a lost life, and no award of damages can replace the love you received from a family member who died, Monetary Compensation — an award of money — is the method by which our civil justice system dispenses justice. If you are entitled to compensation, there are several reasons why you should seek it.

  • Replacing Financial Support of the lost loved one
  • Deterring future misconduct and negligent acts
  • Promoting product safety
  • Personal satisfaction / Closure

Compensation in a Wrongful Death Lawsuit may help to cure the Financial Loss of losing a loved one.  Medical and Funeral Expenses, Lost Prospect of Inheritance, and Loss of Support and Services are all weighed by the court to provide a “Fair and Just” compensation to the surviving family.  In some states, Punitive Damages may also be awarded in cases of serious or malicious wrongdoing to punish the defendant and deter others from repeating similar bad behavior.

The Statute of Limitations is the time limit for bringing a Wrongful Death Lawsuit and varies from state to state.  One state’s statute of limitations might only be one year, while another’s might be as long as three years, so it’s very important to Contact an Accident Injury Attorney in your state early to determine your legal rights.

The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of Northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

How Hitches Affect Rear End Collisions

28 Feb

It’s time for another one of our Driving Safety Tips from your friends at Golaw.com

Did you know that your vehicle’s Trailer Hitch has the ability to Increase the Risks of Injury to you and your occupants? The impact of a Rear End Vehicle Collision can cause painful injuries including soft tissue damage, and can be much worse on occupants if a trailer hitch is installed since it is attached directly to the frame.  Most modern vehicles are designed to protect their passengers from the impact energy of a Car Crash with “crumple zone” safety features.  However, when the hitch is inserted into the receiver so the “g forces” (Forces of Gravity increase the injuries) are transferred directly to the frame of the vehicle and the occupants bodies, there is the possibility for greater trauma since the impact could not be absorbed in the crush zones. For this same reason, it is typical to see the Property Damage be less severe with a lower cost to repair than it would have been had no hitch and ball been installed in the receiver.

As reported in the National Safety Commission Alert: “the most frequent vehicle accident (in the United States) is the rear end collision and “a vehicle equipped with a receiver hitch (tow bar) increases the risk of Whiplash by 22% if it is hit in the rear”.  According to the article: “A receiver hitch completely changes the crash dynamics.”

Continuing: “It has been shown that the occupants of the “target” vehicle will move forward at 2.5 times (or more) then that of the “bullet” vehicle. So a small 5 mph impact will send the occupants of the target vehicle flying forward at 12 – 13 mph – certainly enough force to hurt people. This change in acceleration or “Delta V” is what influences whiplash.”

Interesting Rear End Vehicle Collision facts:

  • Approximately 75% of all rear end collisions are less than 10 mph, and Low speed Rear End Collisions (less than 10 mph) accentuate the Whiplash more than High speed ones.
  • 94% of all rear end collisions occur on straight roads while 56% of all rear end crashes are straight on.
  • Only 14.2% of the people that hit you in the rear will miss your receiver hitch entirely.
  • 48% of the people that hit you in the rear – are not slowing down.
  • 80% of all rear end collisions are caused by driver inattention.
  • Women are twice as likely to end up with a Whiplash injury as Men.

The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

Follow Us on INSTAGRAM @MarkADoughty

31 Jan

Are you on INSTAGRAM? You can Follow the Law Offices of Mark A Doughty and http://GoLaw.com on Instagram at http://instagram.com/MarkADoughty

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If you or one of your family or friends are involved in a car accident, motorcycle wreck, slip and fall, or other injury producing event caused by the negligence of others, call the Law offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

Merry Christmas and Happy New Year 2015

31 Dec
We wish you and your family a Happy Holidays and a Safe and Blessed 2015!  See you online next year at GoLaw.com and our Social Channels…
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If you or a member of your family or friends are involved in an accident, car collision, or other injury producing event caused by the negligence of others, call the Law offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.