MOTORCYCLE ACCIDENTS Most motorcycle riders are extremely careful and take every possible safety precaution. Many attend motorcycle training courses, most travel at or under the speed limit, obey all the traffic signals and keep a safe distance from other motor vehicles. Still there are accidents. According to the National Highway Safety Administration there were 5290 motorcycle fatalities in 2008 and over 96,000 serious injuries. In Nevada there were 40 motorcycle fatalities in 2009. In terms of miles traveled, motorcyclists face 27 times the chance of serious injury or death than regular drivers. In spite of the increased dangers of motorcycling riding, motorcycle use is on an increase. With soaring fuel prices, and commuting on the rise, motorcycles are becoming a practical choice for many people in Las Vegas and around the state. One reason for this increase is due to the change in policy in federal oversight of the state helmet laws. In 1989, the federal government started to withhold as much as 3 per cent of federal highway funding to states that didn’t enforce adequate helmet laws. In 1995, many of these conditions were repealed, and states subsequently began to loosen helmet law enforcement. Today, only 20 states require helmet use for all riders. Not surprising, Nevada is not one of those states. In Nevada the motorcycle rider has the freedom of riding his bike without a helmet. Because there are more motorcycle riders on the Nevada roads, and few of them wearing helmets, there are more accidents, more serious head injuries, more fatalities. The NHTSA reports that motorcycle fatalities increased every year between 1997 and 2006. They also found that in 2006 motorcycle fatalities were more common than pedestrian fatalities for the first time since the agency began collecting data in 1975. Motorcycles make up only 2 percent of the total registered vehicles in the country, but they are involved in 11 percent of the total number of vehicle fatalities. As of 2005, the NHTSA reported that, given an equal amount of miles traveled, a motorcyclist was 34 times more likely to die in a motor vehicle accident than a car occupant. If you or a loved one is a motorcyclist, you have probably had experiences that demonstrate the truth of these statistics. When a car or truck bears down upon a motorcycle, the consequences for the rider of the motorcycle are likely to be severe injury, permanent disability, or death. Even under the luckiest of circumstances the motorcycle crash will result in a damaged motorcycle and a large property damage claim. Many of these accidents are the clear fault of other drivers. In Nevada drivers of cars, trucks, and other vehicles often fail to take simple, easy precautions to avoid accidents and save lives. In Nevada the most common circumstances of motorcycle accidents involve: Ø Car driver failure to yield right of way to a motorcycle Ø Sideswiping due to evasive maneuvers undertaken by a car or truck driver Ø Motorcycles being rear ended Ø Motorcycles being run off the road Ø Motorcycles or other vehicles running through traffic signals Ø Head on collisions Ø Gravel, sand, or water creating a hazardous road surface Ø Cars that T-bone Motorcycles Ø Motorcycles that lose balance, tip over and skid across the road Less than 7 percent of motorcycles accidents occur without the involvement of another vehicle. When there is an accident with a car or truck the motorcyclist who survives usually suffers serious injuries. Many riders will require hospitalization, surgery, long term medical treatment, and many victims never completely recover. Some never regain the ability to resume their normal lives or return to work. Even when the victim does make a moderately good recovery, the crash still has an affect. The victim may lose time and income from work, need help with daily living or have to live with persistent pain and suffering. Unfortunately, motorcycle cases are different than other types of motor vehicle accidents cases. Unfortunately, some people have misperceptions regarding motorcycles and their riders. They buy into the image of the motorcyclist as a “free spirit”, “daredevil” or “criminal”! Regrettably, some people are fearful of “Choppers” or frightened by “Rice Rockets” that zoom past them. This misconception often leads jurors to assume injured motorcyclists must have been doing something wrong to get hit in the first place. As motorcycle riders ourselves we have first hand experience with these mythical misconceptions and the belligerence towards riders; and promptly dispel any myths about riders. We show the riders as fathers, sons and brothers; we show the riders as constructive members of society. At Shook & Stone we support the rights of motorcyclists to share our roads. We vigorously work for injured motorcyclists and their families when those rights have been violated by unsafe or negligence drivers. At Shook and Stone we consult accident reconstructionists, medical experts and eye witnesses. We go the extra mile and uncover facts ordinary people miss. We will investigate whether the accident was caused by a drunk driver, defective equipment, or negligence on the part of a road construction crew. We will investigate whether the driver of a car forced the motorcycle off the road or failed to yield right of way. If we find evidence of negligence on the part of another person we will file a personal injury claim in addition to your motor vehicle insurance claim. At Shook and Stone we also know it is the goal of every insurance company to pay as little as possible in benefits, even your own insurance company. Their interests conflict with yours. If you or a family member is involved in a motorcycle accident you must consult an experienced motorcycle accident lawyer immediately; before you speak to any insurance company.
As an accident victim you have rights, and Shook and Stone’s aim is to protect those rights. Most motorcycle accidents involve complicated legal issues. Anyone involved in a motorcycle accident will have attorneys working to protect their interests. They will all try to prevent you from getting the compensation you deserve. If you or someone you love was badly injured in a Nevada motorcycle accident, you must contact Shook and Stone. We are an experienced motorcycle accident law firm. Please, fill out a short legal consultation form. It is free. It is confidential. Fight for your legal rights. Get "The Benefits of the Shook & Stone Excellence!" |
