Articles Posted in Motorcycle Accidents

All motorcyclists fear the possibility of dropping your bike in a low-speed maneuver or at a stop-sign. Most motorcyclists will tell you keeping the bike upright when you’re traveling above 35 mph usually isn’t a problem (unless you are struck by another vehicle). It’s those low-speed maneuvers – including those conducted to avoid collisions – that can make a motorcyclist more prone to fall.motorcycle

Now, one vehicle manufacturer has come up with a solution that may help riders avoid this outcome. The bike is able to balance on its own during low-speed crawls or when completely stopped.

It works like this: When the system is engaged, it increases the fork angle, lengthening the wheelbase and disconnects the front forks from the handlebars. The system also uses small steering inputs to keep the bike in perfect balance – all without large gyroscopes or mass-shifting devices. Continue reading

A motorcycle accident in North Carolina left the operator with serious injuries. motorcycle

But one major problem with collecting compensation? The driver of the truck involved didn’t stop. What’s more, it wasn’t the truck that actually struck the motorcyclist, but instead debris falling from the truck. So when the plaintiff in this case before the North Carolina Court of Appeals sought compensation, his uninsured motorist coverage carrier denied the claim because the two vehicles didn’t actually make contact.

Unfortunately for the plaintiff, the appellate court sided with the defense in this matter.

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A motorcyclist who was critically injured in a construction zone crash recently received $18.5 million in a settlement against a state department of transportation, its contractor and a dump truck driver who was involved. motorcyclist

According to The Chronicle, the Washington State crash involved some facts that were “hotly disputed” by the parties. However, it seems in the end the motorcyclist made a strong case for both liability and damages even prior to trial, as the parties were willing to settle for this sizable sum before the case could even reach a jury. That suggests defendants recognized they could have lost even bigger at trial.

Motorcyclist, who must now use a motorized wheelchair, has suffered permanent and debilitating injuries.  Continue reading

A woman in Iowa who was injured in a drunk driving accident after an allegedly impaired driver crashed into a motorcycle on which she was a passenger is now suing the bar that served the drunk driver. bar sign

If you are unfamiliar, this type of case involves something called, “dram shop liability.” In essence, the idea is to hold purveyors of alcohol (i.e., restaurants, bars, clubs, etc.) liable when they negligently serve alcohol to patrons, who in turn get behind the wheel drunk and injure themselves or someone else. The term “dram” refers to a liquid measurement once used to serve alcohol.

Dram shop liability laws vary widely from state-to-state. Some states make it very difficult to bring such claims against an establishment, while others have rules that are more relaxed. In North Carolina, we fall somewhere in between. North Carolina General Statutes section 18B-121 limits claims against a permitted alcohol sales establishment only if that business negligently sold or furnished drinks to a minor under the age of 21. Even then, plaintiffs would need to show the consumption of the alcoholic beverage caused or contributed – in whole or in part – to the underage driver being impaired at the time of the injury and further that the injury was proximately caused by an under-aged driver’s negligent operation of the vehicle while so impaired.  Continue reading

In many types of personal injury claims – including car accidents – there may be grounds for a loss of consortium claim. This is a cause of action available to family members of a person injured or killed by the wrongful or negligent acts of someone else.sad

The question before the Mississippi Supreme Court in a recent motorcycle accident case was whether that loss of consortium claim could be claimed as a separate “per person limit” under an auto insurance policy. The that court reached answer: No.

The reason? It has to do with the fact that loss of consortium claims are reliant and contingent upon the injury or death of another. Unless the person claiming loss of consortium was also injured, he or she cannot claim a separate “per person limit.” Continue reading

The New Hampshire Supreme Court has affirmed the judgments of two lower courts in finding a plaintiff who was seriously injured and lost his wife to a drunk driver could not obtain damages from either:

  • The police agency whose employee arrested the defendant the night before for drunk driving; or
  • The tow truck company that released the defendant’s vehicle to him that morning, some two hours before the fatal crash.motorcycle

According to court records in Weaver v. Stewart, the plaintiff and his wife were riding their motorcycles at around noon one day in June 2010 when they were struck by a vehicle that had driven the wrong way into oncoming traffic. The plaintiff was seriously injured. His wife died. It was later determined the driver of the wrong-way car was intoxicated, as evidenced by the fact he exhibited signs of impairment and failed a field sobriety test. Investigating officers found illegally obtained Xanax in his back seat. Toxicology reports indicated numerous drugs – including Xanax – were in his blood system at the time of the collision.

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Hundreds of mourners gathered recently to honor the lives of a beloved Anderson pastor and his wife, who died 12 days apart following a motorcycle accident in Greenville during a, “Look Twice, Save a Life” motorcycle safety event last month.motorcycle5

May was motorcycle awareness month nationally, and it was off to a rocky start in the Carolinas, where numerous motorcycle crashes have been reported in both states the last several weeks. Summertime in particular is perilous for riders and operators, partially because of increased traffic congestion and also because drivers simply don’t see them.

Summer is also peak travel season for motorcyclists, and most are anxious to make the most of each mile. By far, the majority of motorcycle accidents occur in June, July and August. The top five days of the year with the highest number of motorcycle accidents nationally: All Saturdays, all in the summer. In fact, according to ClaimsJournal.com, there are 78 percent more motorcycle accident claims filed in July than in any other month. Continue reading

For many years, the classic rule was that spouses were not allowed to sue one another. This was known as “interspousal immunity.” This immunity would prohibit married couples from prevailing in a civil cause of action for damages against each other. motorcycle4

However, most states have abolished this principle because it was largely founded on the idea that a woman’s legal identity became one with her husband’s upon marriage – and people can’t sue themselves. But this thinking is no longer prevalent, and almost all states have abolished interspousal immunity.

Usually, in cases where spouses sue one another, it typically has to do with insurance claims. That is, a husband may be covered by one policy and the wife another. If one of them is negligent in causing a crash that injures the other, it may be necessary for the injured to file a lawsuit against the other in order to ensure medical bills are paid and other costs are covered. Continue reading

According to a recent news article from WBTV, a driver was arrested following a deadly motorcycle accident in Charlotte. Authorities say the accident involved a van, a passenger car, and a motorcycle, and it occurred around 6:30 p.m. in south Charlotte, North Carolina. The accident resulted one person being killed and several other victims suffering varying degrees of personal injury.

54505_motorcycle_01.jpgWitnesses say a Ford Edge was stopped in traffic when the 35-year-old driver of a Honda Odyssey was driving toward the city on South Boulevard. The Odyssey was unable to stop in time to avoid hitting the Edge, so he rear-ended the stopped vehicle. When alleged at-fault driver hit the Ford from behind, it caused the car to spin out of control and cross the center line of the highway and enter the lanes of oncoming traffic.

At this point, a motorcycle driven by a 37-year-old man hit the Ford head-on and then deflected into the Odyssey and hit that vehicle head on. First responders arrived at scene shortly after the multi-vehicle accident and provided immediate medical attention to the motorcycle rider before transporting him to a level-one trauma center in Charlotte, but his injures were too severe, and emergency room doctors pronounced him dead shortly after the ambulance arrived.
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When a tragic motorcycle accident claimed the life of the operator’s wife, who was a passenger on the bike, her daughter sued a grading business nearby for failing to place advance warning signs of danger.
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The firm was contracted with the property owner to routinely haul debris from the site to a nearby landfill using a 73,000 pound piece of equipment known as a “pan.” In order to get from one site to another, it had to cross a public road. The pan operator was reportedly moving at an unbroken rate of 30 mph while 20 feet away from the intersection the motorcyclist was approaching.

In the seconds before the crash, the wife had tapped her husband on the shoulder to alert him to a possible hazard. The dust kicked up by the pan was thick, and it was traveling at a fairly fast pace toward the intersection.
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