The Fourth of July is a major cause for celebration in the United States of America. Unfortunately, festive holidays can also turn into days of tragedy for some. The increase in traffic combined with hurried, distracted drivers can often create disastrous results. Adding alcohol into the mix, which is a common feature of holiday celebrations, can cause these situations to turn deadly.
This recent July 4th weekend saw hundreds of accidents on the roads, resulting in dozens of fatalities. Speed and alcohol were contributing factors in a majority of accidents, and the lack of seatbelts was present in many of the fatalities.
Massachusetts saw eight dead over the weekend in multiple single-car incidents and one four-car collision. In one single-car accident, three out of four occupants of the vehicle perished. None of the riders were wearing seat belts. In Connecticut, the nation’s third smallest state, there were over 160 accidents over the holiday weekend. Police were out in full force attempting to stop unsafe driving before any catastrophic results, and police there issued over 2,300 speeding tickets, more than 350 tickets for not wearing seat belts, and made 46 DUI arrests. Six people died on New Jersey roadways during the weekend, and one person died on the open roads of Kansas. In Los Angeles, police made nearly 100 DUI arrests in the first twelve hours of the public holiday. These scenes were repeated across the country in nearly every jurisdiction.
Even when not compounded by a national holiday, summertime driving leads to crowded and dangerous conditions. Higher temperatures lead to increased probability of tire failures and other mechanical breakdowns. Popular vacation spots lead to crowded streets and highways, especially in the evening, when everyone is tired and trying to get home at once. The addition of alcohol to summertime celebrating always increases dangers on the road.
Please be alert to the dangers posed and stay safe, whether you are vacationing yourself or merely encountering increased traffic congestion and unsafe driving on your daily commute. While not all factors which contribute to accidents are within your control, you can greatly increase your personal safety with alert and defensive driving.
The tragedy of a holiday celebration cut short by a serious accident is keenly felt by victims and their families. If you or a loved one has been involved in a serious automobile accident, consult an experienced personal injury attorney. You may also contact me for immediate aid and support.
Thursday, July 9, 2009
Friday, May 8, 2009
Tour Bus Crashes Result in Injuries, Deaths
Recently, there have been several devastating crashes involving tour buses. On May 2, 2009, around 5 p.m., a tour bus crashed into a freeway divider on Interstate 215, near Nuevo Road in Perris, which is approximately 60 miles southeast of Los Angeles, in Riverside County. Twenty-eight passengers were on board—eight passengers were critically injured and taken to hospitals, and 20 other passengers were treated for moderate injuries.
The northbound lanes of the freeway had to be shut down as the police and firefighters rushed to the scene. Six trapped passengers had to be extricated by emergency responders from the back of the bus. Authorities are currently investigating the cause of the crash.
Bus Crash Near Soledad, California
On April 28, 2009, around 3 p.m., a tour bus crashed into a guardrail. The crash caused the bus to flip and roll over on a U.S. 101 overpass near Soledad, located in Central California. The bus was carrying French and Canadian tourists who had just spent the day sightseeing on the Monterey Peninsula.
At least 40 people were injured, and five people were killed, including the bus driver, John Egnew. The freeway remained closed for two hours as helicopters and ambulances transported the injured victims to local hospitals.
Orion Pacific Tour Bus Company, located in Orange County, California, owned the bus. According to the Federal Department of Transportation, the company had a "satisfactory" safety rating and had no crashes in the past two years. However, according to the Los Angeles Times, in 2005, a woman was injured when she was crossing the street when a bus, driven by Egnew, hit her and rolled on top of her.
Common Causes of Bus Accidents
There are a variety of causes for bus accidents. Below are some common causes, which can occur independently of each other or in combination:
• Driver Fatigue
• Untrained or inexperienced driver
• Driver who has a history of driving recklessly
• Driver who is under the influence or alcohol or drugs
• Driving in excess of the speed limit
• Driving aggressively
• Oversized or overloaded bus
• Poorly maintained bus, such as poor brakes
Bus Accident Statistics
Bus accidents can be fatal, resulting in many serious deaths and injuries. According to the U.S. Department of Transportation Federal Motor Carrier Safety Administration, more than 13,000 buses were involved in crashes nationally in 2007. Of these crashes, about 6,953 of them involved injuries. In California, approximately 1,332 buses were involved in accidents in the year 2007.
California Assembly Bill 636
In March of 2009, Assembly Bill (AB) 636, sponsored by the California Bus Association, was introduced to reduce the occurrence of dangerous crashes involving charter buses. AB 636 would permanently revoke the bus driver's license if the driver lacked the appropriate licensing. Additionally, if the bus company hired a bus driver knowing the driver lacked the proper licensing, then the bus company would lose the authority to operate in the State of California.
If you or someone you know was a passenger and injured in a bus collision, seek experienced, professional legal counsel right away to protect your rights and obtain the just compensation you deserve. Contact the Law Offices of James R. Gillen today for a consultation or information.
The northbound lanes of the freeway had to be shut down as the police and firefighters rushed to the scene. Six trapped passengers had to be extricated by emergency responders from the back of the bus. Authorities are currently investigating the cause of the crash.
Bus Crash Near Soledad, California
On April 28, 2009, around 3 p.m., a tour bus crashed into a guardrail. The crash caused the bus to flip and roll over on a U.S. 101 overpass near Soledad, located in Central California. The bus was carrying French and Canadian tourists who had just spent the day sightseeing on the Monterey Peninsula.
At least 40 people were injured, and five people were killed, including the bus driver, John Egnew. The freeway remained closed for two hours as helicopters and ambulances transported the injured victims to local hospitals.
Orion Pacific Tour Bus Company, located in Orange County, California, owned the bus. According to the Federal Department of Transportation, the company had a "satisfactory" safety rating and had no crashes in the past two years. However, according to the Los Angeles Times, in 2005, a woman was injured when she was crossing the street when a bus, driven by Egnew, hit her and rolled on top of her.
Common Causes of Bus Accidents
There are a variety of causes for bus accidents. Below are some common causes, which can occur independently of each other or in combination:
• Driver Fatigue
• Untrained or inexperienced driver
• Driver who has a history of driving recklessly
• Driver who is under the influence or alcohol or drugs
• Driving in excess of the speed limit
• Driving aggressively
• Oversized or overloaded bus
• Poorly maintained bus, such as poor brakes
Bus Accident Statistics
Bus accidents can be fatal, resulting in many serious deaths and injuries. According to the U.S. Department of Transportation Federal Motor Carrier Safety Administration, more than 13,000 buses were involved in crashes nationally in 2007. Of these crashes, about 6,953 of them involved injuries. In California, approximately 1,332 buses were involved in accidents in the year 2007.
California Assembly Bill 636
In March of 2009, Assembly Bill (AB) 636, sponsored by the California Bus Association, was introduced to reduce the occurrence of dangerous crashes involving charter buses. AB 636 would permanently revoke the bus driver's license if the driver lacked the appropriate licensing. Additionally, if the bus company hired a bus driver knowing the driver lacked the proper licensing, then the bus company would lose the authority to operate in the State of California.
If you or someone you know was a passenger and injured in a bus collision, seek experienced, professional legal counsel right away to protect your rights and obtain the just compensation you deserve. Contact the Law Offices of James R. Gillen today for a consultation or information.
Wednesday, April 8, 2009
Bus Accident Injures Two Dozen, One Fatality
On Saturday, April 4, 2009, about 25 employees of a Squaw Valley ski resort, located approximately 96 miles from Sacramento, boarded a 1995 Euro Bus, which the resort provided as transportation for its employees to get to work from home. However, the ride ended tragically. The bus ended up leaving Interstate 80, drove through a guardrail, and rolled over.
The bus had no seat belts, and left about 24 people injured and one person dead. Of the 24 people who were injured, one passenger was in critical condition and 10 were hospitalized. The injuries ranged from broken wrists and ribs to internal injuries and head trauma. Some of the victims were too traumatized by the experience to speak to reporters about the incident. The employees were part of the kitchen and housekeeping staff of the resort.
Although California requires some school buses to have seat belts, state and federal laws do not require seat belts for commercial buses. According to the National Highway Traffic Safety Administration, studies have shown that seat belts provide greater safety for automobiles than for buses.
In this particular case, even though the California Highway Patrol (CHP) does not know the cause of the accident, the CHP suspects that driver fatigue might have led to the tragedy. According to the CHP, the driver, who survived the crash with severe head injuries, might have fallen asleep behind the wheel or had a medical emergency.
Bus Crash Statistics
Bus accidents are extremely dangerous, particularly when the bus rolls over and there are no seat belts. People can be thrown out of their seats and flung against the windows. According to the Federal Motor Carrier Safety Administration, in 2007, there were 1,332 bus crashes, including fatal and non-fatal crashes in California alone. Nationwide, there were a total of 13,195 bus fatalities and non-fatal crashes. Nationally, there were 322 bus crash fatalities, and 15,888 were injured due to bus accidents.
Causes of Bus Accidents
Under tort law, bus drivers and bus companies owe a duty of care to their passengers. Because buses carry several people at a time, bus drivers and their employers owe a higher standard of care to passengers. Often times, bus accidents are caused due to the negligence of the company or the bus driver. In particular, the following are the frequent causes for bus accidents:
The bus had no seat belts, and left about 24 people injured and one person dead. Of the 24 people who were injured, one passenger was in critical condition and 10 were hospitalized. The injuries ranged from broken wrists and ribs to internal injuries and head trauma. Some of the victims were too traumatized by the experience to speak to reporters about the incident. The employees were part of the kitchen and housekeeping staff of the resort.
Although California requires some school buses to have seat belts, state and federal laws do not require seat belts for commercial buses. According to the National Highway Traffic Safety Administration, studies have shown that seat belts provide greater safety for automobiles than for buses.
In this particular case, even though the California Highway Patrol (CHP) does not know the cause of the accident, the CHP suspects that driver fatigue might have led to the tragedy. According to the CHP, the driver, who survived the crash with severe head injuries, might have fallen asleep behind the wheel or had a medical emergency.
Bus Crash Statistics
Bus accidents are extremely dangerous, particularly when the bus rolls over and there are no seat belts. People can be thrown out of their seats and flung against the windows. According to the Federal Motor Carrier Safety Administration, in 2007, there were 1,332 bus crashes, including fatal and non-fatal crashes in California alone. Nationwide, there were a total of 13,195 bus fatalities and non-fatal crashes. Nationally, there were 322 bus crash fatalities, and 15,888 were injured due to bus accidents.
Causes of Bus Accidents
Under tort law, bus drivers and bus companies owe a duty of care to their passengers. Because buses carry several people at a time, bus drivers and their employers owe a higher standard of care to passengers. Often times, bus accidents are caused due to the negligence of the company or the bus driver. In particular, the following are the frequent causes for bus accidents:
- Bus driver is fatigued and not well-rested for the drive
- Company fails to check the bus is operating properly, for instance failing to check the brakes
- Bus is overloaded with too many passengers or too much luggage
- Bus makes a sudden stop, forcing another car to collide into the bus
Tragedies like the one in Squaw Valley are avoidable. So long as the buses are properly maintained, drivers receive adequate rest and training, and bus drivers follow safety rules, bus crashes can be prevented. However, if there is a bus accident, victims should know that they can be compensated for their injuries.
If you or someone you know was a passenger and injured in a bus collision, seek professional legal counsel right away to protect your rights and obtain the just compensation you deserve. For more information or assistance, contact me today.
Monday, March 9, 2009
Lawsuits Continue in September, 2008 Metrolink Crash
In the wake of the September, 2008 Metrolink Crash in Chatsworth, California, where 20 people died and over 100 were injured, lawsuits continue to be filed. Defendants include the Southern California Regional Rail Authority, which operates Metrolink, its parent company, and two subcontractors, Veolia Transportation and its subsidiary Connex Railroad. Five plaintiffs filed lawsuits on January 13 in Los Angeles Superior Court, and other cases have been filed in the months following the accident.
A surprising revelation revealed in the complaints from this new wave of lawsuits is that Connex Railroad, the company under contract to provide the Metrolink engineers, may have known about the engineer Robert Sanchez’s propensity to use his cell phone and send text messages while driving. Allegedly, one of the engineer’s coworkers told his supervisors that he had seen Sanchez sending text messages multiple times – including an incident weeks before the accident, and another complaint just hours before the tragic accident. Other reports suggest that Sanchez may have been caught with a cell phone that was turned on in his bag during a field test. It is against company policy for train engineers to have their phones turned on while operating the trains.
These allegations are significant, because if it can be proved that the company knew about Sanchez’s previous text messaging activity, Connex Railroad and its parent company Veolia Transportation might be liable for negligent entrustment, as well as standard vicarious liability for Sanchez’s negligence.
Metrolink Case May Test Federal Train Crash Damages Cap
Currently, Federal law imposes a $200 million overall cap on damages that can be awarded from a single train accident. Because of the extent of the damage in this crash and the fact that the crash appears to have been caused solely by a negligent act, it is possible that the lawsuits that arise from this accident will push the boundaries of this limit. This means that the results of these Metrolink lawsuits could challenge the Constitutionality of limiting overall damages and it could change the way train accident litigation proceeds.
Thank you for reading my blog; I hope you found this information helpful. If you have a question or comment, please feel free to post it here, but remember that your response will not be confidential. If you or a loved one has been involved in a train accident, consult an experienced personal injury attorney. Contact me for immediate help and assistance.
A surprising revelation revealed in the complaints from this new wave of lawsuits is that Connex Railroad, the company under contract to provide the Metrolink engineers, may have known about the engineer Robert Sanchez’s propensity to use his cell phone and send text messages while driving. Allegedly, one of the engineer’s coworkers told his supervisors that he had seen Sanchez sending text messages multiple times – including an incident weeks before the accident, and another complaint just hours before the tragic accident. Other reports suggest that Sanchez may have been caught with a cell phone that was turned on in his bag during a field test. It is against company policy for train engineers to have their phones turned on while operating the trains.
These allegations are significant, because if it can be proved that the company knew about Sanchez’s previous text messaging activity, Connex Railroad and its parent company Veolia Transportation might be liable for negligent entrustment, as well as standard vicarious liability for Sanchez’s negligence.
Metrolink Case May Test Federal Train Crash Damages Cap
Currently, Federal law imposes a $200 million overall cap on damages that can be awarded from a single train accident. Because of the extent of the damage in this crash and the fact that the crash appears to have been caused solely by a negligent act, it is possible that the lawsuits that arise from this accident will push the boundaries of this limit. This means that the results of these Metrolink lawsuits could challenge the Constitutionality of limiting overall damages and it could change the way train accident litigation proceeds.
Thank you for reading my blog; I hope you found this information helpful. If you have a question or comment, please feel free to post it here, but remember that your response will not be confidential. If you or a loved one has been involved in a train accident, consult an experienced personal injury attorney. Contact me for immediate help and assistance.
Wednesday, December 3, 2008
The Federal Motor Carrier Safety Administration Takes Steps to Improve Bus and Truck Safety
Accidents involving buses and large trucks are extremely dangerous. Because of the size difference between a bus or truck and an automobile, the chances of serious injury or death are much greater. Both truck and bus accidents are on the rise in the United States, and they are often caused by the truck or bus driver.
Federal Motor Carrier Safety Administration’s New Commercial Drivers License Rules
In an effort to make the roads safer, the Federal Motor Carrier Safety Administration (FMCSA) has streamlined the Commercial Drivers License (CDL) to include the driver’s medical examination records. This came in response to repeated warnings from Congress, the first of which occurred in 2001 after a tragic motor coach accident where 22 people died because the driver, though legally licensed, had serious heart and kidney conditions. Driver illnesses such as heart attacks, strokes, seizures, and spells of unconsciousness have caused thousands of accidents in the United States.
Under FMCSA’s new rules, states will have three years to create one electronic database that will include both drivers’ CDLs and their medical examination records into one record. This will make it easier to ensure that drivers are healthy enough to operate a commercial vehicle, especially considering that many employers do not even report their drivers’ conditions to the authorities.
Highlighting the problem even further, Congress’s General Accountability Office found that hundreds of thousands of truck and bus drivers are licensed and operating vehicles even though they have received federal disability payments for medical conditions. A separate House of Representatives Transportation and Infrastructure Committee study found that it is shockingly easy to fabricate medical records and that drivers have no incentive to obtain proper records because there is little risk of getting caught.
Federal Motor Carrier Safety Administration’s New Medical Examiner Rules
In addition to the streamlining of license and medical records, the FMCSA also approved a new rule that would create a National Registry of Certified Medical Examiners. This would help ensure that only qualified medical practitioners perform CDL holders’ physical qualification examinations and that they are administered uniformly and consistently. This plan would also create certification standards and a training and testing program. Under this program, an examiner would also have to electronically transmit the name and identification number for each examined driver. Examiners who fail to follow the program and meet the standards would be removed from the registry.
The goal of both of these changes is to help ensure that only drivers who are healthy enough to drive safely are on the road. Thank you for reading my blog; I hope you found this information helpful. If you have a question or comment, please feel free to post it here, but keep in mind your response will not be confidential. If you or a loved one has been involved in a truck or bus accident, seek experienced legal representation. Contact me for immediate help and assistance.
Federal Motor Carrier Safety Administration’s New Commercial Drivers License Rules
In an effort to make the roads safer, the Federal Motor Carrier Safety Administration (FMCSA) has streamlined the Commercial Drivers License (CDL) to include the driver’s medical examination records. This came in response to repeated warnings from Congress, the first of which occurred in 2001 after a tragic motor coach accident where 22 people died because the driver, though legally licensed, had serious heart and kidney conditions. Driver illnesses such as heart attacks, strokes, seizures, and spells of unconsciousness have caused thousands of accidents in the United States.
Under FMCSA’s new rules, states will have three years to create one electronic database that will include both drivers’ CDLs and their medical examination records into one record. This will make it easier to ensure that drivers are healthy enough to operate a commercial vehicle, especially considering that many employers do not even report their drivers’ conditions to the authorities.
Highlighting the problem even further, Congress’s General Accountability Office found that hundreds of thousands of truck and bus drivers are licensed and operating vehicles even though they have received federal disability payments for medical conditions. A separate House of Representatives Transportation and Infrastructure Committee study found that it is shockingly easy to fabricate medical records and that drivers have no incentive to obtain proper records because there is little risk of getting caught.
Federal Motor Carrier Safety Administration’s New Medical Examiner Rules
In addition to the streamlining of license and medical records, the FMCSA also approved a new rule that would create a National Registry of Certified Medical Examiners. This would help ensure that only qualified medical practitioners perform CDL holders’ physical qualification examinations and that they are administered uniformly and consistently. This plan would also create certification standards and a training and testing program. Under this program, an examiner would also have to electronically transmit the name and identification number for each examined driver. Examiners who fail to follow the program and meet the standards would be removed from the registry.
The goal of both of these changes is to help ensure that only drivers who are healthy enough to drive safely are on the road. Thank you for reading my blog; I hope you found this information helpful. If you have a question or comment, please feel free to post it here, but keep in mind your response will not be confidential. If you or a loved one has been involved in a truck or bus accident, seek experienced legal representation. Contact me for immediate help and assistance.
Wednesday, November 12, 2008
Studies Highlight the Importance of Wearing Motorcycle Helmets
Two recent reports from the National Transportation Safety Board (NTSB) (http://www.ntsb.gov/alerts/SA_012.pdf) and the National Highway Traffic Safety Administration (NHTSA) (http://www-nrd.nhtsa.dot.gov/Pubs/811049.PDF) highlight how important it is for motorcyclists to wear helmets and how it can help save lives. While the number of motorcyclists over the past few years has increased, fewer motorcyclists have died in motorcycle accidents, primarily because more motorcycle riders are wearing helmets.
Wearing Helmets Saves Lives and Reduces Injuries
In its November, 2008 report “Lives Saved in 2007 by Restraint Use and Minimum Drinking Age Laws,” the NHTSA reports that in 2003, motorcycle helmets saved 1,173 lives, and that number rose over 50 percent to 1,784 lives saved in 2007. In California alone, 266 lives were saved in 2007 because the motorcyclists were wearing helmets, and the NHTSA estimates that another 26 lives would have been saved had 100 percent of motorcyclists been wearing helmets. Therefore, even in a state such as California, which has a mandatory helmet law, lives are still being lost because some people ride their motorcycles without a helmet. Overall, the NHTSA estimates that another 800 lives could have been saved nationwide in 2007 if every motorcyclist had been wearing a helmet.
A September, 2008 NTSB Safety Alert discussing the recent rise in motorcycle deaths and injuries presented some sobering facts: between 1997 and 2007, the number of deaths from motorcycle accidents more than doubled, from 2,116 in 1997 to 5,154 in 2007. Between 2006 and 2007 alone, the number increased 6.6 percent. For injuries, the number increased a staggering 17 percent, from 88,000 in 2006 to 103,000 in 2007. The alert also confirms that head injuries are a leading cause of death in motorcycle accidents and that wearing a helmet can reduce the overall likelihood of death in an accident by up to 37 percent. Moreover, unhelmeted motorcyclists who are in an accident are three times more likely to sustain a brain injury than if they had worn a helmet.
Economic Benefits of Motorcyclists Wearing Helmets
In addition to saving lives and minimizing injuries, universal helmet use can also help save money. According to the NTSB alert, although only 36 percent of motorcycle accidents involved unhelmeted motorcyclists, they accounted for 70 percent of the total cost – or $12.2 billion – of all motorcycle accidents. Moreover, because of the severity of the injuries unhelmeted riders are more likely to sustain, the NTSB estimates that average cost of a motorcycle accident involving an unhelmeted rider is $310,000, or more than four times the average cost of an accident involving a helmeted rider.
All of this data means, of course, is that every motorcyclist should wear a helmet all the time. However, although California is one of the states that require motorcyclists to wear DOT-approved helmets, if you get into an accident and were not wearing a helmet, you might still be able to recover for medical expenses if the accident was not your fault. However, if wearing a helmet could have prevented or minimized your injuries, the amount of your recovery might be affected.
Thank you for reading my blog; I hope you found this information helpful. If you have a question or comment, please feel free to post it here, but keep in mind your response will not be confidential. If you have been injured or if a loved one has died in a motorcycle accident, seek experienced legal representation. Contact me for immediate help and assistance.
Wearing Helmets Saves Lives and Reduces Injuries
In its November, 2008 report “Lives Saved in 2007 by Restraint Use and Minimum Drinking Age Laws,” the NHTSA reports that in 2003, motorcycle helmets saved 1,173 lives, and that number rose over 50 percent to 1,784 lives saved in 2007. In California alone, 266 lives were saved in 2007 because the motorcyclists were wearing helmets, and the NHTSA estimates that another 26 lives would have been saved had 100 percent of motorcyclists been wearing helmets. Therefore, even in a state such as California, which has a mandatory helmet law, lives are still being lost because some people ride their motorcycles without a helmet. Overall, the NHTSA estimates that another 800 lives could have been saved nationwide in 2007 if every motorcyclist had been wearing a helmet.
A September, 2008 NTSB Safety Alert discussing the recent rise in motorcycle deaths and injuries presented some sobering facts: between 1997 and 2007, the number of deaths from motorcycle accidents more than doubled, from 2,116 in 1997 to 5,154 in 2007. Between 2006 and 2007 alone, the number increased 6.6 percent. For injuries, the number increased a staggering 17 percent, from 88,000 in 2006 to 103,000 in 2007. The alert also confirms that head injuries are a leading cause of death in motorcycle accidents and that wearing a helmet can reduce the overall likelihood of death in an accident by up to 37 percent. Moreover, unhelmeted motorcyclists who are in an accident are three times more likely to sustain a brain injury than if they had worn a helmet.
Economic Benefits of Motorcyclists Wearing Helmets
In addition to saving lives and minimizing injuries, universal helmet use can also help save money. According to the NTSB alert, although only 36 percent of motorcycle accidents involved unhelmeted motorcyclists, they accounted for 70 percent of the total cost – or $12.2 billion – of all motorcycle accidents. Moreover, because of the severity of the injuries unhelmeted riders are more likely to sustain, the NTSB estimates that average cost of a motorcycle accident involving an unhelmeted rider is $310,000, or more than four times the average cost of an accident involving a helmeted rider.
All of this data means, of course, is that every motorcyclist should wear a helmet all the time. However, although California is one of the states that require motorcyclists to wear DOT-approved helmets, if you get into an accident and were not wearing a helmet, you might still be able to recover for medical expenses if the accident was not your fault. However, if wearing a helmet could have prevented or minimized your injuries, the amount of your recovery might be affected.
Thank you for reading my blog; I hope you found this information helpful. If you have a question or comment, please feel free to post it here, but keep in mind your response will not be confidential. If you have been injured or if a loved one has died in a motorcycle accident, seek experienced legal representation. Contact me for immediate help and assistance.
Wednesday, October 15, 2008
What You Should Know If You're Involved In a Motorcycle Accident
Find an Experienced Motorcycle Attorney
Motorcycle accidents are different from car accidents. Motorcycle accidents generally result in greater injuries and longer rehabilitation periods. An experienced motorcycle accident attorney is familiar with the common causes of motorcycle accidents, the types of injuries sustained and how to document injuries and damages. An experienced motorcycle accident attorney knows how to evaluate and present your case for maximum recovery.
Don’t Discard Evidence
You will want to keep photos of the damage to your bike as evidence. Don’t discard any parts of the bike that could be valuable evidence as to the cause of the accident. In some cases, the entire bike should be preserved as evidence.
Getting Your Bike Repaired or Replaced
Be forewarned that insurance companies rarely settle claims involving motorcycle accidents quickly, largely because insurance companies are used to valuing autos, but have less of an understanding of the value of a motorcycle, especially if the motorcycle is customized. Processing times of six weeks to three months or more are not unusual. In order to maximize reimbursement, you may need to provide some supporting documentation showing the value of your bike by getting written opinions as to the bike’s value from motorcycle dealers or people within the custom motorcycle industry, or presenting the insurance company with advertisements for the sale of similarly equipped bikes.
Keep in mind that if your bike is totaled, you are entitled to the loss of title and tax when replacing your bike. You may also be entitled to compensation for motorcycle rental expenses.
Dealing with an insurance company can be complicated. An experienced motorcycle injury attorney can help you negotiate with the insurance company to resolve your claim quickly and for full value.
You May Need to File a Report with DMV
If you are involved in a motorcycle accident, you should know that California law requires you to take certain action. The financial responsibility sections of the California Vehicle Code applies to two-wheel vehicle owners and operators. If you are operating a motorcycle that causes more than $750 in property damage to one person (including yourself), or which causes injury to anyone (including you), no matter how slight the injury, you must report the accident to the DMV. The CHP or police will not notify the DMV on your behalf. You (or your insurance agent, broker, attorney or other legal agent) must make the report.
When and How to File a Report
The report must be filed with the DMV within ten (10) days of the accident, and must be filed on a DMV form called Report of Traffic Accident Occurring in California (SR1). The form is available at any DMV or CHP office, or you can download it off of the California DMV’s website. Your attorney can also assist you with filing the report and will advise you of any other legal action you must take.
Motorcycle accidents are different from car accidents. Motorcycle accidents generally result in greater injuries and longer rehabilitation periods. An experienced motorcycle accident attorney is familiar with the common causes of motorcycle accidents, the types of injuries sustained and how to document injuries and damages. An experienced motorcycle accident attorney knows how to evaluate and present your case for maximum recovery.
Don’t Discard Evidence
You will want to keep photos of the damage to your bike as evidence. Don’t discard any parts of the bike that could be valuable evidence as to the cause of the accident. In some cases, the entire bike should be preserved as evidence.
Getting Your Bike Repaired or Replaced
Be forewarned that insurance companies rarely settle claims involving motorcycle accidents quickly, largely because insurance companies are used to valuing autos, but have less of an understanding of the value of a motorcycle, especially if the motorcycle is customized. Processing times of six weeks to three months or more are not unusual. In order to maximize reimbursement, you may need to provide some supporting documentation showing the value of your bike by getting written opinions as to the bike’s value from motorcycle dealers or people within the custom motorcycle industry, or presenting the insurance company with advertisements for the sale of similarly equipped bikes.
Keep in mind that if your bike is totaled, you are entitled to the loss of title and tax when replacing your bike. You may also be entitled to compensation for motorcycle rental expenses.
Dealing with an insurance company can be complicated. An experienced motorcycle injury attorney can help you negotiate with the insurance company to resolve your claim quickly and for full value.
You May Need to File a Report with DMV
If you are involved in a motorcycle accident, you should know that California law requires you to take certain action. The financial responsibility sections of the California Vehicle Code applies to two-wheel vehicle owners and operators. If you are operating a motorcycle that causes more than $750 in property damage to one person (including yourself), or which causes injury to anyone (including you), no matter how slight the injury, you must report the accident to the DMV. The CHP or police will not notify the DMV on your behalf. You (or your insurance agent, broker, attorney or other legal agent) must make the report.
When and How to File a Report
The report must be filed with the DMV within ten (10) days of the accident, and must be filed on a DMV form called Report of Traffic Accident Occurring in California (SR1). The form is available at any DMV or CHP office, or you can download it off of the California DMV’s website. Your attorney can also assist you with filing the report and will advise you of any other legal action you must take.
Subscribe to:
Posts (Atom)