Articles Posted in Motorcycle Accident

Road accidents involving motorcycles are statistically some of the most dangerous and deadly types of crashes. According to a press release from the U.S. National Highway Transportation Administration, over 80% of reported motorcycle crashes result in injury or death to the motorcyclist. With numbers like that, motorcyclists should educate themselves on the most common causes of motorcycle crashes, and be vigilant in exercising appropriate safety precautions when taking a bike out on the road.

Motorcycles are some of the smallest motorized vehicles on the road, and the vehicles themselves offer little, if any, protection in the event of a crash. Cars and trucks have been designed with safety features in mind since they became widely used on American roads. Most cars include seatbelts, airbags, and are structurally designed to protect the occupants in the event of a crash. Motorcyclists do not enjoy the same safety features on their bikes. These safety deficiencies can be somewhat offset by the improved maneuverability and stopping distance offered by a motorcycle, but the fact remains that if a crash does occur, the biker is at considerable risk.

Motorcyclists have the ability to use additional safety equipment in the event of a crash. By far, the most important piece of safety equipment is a helmet. Wearing a helmet greatly reduces the risk of serious injury or death to a rider in the event of a crash. The Maryland Transportation Code, Section 21-1306 requires that anyone driving or riding on a motorcycle wear an approved helmet. The U.S. Department of Transportation (DOT) evaluates and grades helmets that are on the market. Riding with a DOT approved helmet is important, as many less expensive helmets on the market today are not sufficient to protect a rider from an accident occurring on public roads or highways.

Left turns present some of the most dangerous situations on Maryland roads. When compounded with nighttime driving, the operators of any vehicles may be rightfully concerned for their safety when other vehicles are making left turns. Maryland motorcyclists are even more threatened in these situations, as their vehicles can be harder to see, and the consequences of a crash are often more severe. A tragic crash earlier this month killed a motorcyclist after a driver failed to yield the right of way when making a left turn on a Southern Maryland highway.

According to a local news report discussing the accident, a 73-year-old man was driving a pickup truck on MD Route 6 and performed a left hand turn onto a smaller road near the town of La Plata. The 18-year old victim, who was operating a motorcycle on Route 6 in the opposite direction, crashed his bike into the pickup truck after the older man failed to yield the right of way to oncoming traffic while performing the turn. First responders were called to the scene and first aid was rendered as the victim was transported to a nearby hospital, but the medical professionals were unable to save the man and he was pronounced dead at the hospital. The article notes that driver error appears to be the cause of the crash, and no mention was made that drugs or alcohol were involved in the crash.

Motorcycles can be harder to see when on a busy road for a variety of reasons, and this means that it is especially important for all drivers and pedestrians to take extra precaution. Motorcycles are much smaller than cars and trucks, which can lead them to be more difficult to see from a distance. The average motorcycle ranges from 75-100 inches long, with a heigh of 40-60 inches. A car’s blind spot may cause motorcycles to be hidden from view temporarily, which can be dangerous for motorcyclists. In addition, some drivers may misjudge the speed at which a motorcycle is going, which can result in injuries.

In a recent news report, a motorcycle collided with a car in Pennsylvania, resulting in a 58-year-old motorcyclist’s death. A trauma doctor pronounced him dead shortly after his arrival at the local hospital. According to preliminary investigations, the motorcyclist was wearing a helmet at the time of the accident. A car was headed northbound and began to turn left, and the motorcyclist was heading south and unable to avoid a collision, striking the passenger side of the vehicle. The driver of the car revealed to police that she didn’t see the motorcycle approaching due to the low sun.

Driving and riding in any type of motor vehicle comes with its own set of risks, and motorcycles are no different. According to the National Higway Traffic Safety Admnistration, 42 percent of fatal motorcycle crashes that involved another motor vehicle involved a vehicle turning left while the motorcycle was going straight, passing, or overtaking a vehicle. When drivers approach an intersection and are turning, their view of oncoming traffic is partially obstructed, but driverss should take the time to wait until they are able to see around an obstructions to ensure it is safe to proceed. Any time you approach an intersection, it is important to take extra time to ensure that you use your rear and side view mirrors to ensure that nobody is in your blind spots.

The design defect lawsuit filed by parents on behalf of their minor son, who became permanently injured when his Christmas gift of a Kawasaki motorcycle crashed, survived a motion to dismiss earlier this month.

The couple bought a new Kawasaki motorcycle as a Christmas present for their minor son in 2010. When the boy first rode the motorcycle on Christmas Day, the bike crashed, which resulted in a serious and permanent injury. The parents claim that negligent assembly of the motorcycle’s throttle mechanism was responsible for causing the accident.

One of the defendants in the action moved to have the case, which was filed in federal court, dismissed against it, claiming that the court lacked the requisite personal jurisdiction over the company. However, the U.S. District Judge disagreed, and denied the motion, finding that the defendant had sufficient minimum contacts with New Jersey to justify keeping the claim against it.

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A three judge Commonwealth Court panel recently ruled that a Maryland couple cannot sue the Pennsylvania State Department of Transportation for the injuries they suffered during an accident that occurred in 2007.

According to state police, the couple was riding a Harley-Davidson MC at approximately 12:30 p.m. July 22, 2007, when they swerved suddenly in order to avoid a vehicle that careened into their path, and attempted to pass it on the right hand side. Police said that the motorcycle then veered off the road, striking several different obstructions, then became airborne, and traveled approximately 10 feet before coming to a stop.

In the published opinion, the panel ruled that state law precludes the couple from suing PennDOT for the injuries they suffered while riding a motorcycle, because they had left the paved road when the accident occurred. Therefore, because the state has no duty to maintain any area beyond the portion of the road regularly used for or intended for travel, the exception to sovereign immunity (which allows for the ability to sue the state with its consent) does not apply, and the motion to dismiss the lawsuit was thereby granted.

This case is an unfortunate example of what can result when motorcycle accidents happen. It seems clear from the facts that the accident was initially caused due to the vehicle that first swerved into the path of this Maryland couple. However, the actual cause, or in this case proximate cause, of the undisclosed injuries suffered by the couple were the result of the issues with the roadway–presumably the pipe and cement fixture that they hit off of the road. The Commonwealth Court of Pennsylvania is one of two intermediate appellate courts in the state, meaning that the couple may potentially have the opportunity to appeal the decision to the Supreme Court of Pennsylvania.

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Washington Irving Wheeler died in a Carroll County motorcycle crash on June 10. The 41-year-old was riding his bike south on Md. 30 when he was involved in a traffic collision with a Chevrolet Cavalier whose driver was attempting to make a left turn. According to police, Wheeler was not at fault in causing the Maryland motorcycle accident.

His death is the third Carroll County motorcycle fatality this year—an increase from the two Carroll County motorcycle deaths in 2009. On March 31, Westminster resident William Parry was killed after his bike and a motor vehicle that was also making a turn collided. In an unrelated traffic crash, motorcyclist Brian Ecker, died on May 15 when his motorcycle struck a fence and a mailbox.

In another recent Carroll County, Maryland motorcycle accident, two local residents suffered injuries on June 12 when the motorcycle they were riding and a car collided at the intersection of Broadfording Road and Md. 63. The motorcycle struck the driver’s side of the 2004 Chevy Monte Carlo as it pulled out from the stop sign. The two riders were thrown from their bike.

Police are saying that there is a huge tree at that intersection that obstructs the view from both roads, which makes it likely that both drivers couldn’t see each other. The motorcycle driver, 41-year-old Michael Destefano, was flown to University of Maryland R Adams Cowley Shock Trauma Center in critical condition. His girlfriend, 45-year-old Christine Biddinger, was treated for a collapsed lung, chest injuries, and a broken arm.

Carroll County man in critical condition after motorcycle accident, Herald Mail, June 12, 2010
Md. 30 crash is Carroll’s third motorcycle fatality this year, Carroll County Times, June 16, 2010
Related Web Resources:
2010 Maryland Motorcycle Safety Program , Maryland Department of Transportation Motor Vehicle Administration
Maryland Motorcycle Accident Lawyer Blog

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