Tag Archives: accident

8 Mistakes to Avoid After a Motorbike Accident

(Contributed article for our North American readers)

Having a motorbike accident can be a very traumatizing experience, you’ll be shocked, scared and confused which will make it more likely that you’ll make mistakes which can heart your chances to get appropriate compensation from insurance companies. That money is rightfully yours and you’ll need it to cover medical bills and make up for the damage done to your motorbike.

There’s a stereotype about bikers being risky drivers which isn’t actually true. People assume it is because they’re the ones that tend to sustain more injuries in accidents because the vehicle in itself offers less protection than a car. The problem is you’ll already be dealing with a bias against you so you need to be well informed and prepared in case something like this happens to you. 

Mistake #1:  Leaving the Scene of the Accident

This is incriminating behavior; it implies that you caused the accident and that’s why you don’t want to stick around. To avoid problems, you should stay at the scene, speak to the police officers honestly but without making any speculations regarding speed, distance or any other factors that might have contributed to the crash happening. 

Mistake #2: Apologizing

Again, incriminating behavior. You might be a really nice person who apologizes when other people step on your toes but in this case, it can be interpreted as an admission of fault. That’s not something you want to do in front of the other drivers, the police or any witnesses. 

Mistake #3:  Agreeing to Not Have the Accident Reported

The other driver might be able to convince you, in your confused state, that it was your fault and going through the hassle of reporting the accident to the police and getting the insurance companies involved will do you more harm than good. Well, that’s a terrible idea. First of all, he or she is more likely to say this if they know that it is, in fact, their fault and if you don’t report it and get everything on record you may lose any chance for compensation.

Mistake #4: Leave Without Gathering Evidence

If you drive a motorbike it would be best to keep a camera on it at all times but if that’s not possible, you want to at least take pictures after any accidents. You want to record your injuries and damage to your bike. You should also preserve evidence like your helmet and what you were wearing. You’ll need it later on if you have to build a case. Getting the contact information from witnesses is also advisable because your attorney can contact them for you.

Mistake #5: Delaying Medical Care

Right after the accident, you’ll have a lot of adrenaline running through your body and you might not be able to accurately assess the severity of your injuries until hours or days later. That’s why it’s extremely important that you see a doctor as soon as possible. So, go to the hospital by ambulance or other means straight away. 

For one thing, by doing this you’ll be making sure you get the medical assistance you need. On top of that, you’ll have everything on record and you won’t give the insurance company the chance to throw doubt over your claims regarding the level of the health-related damage you sustained. Another decisive factor is to follow through with your treatment and keep all your appointments, since any gaps can be used against you.

Moreover, the legislation states that the injured party must seek to mitigate their damages and by following treatment you’re proving that you’re doing everything that’s asked of you to get better in the shortest amount of time. 

Mistake #6: Expecting the Other Party to Admit Fault

They might be just as sure of their innocence as you are, it’s human nature so you can’t really expect them to just roll over, admit they were the cause and deal with all the financial repercussions. That’s what would happen in an ideal world and wouldn’t it be nice if that’s how people treated each other? Unfortunately, that’s rarely the case. You’re better off not starting any sort of discussion about who is to blame with them, you might get angry and say something you’ll later regret or that they can use to undermine you.

Mistake #7: Be Naive About Insurance Companies

Your insurance company or the one of the other motorist will ask you to provide a recorded interview. Know that you have absolutely no obligation and you should decline doing so without representation since it might threaten your chances of getting compensation. 

It’s better to consult with a personal injury solicitor that can advise you on how to best protect your interests. People don’t realize that insurance companies are not looking out for them but for their drivers and their stakeholders. They have their own attorneys and adjusters to handle a claim right from the moment the accident is reported. You might think it’s better to cooperate with them every step of the way and all they’re trying to do is sort everything out to everyone’s advantage but, actually, it’s highly likely they’ll try to pay as little as possible.

Mistake #8: Post Information Regarding the Accident Online

As long as your personal injury claim hasn’t been resolved, you really should refrain from discussing the accident on social media. You might feel tempted to inform friends and acquaintances about your recovery but insurance adjusters can also access you profile and gather evidence to dispute claims. An online post or photo can be taken out of context and be interpreted in all sorts of ways you won’t like.  

Even if you’ve made some of these mistakes, it doesn’t mean you should lose all hope of getting what’s owed to you. Most riders will not be able to do everything perfectly after an accident since they’re human beings with emotional responses and can’t keep a cool head in all situations. Despite this, with patience, perseverance and the proper knowledge, they still manage to get a fair outcome.

Source: MotorbikeWriter.com

Passing driver finds rider’s body

Queensland Police are appealing for witnesses who saw a Suzuki GSX1400 (similar to the photo above) after a passing motorist found the body of the 58-year-old Nobby male rider on the side of a Darling Downs road.

The Forensic Crash Unit says the rider was found on Cudmores Rd about 5.50pm yesterday (Friday, 13 December 2019).

They are now appealing for witnesses to the incident.

“It is believed the 58-year-old Nobby man was riding south on Cudmores Road between Cambooya and Nobby when he lost control of his motorcycle, leaving the roadway and crashing into a concrete culvert,” police say.

Passing driver finds rider's body
A concrete culvert on Cudmores Rd, Nobby

Investigators are now seeking witnesses or anyone with relevant dashcam footage to contact them.

Police would like to speak to anyone who saw a blue and white Suzuki GSX 1400 heading south from Toowoomba late yesterday afternoon.

They believe a box may have been carried “in some fashion” on the motorcycle at the time. We suspect they mean a top box.

If you have information for police, contact Policelink on 131 444 or provide information using the online form 24hrs per day.

You can report information about crime anonymously to Crime Stoppers, a registered charity and community volunteer organisation, by calling 1800 333 000 or via crimestoppersqld.com.au 24hrs per day.

Quote this reference number: QP1902484971

Our sincere condolences to the family and friends of the deceased rider.

Source: MotorbikeWriter.com

Ute knocks over bike and does runner

Video evidence has been provided to Wollongong police of a ute doing a three-point turn and knocking over a parked Triumph Thunderbird LT motorcycle before doing a runner.

Unfortunately for the driver, it was right outside City Coast Motorcycles and was caught on video.

We cannot make out the number plate, but it’s a white Holden Rodeo ute.

The incident occurred in Keira St at 2.53pm today (Friday 13 November 2019).

Ute does runner

The ute does a three-point turn and the driver must surely have seen the bike.

However, they badly miscalculate as they reverse into it.

The driver would have heard and felt the bike being nudged and knocked over as well as the ute actually running up and over part of the bike.

The ute driver’s getaway is then hampered by a couple of passing cars, but it soon does a runner.

Jane Sim of City Coast Motorcycles says the incident has been reported the incident to the police and they have the video.

Distinguished Gentleman's Ride runner
Jane Sim

“Unfortunately we are having difficulty making out the numberplate but police are trying to get extra footage from the traffic lights,” she says.

“The bike belongs to us. It is a second-hand unit that we had just photographed for sale.

“We are still assessing the damage but it will be in the area of a few thousand, unfortunately.”

If you have any information about the ute driver, please call Wollongong Police District on 02 4226 7899.

Source: MotorbikeWriter.com

Rider charged after police pursuit

A 24-year-old male rider has been charged with multiple offences after leading a NSW police pursuit then crashing into a garden in the Lake Macquarie area on Wednesday (11 December 2019).

About 12.20pm, police saw a black Harley-Davidson heading south on Merrigum Street, Windale, south of Newcastle.

The rider, Andrew Bell, allegedly attempted to avoid a police breath test unit by using a median strip before “speeding away in a northerly direction”, police say.

Police pursuit

A police pursuit followed Bell down Balemo Crescent and Cooreen Way, before the motorcycle “crashed at speed” into a concrete garden bed on Cooreen Way.

“The man then fled the scene, followed on foot by police and the dog unit,” police say.

“Upon searching the motorcycle, police located a small, single shot-handgun lying on the ground.”

Bell was found soon after in a garden on Kestrel Avenue in Mount Hutton.

He was arrested and taken to Belmont Police Station before being transferred to John Hunter Hospital to be treated for minor burns, minor lacerations and a possible broken collarbone.

Upon release from hospital, the 24-year-old was charged with the following offences:

  • Drive motor vehicle during disqualification period;
  • Acquire pistol-subject to firearms prohibition order;
  • Possess unregistered firearm-pistol;
  • Not keep firearm safely-pistol;
  • Possess unregistered unauthorised pistol in public place; and
  • Refuse or fail to submit to taking of blood sample.

Bell was refused bail to appear in Belmont Local Court today.

Details of his appearance are not yet available, however the matter has most likely been adjourned to another date.

The rider is lucky to have escaped with minor injures.

Earlier this week, a Brisbane rider fled from police and later crashed and died. However, in this case, Queensland police did not pursue the rider.

To pursue or not to pursueCops Police motorcycles witnesses emergency fatal witnesses police pursuit unlicensed 280km motorcycle rider

While not making any judgements on either of these cases, motorcycle riders typically fail to stop because they are unlicensed, drunk, are close to losing their licence or the vehicle is stolen.

In these cases a police pursuit does not occur.

A leading police study has found the three most pressing issues for police reform around the world are use of force, policing of violence in families and high-speed pursuits.

A 2009 Australian Institute of Criminology study found deaths in custody at police stations are declining but “deaths in custody” as a result of high-speed pursuits were rising.

While less than 1% of police pursuits results in a fatal crash, 38% of the people killed are innocent bystanders.

It’s much worse in the USA where one person dies every day as a result of a police pursuit. Of those deaths, 1% are police, 55% suspects and 44% bystanders.

Most police procedures acknowledge the judgement of the officer at the scene to begin a pursuit.

However, continuation of the pursuit is then deferred to a senior officer at the station or headquarters.

They have to make a quick judgement based on the lethal risk to the community of the chase versus the lethal risk to the community of letting a serious offender escape.

This must be backed by information, not just mere suspicion.

Queensland police figures show only about 3% of pursuits involved imminent threat to life or a suspect escaping after a homicide.

Police have a duty to not only prevent and control crime, but more importantly, they have a duty to protect the community and that includes from their own reckless behaviour and judgement.

Click her to read about a police and media pursuit that encouraged a motorcycle rider to perform stunts for the cameras.

Source: MotorbikeWriter.com

Driver sends Facebook apology after crash

A driver who “t-boned” a rider in a SMIDSY (Sorry Mate I didn’t See You) crash has sent an apology via a personal Facebook message.

The crash happened on 5 December 2019 when Andrew Anson, 32, of Narooma, NSW, was riding his 2009 Hyosung 250GTR down a hill behind a 4WD which was turning left.

Driver says sorry after SMIDSY crash
Andrew before the crash

“I slowed down and as I was going around the 4WD, this car came out of nowhere and t-boned me straight in the middle,” he says.

Later that same day, driver Maddi Hunter sent her “sincerest apologies” in a personal Facebook message:

Words cannot describe how terrible I feel. This was the first accident I’ve ever been in and it happens to be one of the worst things that can happen.

sorry
Maddi Hunter (Facebook image)

Andrew says her apology won’t help save his foot which he could lose.

“Apologies will not help or change the situation,” he says.

“I would expect her to stop and wait if a car is turning; wait until the car is out of sight, then proceed. Look out for motorcycles. Don’t just dart out.”

SMIDSY scenario

The exact scenario of this crash is depicted in a Western Australia perception test for learner riders where a turning vehicle masks a smaller motorcyclist from the view of a driver waiting at an intersection.

Hazard perception test

Andrew, who has been riding about seven months, says he has never had an accident and is a “very careful rider and I don’t speed”.

“All I remember is that car coming out of nowhere, then putting my hand out and hitting the bonnet. I don’t even remember hitting the road,” he says.

“Witnesses tell me I ricocheted into an oncoming vehicle as well.

“The next thing I know I’m on the ground screaming in agony.”

Andrew suffered multiple wrist, rib and leg brakes, but the worst was a shattered ankle where the vehicle hit him.

“It was shattered like a tomato,” he says.

“One of the arteries was severed and I almost lost my foot. I could still lose it.”

Andrew has already had three operations with another scheduled on Monday and “a fair few” to follow.

FB apology

sorry
Portion of the personal Facebook message supplied by Andrew

When Maddi left her apology for Andrew, he was advised not to reply, but to wait for the police to contact him.

He says the officer involved is on leave and won’t be back until next week.

Andrew has not yet made a police statement and no charges have been laid.

Maddi told us she didn’t see Andrew’s bike passing the turning vehicle until she “started to pull out”.

“From where I was I could see up the rest of the hill and as far as I could see there was nothing behind him,” she says.

“From my view there was nothing either way so I turned out and as I turned there he was.

“I didn’t see him until I hit him.”

In the text message she says she noticed Andrew swerve.

“I slammed on my breaks (sic) but I believe I hit the back end of your bike with the left side of the car,” she texted.

In her apology, Maddi says she tried to call 000, but a witness had already called, so she waited until Andrew was taken away in an ambulance:

I took photos of your bike to show you and also allowed another lady on the scene to call your grandmother off my phone to notify her about the accident. I was told to go home and call the police to report the incident by both the paramedics and also the fire fighters. I proceeded to do this and was at the station giving my statement at 4.50pm.

Driver says sorry after SMIDSY crash
Maddi’s photo of Andrew’s bike (and top of the page)

I was driving my mother’s car so I’ll be asking her to contact the insurance company to help assist with damages tomorrow. If there is any other way that I can help you personally I am more than happy to within my capabilities. I am so so sorry! Literally have been worried all afternoon and night as I wasn’t sure what the injuries entailed. I hope you have a fast recovery and once again I’m so sorry. The last thing I’d want to do is ever hurt someone and especially around this time of year.

‘I will ride again’

“Sorry is not going to help,” Andrew says.

“She should have looked and stopped and waited.

“She’s just assumed there was nothing behind the 4WD.

“She says she saw the car coming down the hill but nothing behind it.

“But I didn’t see her and I normally scan for everything.

“I also have a loud muffler so she should have heard me coming.”

Andrew says he would like Maddi to fix or replace his bike.

“I will ride again,” he says.

“There is no way this will stop me getting on a bike.”

Source: MotorbikeWriter.com

Committal for head-on rider crash

A daughter of renowned neurosurgeon Charlie Teo will face a committal hearing over a head-on crash with former Comanchero boss William “Jock” Ross in September.

Nicola Annabel Teo, 24, faced the Windsor Local Court yesterday (12 December 2019) were the matter was adjourned until 6 February 2020 for a charge certification committal in Windsor Local Court.

Committal

Head on wrong side crash teo committal
Charlie and Natalie Teo (Facebook image)

A committal hearing is held to determine if the matter should proceed to trial. It provides the defence an opportunity to test prosecution evidence and for the Magistrate to decide if it is a strong enough case to face trial in a District or Supreme Court.

If found guilty, Teo could face a custodial sentence.

Police are expected to provide the court with CCTV footage, witness statements and physical evidence.

They will alleged Teo was driving on the wrong side of the road when she crashed her Toyota Landcruiser head-on into a Ross, 76, near Wiseman’s Ferry, NSW, on 26 September 2019.

Head on wrong side crash
Teo’s Landcruiser at the accident scene

Ross suffered extensive leg and internal injuries.

Teo is currently on conditional bail.

Ross was a former Commanchero president who instigated the infamous Milperra Massacre on Father’s Day in 1984, in which seven people were killed.

Jock Ross head on crash
Image: Channel 9

He was shot and jailed for more than five years. He later left the club and is now a Rural Fire Service captain and grandfather of 12.

Source: MotorbikeWriter.com

Win for emergency call motorcycle helmet

US college student Ty Uehara has won $US2000 to develop his ConTekt helmet that will call emergency (911) if you have been in a crash.

He’s not the first.

Several other helmets are also being developed, including the Encephalon (Brain) from Nand Logic in the USA, the Indian-made Quin and even a Thai Helpmet.

There is also the BMW e-Call SOS button which is now available on some of its motorcycles.

BMW SOS button motorrad win mandated
BMW SOS button

It is not yet able to be used in Australia because of our telecommunications set-up.

Europe plans to make the technology mandatory in the next few years as it has in cars for some time.

We suspect that eventually this emergency call technology will be mandatory to secure insurance.

How emergency call works

These devices use a combination of GPS, accelerometers, gyroscope, pressure sensors and Bluetooth to detect a crash and make the call.

They also have override systems in case they are accidentally triggered such as if the helmet falls off the bike while parked.

Ty created his helmet invention after a crash left him unable to call for help.

He entered the helmet in the University of Hawaii Breakthrough Innovation Challenge and won $US2000 (about $A3900).

Ty now plans to use to obtain a patent and develop a working prototype of ConTekt.

He believes it will cost about $US700 ($A1000) when it eventually hits the market.

Source: MotorbikeWriter.com

Rider awarded $A31.5m in crash payout

A Californian rider has been awarded a $US21.5m (about $A31.5m) payout for injuries suffered when a Kia Optima illegally left the carpool lane and jettisoned his bike across three lanes into a truck.

The fiery crash in February 2018 left rider Matthew Rada with “catastrophic” injuries that ended his career as a graphic artist.

GoPro video from another rider was used as evidence in the LA Court.

The verdict against the driver and his employer may yet be appealed.

However, it dwarfs a payout earlier this year to a North Carolina Harley rider.

He was awarded $US4m (almost $A6m) after a crash with a driver who failed to yield right-of-way.

The 29-year-old rider was travelling about 15mph (about 24km/h) when he was struck by a vehicle that accelerated away from a stop sign without seeing the motorcycle.payout

America is renowned for its excessive compensation payouts, mainly due to high medical costs.

According to a study by US Jury Verdict Research, the average motorcycle accident verdict is about $A560,000 and the median verdict award just over $US70,000.

Crash payoutRoad safety crash accident motorcycle scam payout

In Australia, payouts for motor vehicle crashes are a lot less and rarely over $1m.

Compensation can be determined by a number of factors.

They include physical and mental injuries, the rider’s age, hospital expenses, on-going medical costs, pain and suffering, motorcycle damage and loss of earnings.

Big payouts are rare in Australia and vary from state to state based on third-party insurance regulations.

Riders should ensure they have adequate insurance cover and seek professional legal aid after a crash.

Click here for tips on what to do after a minor crash.

Source: MotorbikeWriter.com

Female rider dies in stop sign crash

A 54-year-old female rider has died after being hit by a car allegedly turning on to the Kennedy Highway from Malone Road, Mareeba, through a stop sign about 8am today (2 December 2019).

Police are investigating the circumstances of the fatal traffic crash, but the Google Maps image above shows a stop sign at the end of Malone Rd.

The female rider was taken to Mareeba Hospital in a critical condition where she later died.

Our sincere condolences to the rider’s family and friends.

The 63-year-old female driver of the car suffered minor injuries as a result of the crash.

The Kennedy Highway will be closed later today to allow officers from the Forensic Crash Unit to continue investigations.

There is no word yet from police on any charges. We also don’t know whether the rider was turning or indicating.

Motorists are advised to take extra care when travelling through the area and to allow extra travel time.

If you have information for police, contact Policelink on 131 444 or provide information using the online form 24hrs per day.

You can report information about crime anonymously to Crime Stoppers, a registered charity and community volunteer organisation, by calling 1800 333 000 or via crimestoppersqld.com.au 24hrs per day.

Ride like you’re invisible

The accident is a sobering reminder that we can be in the right and still be dead.

We have to ride as if no other motorist can see us. Asa if we are invisible.

It can be worse than Sorry Mate I Didn’t See You … it can be a case of Sorry Mate I Forgot I Saw You.

The phenomenon was discovered in a University of Nottingham study into crashes where drivers failed to give way to motorcycles.

Basically they say drivers see riders, but their short-term memory forgets.

The result is they pull out in front of the rider, resulting in a crash, often with dire consequences for the rider.

The uni researchers said drivers are five times more likely to forget seeing a motorcycle than a car.

Source: MotorbikeWriter.com

6 Things to Consider Before Hiring an Accident Lawyer

(Contributed post for our North American readers)

Accident lawyers or personal injury lawyers will represent you in the court of law when you are bringing in a case against someone for injuries they caused. It works both ways; they can either pursue your case in the court or defend you if a case is filed against you. Whatever the case may be, choosing a personal accident lawyer is an important step to winning injury claims. However, be vigilant because personal injuries can only be filed within a specified timeframe or else the status of limitations will run its course and you won’t be able to file for any claims. So it’s imperative that you take out time to carefully carry out background research before hiring anyone. Here are 6 things you need to consider or do before hiring an accident lawyer:

1. Why do you need a Personal Injury lawyer in Bakersfield

Sincerely answering this question should reveal the specific type of lawyer you need. Personal injury or accident lawyers are different from other types of lawyers. They are well-schooled in that area of the law and are the best professionals to handle cases of personal injury.  So the first thing to consider is how vast or good is the attorney you plan to employ.  Any attorney you plan to employ must:

  • Have a number of trial experiences
  • Have  a keen sense of negotiation
  • Must have in-depth knowledge of all medical diagnoses and treatments related to personal injuries.
  • Must understand negligence law and how to apply the same in court.

2. Make a list of Quality factors of a good attorney

The next thing you need to do is make a list of all the quality factors you need in a good attorney.  When you begin the process of selection, you will want to know what the things that actually make a lawyer good.  Armed with this list you can proceed to search for the right candidate. Here are some important things to consider:

  • Location: Only licensed attorneys in your area can practice law within the place where the injury occurred.
  • Area of Practice:  Like every profession, choose only personal injury lawyers for your case.
  • Reputation: Look for lawyers with a reputation of always winning cases. You stand a better chance of winning if you employ one, but their services might be costly.
  • Trial Experience: This is a no-brainer, don’t employ a newbie to handle your case, they need trial experience before they are capable of winning cases.

3. Personal Referrals for good lawyers in Bakersfield

Once you have a checklist of all the qualities you want in a good personal injury lawyer the next stage is to look for those who match your criteria. Do you know of anyone who has used an accident lawyer in the past?  Can they point you in the right direction of a good accident lawyer? If they can, then that’s a good place to start your search. However, don’t hire a personal lawyer without carrying out due diligence about them.

4. Google potential candidates

Google is a huge search engine that has the data basis of almost all practicing lawyers in every state. Google can be very region-specific by pointing you in the right direction of a good lawyer in your region.  A good Google search with the right keywords can display amazing results of lawyers.  Get a fill of the websites that crop up to see what they have to offer. A simple look at the website of lawyers will indicate what area of law they practice. Look for law firms with specialty interest in personal injury claims.

5. Use specific Web services

Using specific web services can reveal amazing results of specialized law firms. There are web services whose sole purpose is to connect clients with lawyers. However, be careful when you make use of a website because they can just be web directories or commercial repositories trying to make a buck out of your webpage visit.  A specialized website called lawyers(dot)com is a good example of a site set up to connect individuals with the right lawyers In this site you are at liberty to search by city, etc. You will see a ranking with phone numbers, lawyer websites and general information.

6.  Use Phone Contact Bar Association

You may consider using the phone contact bar association to determine and locate law firms. Talking directly to lawyers on the phone will give you firsthand information about their demeanor and character.  Here’s how to go about it:

  • Call your State’s bar association:  Your state’s bar association will have a specific phone number dedicated to their lawyer referral service.  For instance, Bakersfield has a state’s bar association number pasted on its website. Bakersfield is a city that covers about 151 sq meters and is near the Town Of San Joaquin. It is a charter city in kern country California with a population of about 380k, making it the 52nd most populous city in United States. It is known for its very hot and dry summers with chilly cold nights and low rainfall averaging around 165mm annually. There is definitely a Bakersfield accident attorney near me at nearby communities and neighborhood.
  • Make the call: Make the call to your state’s bar association to speak with an agent. Going through this route may present you with an opportunity to speak with an attorney who is geographically close to you.
  • Call various law firms; Once you have been directed, don’t hesitate to call the law firm to speak with a lawyer and file in your case. We are certain you will get specialized answers this way.

Source: MotorbikeWriter.com