Tag Archives: accident

What Makes Motorcycle Accident Lawsuits Different from Car Accidents?

(Contributed post for our North American readers)

Everyone who decides to operate a motorcycle understands that there are significant differences between this type of transportation method and that of a car, truck, or another passenger vehicle. In fact, a motorcycle license is a different class of driver’s license than for a passenger vehicle, much like you are required to carry a Commercial Driver License (CDL) to operate an 18-wheeler or other large commercial vehicle. There are many reasons that make a motorcycle different from a car, and these reasons are part of why motorcycle accident claims and lawsuits are different than car accident insurance claims.

Below are just a few different reasons why these types of accident claims and lawsuits are different, but the reality is that the differences are much more complex than pointing out the difference in wheels between a motorcycle and a car. To get a comprehensive idea of what makes YOUR accident different, contact motorcycle accident lawyer Richard Morse for a free consultation today. Your case is unique and deserves the care and attention that a proven accident attorney will give you.

Motorcycle Accidents Have Higher Fatality Rates

Everyone who operates a motorcycle, or rides on the back of one, must be aware of the fact that motorcycles are significantly more dangerous than cars. They have higher rates of collisions per capita—for a variety of reasons, most not the fault of the motorcyclist—and a higher fatality rate per accident, meaning that the risks are significant on both accounts. In 2001, the NHTSA showed that motorcyclists were about 26 times as likely to die in a crash than someone riding in a passenger car, and are 5 times as likely to be injured.

Proving Liability Can Be More Complicated With a Motorcycle

Because of the additional complexity of operating a motorcycle safely, insurance companies often try to put the additional fault on the motorcycle driver, whether or not there are clear grounds for this. Insurance companies focus on limiting the amount of money that they pay for any injury claim against their policyholders, and they will use the fact that you were operating a motorcycle instead of a vehicle as a possible grounds for placing some degree of negligence on you.

Helmet Laws May Complicate Injury Claims

If you are in an accident and you are not wearing a helmet in California, then you will have serious issues trying to collect on damages that are related to your head. However, there are states where motorcycle drivers over a certain age are allowed to operate or ride without a helmet, and although this theoretically should not impact their ability to collect on damages, it will likely play a role in your negotiations.

Trying To Fight For What You Deserve Is Harder When You Are Seriously Injured

As mentioned above, motorcycle accidents are 5 times more likely to lead to injury, meaning that there is also an increased risk that you will suffer from serious, life-changing injuries. After you are hurt in an accident, the last thing that you want to be doing is to fight with an insurance company about money that you are rightfully owed. In fact, taking on additional stress will have a serious impact on your recovery process, which is another reason why you need to hire a lawyer as soon as possible.

Source: MotorbikeWriter.com

Police target riders over crash deaths

Queensland Police will target motorcycle speeds after a spike in rider and pillion deaths in the first five months of the year, despite the reduction in traffic during the pandemic lockdown.

They have vowed to increase their presence and revert to their mobile speed camera program which had been temporarily suspended during the lockdown.

Inspector Peter Flanders says: “The bottom line is if you are on a motorcycle, you are that vehicle’s airbag. If you get hit or if you hit something it is you who takes the force.”

A total of 91 lives have been lost on Queensland roads in the first five months of 2020, up from 84 at the same time last year with 23 rider and pillion fatalities.

“Motorcyclists were highly represented in the figures, with one in four of all fatalities either motorcycle riders or passengers,” Police media says.

Stats by state

Police target riders over crash deathsAustralian statistics

It sounds like a lot, but it’s not unusual. The proportion of rider lives lost compared with total fatalities is much the same as previous years and is only three above the five-year average.

Meanwhile, the national trend shows rider deaths decreasing.

To the end of April, there were 186 deaths on motorcycles, which is actually the lowest it’s been over the past 10 years.Police target riders over crash deaths

Victoria has had 12 rider/pillion deaths to the end of May compared with 27 last year, down a whopping 56%, probably due to the lockdown.

Likewise, NSW has had 18 deaths so far compared with 24 last year and the 24 five-year average.

South Australia is also down from 11 last year to nine, although the five-year average is five.

Speed targetPolice target riders over crash deaths

In Queensland, police will target speeding as a response to the statistically anomalous spike in motorcycle road deaths.

Road Policing Command Superintendent David Johnson says motorcyclists are more vulnerable to injury than drivers and passengers in any other motor vehicle on our roads.

“Excess speed and loss of control are contributing factors in many traffic crashes involving motorcycles, so we really need riders to take responsibility and ride at speeds relative to the conditions and the posted speed limit,” he says.

However, we note several crashes so far this year involving unlicensed riders, stolen bikes, riders fleeing police, and riders hit by cars at intersections and on the wrong side fo the road.

Source: MotorbikeWriter.com

Criminal trial for head-on bike crash

A daughter of renowned neurosurgeon Charlie Teo will face a criminal trial later this month over a head-on crash with former Comanchero boss William “Jock” Ross in September 2019.

NSW Police will allege Nicola Annabel Teo, 24, was driving her LandCruiser on the wrong side of the road for 200m before crashing head-on into a Harley-Davidson near Wiseman’s Ferry, NSW, on 26 September 2019.

Nicola Teo Jock RossNicola with her LandCruiser

The bike was being ridden by former Comanchero William “Jock” Ross, 76, who suffered extensive, head leg and internal injuries and still walks with the aid of a crutch.

Teo was charged with dangerous driving occasioning grievous bodily harm, negligent driving, not driving on the left hand side of the road and not giving particulars to the police.

Criminal trial

The matter has proceeded through the Windsor Local Court before being moved to the Penrith Local Court where in February Teo was committed to stand a criminal trial.

The arraignment for the trial  was set last week and will be heard in Penrith on 26 June 2020. An arraignment is the first stage of a criminal trial where the indictment is read out.

If found guilty, Teo could face a substantial custodial sentence.

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

Teo is currently on conditional bail.

Jock Ross

William Jock Ross TeoRoss with his Harley

Ross, a Glasgow-born former soldier and Rural Fire Service volunteer, says “god was looking down” on him on the day of the crash.

He was one of five founders of the Comancheros on the New South Wales Central Coast in 1966 and was ‘supreme commander’ when they were involved in the 1984 Milperra Massacre.

Four Comancheros, two Bandidos and a 14-year-old girl died in the infamous shootout.

Ross received gunshot to the head and suffers permanent vision loss and a brain injury.

He was jailed for murder in 1987 over his role in instigating the massacre and was released in 1992 after serving five years.

Source: MotorbikeWriter.com

Driver guilty of hit-run scooter crash

A 55-year-old Toyota Hi-Lux driver who hit and injured a woman, 34, riding a Vespa scooter last August before driving off has been found guilty in a Sydney court today.

Paul Andrew Brown faced a hearing in Burwood Local Court today (27 May 2020) on charges of failing to stop and render aid, negligent driving occasioning grievous bodily harm, and not exchanging particulars.

The collision occurred at the intersection of Wellbank and Spring streets, in Concord, about 7.45pm on 14 August 2019.

Police told the court the driver of the utility failed to stop to render assistance to the rider and continued to drive north on Spring Street.

The scooter rider, a 34-year-old woman, suffered serious injuries and was taken to Royal Prince Alfred Hospital.

Crash Investigation Unit officers found the ute parked in North Strathfield about 2.30pm the next day.

After a short foot pursuit, police arrested Brown and took him to Burwood Police Station were he was charged.

Guilty

Brown has been in and out of court since and was today found guilty. He will front court again on 15 July 2020 for sentencing.

The incident follows a worrying spate of hit-and-run crashes leaving riders injured and dead.

In NSW, the requirement for those involved in a crash to remain at the scene until police arrive was dropped in 2014, even if a tow truck is required.

However, the motorists must report the incident to police and remain at the scene if anyone is injured.

If they don’t, police can charge a motorist with failing to stop at the scene of an accident which is considered a serious offence.

Depending on whether someone is injured or killed in the crash, the motorist responsible could face serious charges with up to 10 years in jail.

Police say motorists leaving an accident scene where someone is injured decrease a victim’s chance of survival.

Source: MotorbikeWriter.com

Drivers face court over bike crashes

Two NSW drivers have appeared in court over separate crashes last year that injured two riders and a pillion.

Court case 1

Molly Cahill, 23, of Sans Souci, was found guilty in Sutherland Local Court today (26 May 2020) and will be sentenced on 2 July 2020 on dangerous driving charges relating to a crash last year.

Police told court Cahill was driving a Peugeot hatchback on the wrong side of Forest Road in Peakhurst about 1.20am on 8 April 2019 when she hit a motorcycle head-on.

Rider Tony Nissirios, 38, and his female partner Sam, 26, were thrown from their bike and suffered multiple fractures.

Molly Cahill hit run crash Sydney committedThe Sydney hit-run crash scene (All images: Channel 7 Sydney)

Cahill left the scene, abandoned her car nearby and texted “I think I’ve hit someone”.

She was later arrested at her Sans Souci home and taken to Kogarah Police Station.

Since her first court appearance she has also been found guilty of drug and assault charges and is currently serving an 18 month community order, ending in September 2021.

Molly Cahill hit run crash Sydney committedMolly Chaill

Court case 2

Liverpool driver Shaokun Zhu, 30, appeared in Liverpool Local Court today for a committal hearing set down for three days after allegedly driving through a give way sign and hitting a motorcyclist in Sydney’s west on 30 October 2019.

However, the hearing has been adjourned until 23 June 2020 with conditional bail continued.

NSW Police allege he was driving a Volkswagen Passat west along Cabramatta Road West when he went through a give way sign without stopping.

His VW hit a motorcycle being ridden by a 28-year-old man who was thrown from the bike.

The rider suffered significant injuries including a fractured shoulder, pelvis and hip, as well as serious cuts and abrasions.

The scene was examined by officers from the Metropolitan Crash Investigation Unit.

Shaokun Zhu was arrested and charged with dangerous driving occasioning grievous bodily harm, negligent driving occasioning grievous bodily harm.

His licence was suspended, and he was given conditional bail.

Source: MotorbikeWriter.com

Remanded in custody over rider murder

A 31-year-old man has been remanded in custody over a murder charge after the ute he was travelling in hit and killed motorcyclist Jake Smith (above), 24, of Werribee.

Damien Janson of Petland Hills appeared in Ballarat Magistrates Court yesterday (25 May 2020) where he was remanded to reappear again via video link for committal mention on 29 October 2020.

No application was made for bail, so he will remain in custody for the next five months.

Victoria’s homicide squad charged Janson two days after the crash that killed Jake about 7.15pm, at Bacchus Marsh, Victoria, last Wednesday (20 May 2020).

Police believe Jake may have known the people in the ute.

The 36-year-old male driver of the ute continued on for about a kilometre before pulling up and remaining at the scene with one of his passengers, a 28-year-old man.

It is alleged Janson, who was also a passenger, fled on foot.

He turned himself into police the next afternoon and was charged with one count of murder.

The driver and the other passenger were arrested on the night of the incident but have been released as investigations continue.

Anyone with information or with dashcam footage is urged to call Crime Stoppers on 1800 333 000.

The ABC reports that Jake’s family and friends were present in the court, and as the defendant was escorted out, the deceased Werribee man’s step-mother yelled “rat”.

In another tragic twist, Jake’s 15-year-old brother died in similar circumstances in 2013, when his mini motorbike collided with a car in Werribee.

Appeal for dashcam vision

In another incident, NSW Police are appealing for information after a crash between a car and motorbike on Hoxton Park Road, Cartwright, in Sydney’s west, about 1.40pm on Monday (25 May 2020).

The rider, a 19-year-old man, was taken to Liverpool Hospital where he will undergo surgery.

The driver of the Nissan Skyline, a 24-year-old man, was not injured.

Liverpool Police Area Command officers would like to speak with any motorists who may have witnessed the incident or may have dashcam footage from the area.

Anyone with information about this incident is urged to contact Crime Stoppers: 1800 333 000 or https://nsw.crimestoppers.com.au. Information is treated in strict confidence. The public is reminded not to report crime via NSW Police social media pages.

Source: MotorbikeWriter.com

Homicide probe in tragic week of crashes

A tragic week of motorcycle fatals has ended with Victoria’s homicide squad charging a man with murder after a Werribee man died when he motorcycle was hit by a ute at Bacchus Marsh.

Jake Smith, 24, (above) died in the collision at Maddingley on Wednesday night (20 May 2020).

Police believe Jake may have known the people in the ute.

The 36-year-old male driver of the ute stopped a short time later and stayed at the scene with one of his passengers, a 28-year-old man.

The second passenger, a 31-year-old man, fled on foot, but turned himself into police yesterday afternoon. The Pentland Hills man was interviewed and charged with one count of murder.

He appeared before a bail justice and was remanded in custody to appear at Ballarat Magistrates’ Court on Monday.

Police allege the driver of the ute involved in Wednesday night’s collision continued on for around a kilometre before finally pulling up.

Anyone with information or with dash cam footage is urged to call Crime Stoppers on 1800 333 000.

In another tragic twist it, Jake’s 15-year-old brother died in similar circumstances in 2013, when his mini motorbike collided with a car in Werribee.

‘Lost control’

A 36-year-old male rider has died in a crash on the Bruce Highway at Mango Hill early this morning (23 May 2020).

Queensland Police say: “preliminary investigations indicate the motorcyclist was travelling south on the Bruce Highway when he lost control of the vehicle and crashed into a light pole just before 2.30am”.

The Sunshine Coast man died at the scene.

If you have information for police, contact Policelink by providing information using the online suspicious activity form 24hrs per day at www.police.qld.gov.au/reporting.

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

Quote this reference number: QP2001060441 within the online suspicious activity form.

Island crash

A male motorcyclist involved in a traffic crash at Mornington Island on May 10 has passed away from his injuries.

Preliminary information indicates the 29-year-old man from Gununa was riding a motorbike on a dirt section beside Birri Road when he struck a rock and crashed.

He suffered serious head and neck injuries and was airlifted to Townsville Hospital where he died yesterday (22 May 2020).

Queensland Police are also seeking information on this incident.

Quote this reference number: QP2000967505 within the online suspicious activity form.

WA fatals

Two riders have died in crashes in Western Australia this week.

On Wednesday, a 47-year-old Mahogany Creek woman died in a crash on the Great Eastern Highway in Glen Forrest, eastern Perth.

The crash happened about 2.35pm near the Hardey Road turn off.

Police say the woman was riding a black Hyosung motorcycle west on Great Eastern Highway when it collided with a silver Hyundai Getz, which was heading east.

The 60-year-old female driver of the Hyundai Getz did not receive any serious injuries.

On Thursday, a 31-year-old male died after crashing his Hyosung motorcycle on North Bannister-Wandering Rd, 94km southeast of Perth about 4.30pm.

Anyone with any information or dashcam footage for either of these incidents is asked to contact Crime Stoppers on 1800 333 000 or report the information online at www.crimestopperswa.com.au.

Our sincere condolences to the riders’ families and friends. 

Source: MotorbikeWriter.com

Driver on bail over fatal bike crash

A 70-year-old ute driver remains on bail for another month after a fatal motorcycle crash in Dubbo on New Year’s Eve 2019.

NSW Police say the driver’s ute collided with a motorcycle about 9pm on the Mitchell Highway in Maryvale, just north of Wellington.

A male rider, aged 26, died at the scene.

The utility caught fire and was extinguished by NSW Rural Fire Service.

Driver Daniel Toohey and his female passenger suffered injuries and were airlifted to Orange Base Hospital.

Orange Police arrested Toohey on Australia Day (26 January 2020) and charged him with:

He was granted conditional bail which was continued this week when the matter was mentioned in Wellington Local Court. Toohey was not required to attend.

The matter has now been held over for further mention (committal) on 16 June  2020.

We will continue to follow this matter through the courts.

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

Utility crashes

Ute does runnerUte backs over bike without seeing it

We have published several articles about crashes involving motorcycles and utilities.

Without suggesting any blame for any of these incidents, it seems that a lot of motorcycle crashes involve a ute; just search our website for “ute crash”.

We suggest riders exercise extra caution when riding near utilities and trucks.

Ute drivers often use them as their work vehicle and may be distracted by calls involving their work.

They can also be loaded up with equipment and tools that could illegally disrupt a clear view of a small motorcycle in traffic.

You should also be aware that in some states, such as Victoria, there is no legal requirement for these drivers to cover their load.

So watch out for hazardous objects that could fall out of them.

Source: MotorbikeWriter.com

Crashes increase as lockdown eases

One of the sad consequences of the easing of lockdown restrictions in some states is the increase in motorcycle crashes.

As expected, crashes reduced with the reduction of traffic when the lockdown started in mid-March.

A lengthy report after the GFC found a similar pattern.

It makes sense that crashes would drop as traffic reduced.

However, police also observed there was a decrease in speeding fines, but an increase in high-range speeding as some motorists took advantage of quiet roads.

Although statistics will not yet be conclusive, we have noticed several crashes involving other vehicles since the lockdown started to ease.

Over the weekend two drivers were charged after hitting and killing two riders ion Sydney, alone.

Will we now see a sharp rise in multi-vehicle crashes as riders suddenly appear on the roads again?

It’s only been about 5-6 weeks, but some motorists may have forgotten to look for riders.

There have been virtually no motorcycle crashes in Victoria, but that could change if/when their lockdown restrictions are relaxed.

Latest incidentDayGlo Queensland Police witnesses single

In the latest incident, a car and motorcycle collided about 4.25pm yesterday (10 May 2020) in Canungra on the Gold Coast hinterland.

The rider was heading southwest on Lamington National Park Road when it collided with a dark grey Hyundai Tucson.

The male rider was transported to Gold Coast University Hospital in a serious condition.

Our sincere best wishes for a full and speedy recovery.

The driver and passenger in the Hyundai Tucson were not physically injured.

Forensic Crash Unit investigators are appealing for witnesses or anyone who was in the vicinity and may have dash cam vision, to contact police.

If you have information for police, contact Policelink by providing information using the online suspicious activity form 24hrs per day at www.police.qld.gov.au/reporting.

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

Quote this reference number: QP2000967040 within the online suspicious activity form.

Source: MotorbikeWriter.com

Two drivers charged after rider fatals

Two drivers have been charged after separate Sydney crashes in the past couple of days that cost the lives of two riders.

A 24-year-old male motorcycle rider died at the scene of a crash with a Toyota Camry about noon yesterday (9 May 2020) on Soldiers Parade, outside Edmondson Park Railway Station.

The driver, a 37-year-old man, was taken to Liverpool Hospital for mandatory testing.

He was then taken to Liverpool Police Station where he  was charged with negligent driving occasioning death, and not give way at lights to oncoming vehicle (right turn).

The Edmondson Park man was granted strict conditional bail and is due to appear at Liverpool Local Court on Monday 13 July 2020.

Investigations are continuing.

Second driver charged

A 22-year-old male driver has been charged after a fatal crash involving his Mitsubishi Challenger SUV and a Yamaha scooter in Sydney’s east on Friday (8 May 2020).

The crash occurred about 2pm at the intersection of Fitzgerald Ave and Bunnerong Rd, Eastgardens.

The scooter rider, a 29-year-old man, was treated at the scene by NSW Ambulance paramedics, before being taken to St Vincent’s Hospital in a critical condition.

The Mitsubishi driver, a 22-year-old man, was arrested and taken to Prince of Wales Hospital for mandatory testing.

Officers from Eastern Beaches Police Area Command established a crime scene, which was examined by specialist police from the Metropolitan Crash Investigation Unit.

Investigators were later notified the rider had died in hospital.

The driver was taken to Maroubra Police Station and charged with negligent driving occasioning death.

He was granted conditional bail to appear before Waverley Local Court on Wednesday 29 July 2020.

Anyone with information about these incidents is urged to contact Crime Stoppers: 1800 333 000 or https://nsw.crimestoppers.com.au. Information is treated in strict confidence. The public is reminded not to report crime via NSW Police social media pages.

Our sincere condolences to the riders’ families and friends.

Source: MotorbikeWriter.com