Tag Archives: crash

5 Reasons to Hire a Lawyer After an Accident

(Contributed post for our North American readers)

There’s nothing better than cruising down the open road with nothing between you and the asphalt but your bike. The thrill is part of the fun. Unfortunately, the lack of protection also adds to the potential for injury in the case of a wreck. 

If you get in a motorcycle crash, you may be uncertain whether or not to hire legal help. In many instances, where there’s only slight property damage, the case will be handled by the insurance companies, and you don’t have to worry about hiring an attorney. However, sometimes, you should have someone who is in a better position to handle your claim. 

It’s best to be prepared and know how to proceed if something does happen. In this article, we’ll go over five reasons you might want to have a lawyer on your side after an accident. 

The Accident Resulted in Severe Injuries

Motorcyclists face severe injuries and even death in the instance of a crash. According to a post on the site for Diamond and Diamond Lawyers, “motorcyclists account for a disproportionate amount of catastrophic injuries sustained on roads and highways.”

If you suffered injuries in a motorcycle accident, a lawyer would be able to help you fight for your claim. In some cases, insurance adjusters will deny your request or rush a settlement in order to save money. If this is the case, you might be missing out on fair and fit compensation for the damages that you accrue as a result of the accident. 

An attorney has an understanding of your legal rights and can negotiate on your behalf. They will identify the amount of compensation that you deserve. 

The Insurance Company Is Using Unfair Tactics

An insurance company will possibly use tactics to reduce the amount of money that they owe you. These bad practices include fighting over medical costs or trying to prove that an injury was related to a preexisting condition rather than the accident in question. 

A company may also offer you a low settlement directly after the accident. Even if you think that the offer sounds fair, its best to consult with a lawyer to make sure that you’re expecting the right amount. 

Your Claim Has Been Denied

In some cases, the company may deny your claim. Insurance plans are designed to be complicated so that consumers can’t easily understand the terms. At times, you may feel as if you’re at the mercy of your agent, but the truth is, they aren’t always looking out for your best interest. 

There are state and federal laws designed to protect consumers. A motorcycle lawyer will take a comprehensive look at your case and the relevant legislation and ensure that you’re given a chance to fight your denied claim. 

One Party Bears Fault

In some cases, more than one party could bear fault. Each state has different laws surrounding fault in auto accidents, and you may want an attorney to help you cut through the red tape. Lawyers can help you identify which party to contact for compensation and negotiate on your behalf. 

You Have Legal Questions

Getting in a motorcycle accident is horrifying. Even if you walked away without serious injuries, it’s easy to get shaken up and to feel lost in the midst of all of the insurance claims. Most people aren’t familiar with the intricate nuances of motorcycle laws and insurance policies. A lawyer will help you with any query you might have after the accident. 

The VerdictScenery picturesque 5 Reasons to Hire a Lawyer After an Accident

An experienced motorcycle lawyer takes over the burden of negotiating from you. By hiring legal assistance, you won’t have to worry that you’re being taken advantage of by the insurance company. You can value your claim and fight for the compensation that you deserve. 

Source: MotorbikeWriter.com

Crash speed ‘not linked to rider injury’

Speed is not necessarily linked to the severity of injuries in a motorcycle crash, according to the first global rider report on motorcycle crashes.

The worldwide study makes a mockery of anti-speed campaigns such as “Every K over is a killer” and the overly simplistic “Speed kills”.

Some 127 riders from Australia last year were among 1578 from 30 countries who participated in the research, rather than academics simply studying data.

The authors of The Dynamics Of Motorcycle Crashes : A Global Survey of 1578 Motorcyclists — all of whom are motorcyclists — say their findings show that “orthodox motorcycle accident analysis” appears to be “looking the wrong way”.

“Typically, motorcycle accident studies have identified human error as the major cause of collisions,” they say in their synopsis.

“Other reasons considered are the lack of training, sports bike riders taking unnecessary risks and riding at high speeds which has been used as a measure for severe injuries.”

Speed not linked

But one of the most important findings is that the speed of a motorcycle involved in a crash is only randomly linked to the seriousness of injuries.

“The speed of the motorcycle when it crashes with another vehicle, road infrastructure or an object or animal does not necessarily determine the severity of the injuries of the motorcyclist,” they say.

“This finding is important because it allows analysts and researchers to focus their attention on what the evidence in this study provides, which is the mechanism of the crash (the trajectory of the rider post-crash and what he/she hits) has far more importance than speed in terms of the type and the severity of injuries.

“In fact, the post-crash motion “topside” occurred in 63% of those cases where the rider collided with a car.”

(By “topside”, they mean the bike was still upright on impact with the rider seated.)

“In terms of injuries, this type of trajectory dominates both the range of type of injuries and the severity.  

“This is an area of research that needs further attention, indeed, the report recommends further research that has been drawn out from the conclusions.”

We hope the authorities pay some attention to this report, rather than making knee-jerk legislation responses to the latest crash statistics.

Riders surveyed

stupidity a factor in motorcycle crashesElaine Hardy

We published a plea in May 2019 from authors Elaine Hardy, Dimitri Margaritis, James Ouellet and Martin Winkelbauer for riders to take part in the comprehensive survey.

The authors say they received a good response from 126 Australia riders.

They say riders who replied came from a varied age range, motorcycling experience, as well as depth of skills and training.

“The new research presented in the report, most importantly involved riders bringing their personal experience and their expertise beyond that of simple academia,” the authors say.

“Riders understand motorcycling in way quite different than that of academia, where statistical analyses of large databases such as police reports and hospital records has displaced research that requires in depth crash scene investigative knowledge.

“The riders’ crash details which were provided through the responses to the questions as well as the comments they offered, brought those stories of personal experiences which included treatment of their injuries, pillion riders and the dynamics of their crash, that in their own words allowed a deeper insight into the dynamics of crashes and the circumstances.

“These could not have been captured in a usual ‘tick box’ survey.”

Authors are riders

The authors say the fact that they are all motorcyclists s important as they are “aware of the dynamics of riding a motorcycle with the potential risks riders face”.

They say this helped them to analyse the responses better as they understood the issues riders face in traffic and out on the road.

“Particular focus most relevant to motorcycles included the use of protective equipment and assistance systems, in particular Advanced (anti-lock) Braking Systems (ABS),” they say.

It follows a 2016 study by UK motorcycle road safety researcher Dr Elaine Hardy into ABS-equipped bike crashes called “Effects of ABS in motorcycle crashes”.

Her study found that simple stupidity, irresponsibility and bad luck were often overlooked as causes of a motorcycle crash.

More segments of this latest report will be published and analysed by Motorbike Writer over the next few days so stay tuned.

Meanwhile, here is an infographic that outlines the survey respondents.

Crash speed ‘not linked to rider injury’

Authors:

  • Elaine Hardy, Motorcycle Research Analyst, UK; 
  • Dimitri Margaritis, Research Associate, CERTH/HIT, Greece;
  • James Ouellet, Hurt Report co-author, USA; and
  • Martin Winkelbauer, Senior Researcher, KFV, Austria.

Source: MotorbikeWriter.com

Rider dies in Warrego Highway crash

A 47-year-old male rider has died in a collision with a car at the notoriously dangerous Minden turnoff on the Warrego Highway, Queensland, last night (27 February 2020).

Queensland Police say the rider was heading west on the highway about 7.20pm and turned into Lowood-Minden Road.

His bike collided with a car travelling east heading from Hattonvale.Crash

Police say the rider was “pronounced deceased at the scene”.

The driver of the car, a 36-year-old Minden woman and a 12-year-old boy were transported to hospital with minor injuries.

An 18-year-old woman who was a passenger in the car was airlifted to Princess Alexandra Hospital in a serious but stable condition.

Our sincere condolences to the rider’s family and friends and our best wishes to the injured for a swift and full recovery.

Anyone who may have witnessed the accident or has dashcam footage is urged to contact police.

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: QP2000413301 

Notorious Warrego intersection

The Warrego Highway intersection is notorious for accidents.

We’ve witnessed two crashes at the site over the years.

In recent year’s it’s been upgraded, but it probably now needs a flyover to cope with increased traffic from nearby urban developments.

Tragic week

It’s been a tragic week since Sunday with six deaths and an injury in the three eastern states.

Source: MotorbikeWriter.com

Five riders die in tragic five days

A rider has died in a hit-and-run crash with a truck in Sydney this afternoon in a tragic five days on the roads in several states.

Officers from Sydney City Police Area Command have established a crime scene at Ultimo following the latest fatal collision.

The crash happened at 2.40pm (27 February 2020) when the rider was struck by a white truck on Abecrombie Street at Ultimo.

The truck failed to stop after the collision.

The motorcyclist was pronounced dead at hospital.

UPDATE: Police have now arrested a man near the scene at 4.50pm today and taken him to a hospital for mandatory testing.  A truck has been seized for scientific examination.

There are no further details available at this time.

Policer are appealing to anyone who might have been in the area at the time of the collision, particularly anyone who may have captured dash-cam footage is urged to contact Crime Stoppers: 1800 333 000 or https://nsw.crimestoppers.com.au

Tragic days

It follows a tragic five days on the roads for riders:

Our sincere condolences to the families and friends of those who died and our best wishes to any injured riders for a full and seedy recovery.

Source: MotorbikeWriter.com

Rider dies three weeks after crash

A 34-year-old male rider died in hospital yesterday (26 February 2020) from injuries sustained in a crash near Warrnambool, Victoria, three weeks ago.

Victorian Police say the Kensington man was riding his bike on Illowa Road when he collided with a vehicle near the intersection of Princes Highway about 9.30pm on Saturday, 8 February, 2020.

He sustained life-threatening injuries and was taken to hospital in a serious condition where he died yesterday, almost three weeks later.

The driver of the vehicle, a 74-year-old man and his 71-year-old female passenger stopped at the scene.

The Jancourt East pair were un-injured.

Victorian Police will prepare a report for the Coroner.

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

Source: MotorbikeWriter.com

Driver committed on hit-run bike crash

After six months and seven court appearances, a driver who allegedly ran a red light, hitting and injuring a motorcyclist, has finally been committed to stand trial.

Driver Daniel Marjoribanks was charged on 12 September 2019 after the crash at the intersection of Schofields and Windsor roads, Rouse Hill.

He appeared for the seventh time this week in Parramatta Local Court where the matter was adjourned for a hearing on 5 June 2020.

NSW Police say his Nissan utility was travelling south on Windsor Road, Rouse Hill, about 9.30pm when it approached the intersection of Schofields Road and was faced with a red right turn arrow.

“The driver allegedly turned right against the red arrow and struck a motorcycle which was being ridden north through the intersection,” police will allege.

The motorcyclist, a 63-year-old man, suffered multiple compound fractures to his right leg and fractured ribs.

Marjoribanks was charged with:

  • Dangerous driving occasioning grievous bodily harm;
  • Negligent driving occasioning grievous bodily harm;
  • Fail to stop and assist after vehicle impact causing grievous bodily harm;
  • Fail to stop and assist after impact cause injury;
  • Drive when visiting privileges withdrawn – first offence; and
  • Not give particulars to injured person.

Source: MotorbikeWriter.com

Rider, 53, dies in tragic twist of fate crash

A 53-year-old male rider has died in a tragic twist of fate involving two other vehicles on the New England Highway, south of Toowoomba, Queensland, about 1.40pm yesterday (25 February 2020).

Police say a utility was waiting to turn right into Opportunity Drive at Clifton when it was struck from behind by a station wagon.

The utility was propelled into the path of the rider heading north on the highway.

Sadly, the rider was pronounced deceased at the scene.

“Police would like to take the opportunity to thank local and passer-by motorists who stopped to render assistance,” says Senior Constable, Tyson Morris.

Our sincere condolences to the rider’s family and friends for their tragic loss.

Twist of fate

fate crash accidentImages Channel 7 Toowoomba

It was a cruel and terrible twist of fate that caused the rider’s death.

Crashes like this seem unavoidable for a rider.

Riders always can the road for hazards, but there seems little we can do in such an unforeseen situation.

The best advice is to treat all vehicles on the road as if they are out to get you.

Investigators from the Forensic Crash Unit are appealing for any witnesses or anyone who may have dash cam vision to please contact police.

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.

Source: MotorbikeWriter.com

Rider injured in three-vehicle crash

A 24-year-old female rider has been seriously injured in a three-vehicle crash in north Brisbane this morning (25 February 2020).

Queensland Police say the rider was stopped behind a bus at traffic lights on Stafford Road, Gordon Park, about 8.40am when a utility hit her, catapulting her into the bus.

She was transported to Royal Brisbane and Woman’s Hospital in a serious condition.

Our sincere best wishes for a full and speedy recovery.

The driver of the utility and the driver and passengers on the bus were not physical injured.

Forensic Crash Unit is seeking witnesses to the crash who have dashcam footage to contact police.

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: QP2000392368

Comment

We don’t know the full circumstances of the crash and don’t want to create any illusions of fault.

This situation reminds us that lane filtering takes a rider out of a vulnerable position in a queue of traffic, protecting them from being rear-ended.

In Queensland it is legal to lane filter next to a bus, although not officially recommended.

Source: MotorbikeWriter.com

Batman crashes Batcycle in filming

Batman – or at least his stunt double – has crashed the latest Batcycle during filming in Glasgow for the next instalment simply titled “The Batman”.

In the video above they are riding through Glasgow’s Necropolis cemetery on a suitably dreary wet day when Batman’s bike has a couple of rear-wheel slides on the wet road surface.

Finally the front wheel also slides and down goes the superhero!

Perhaps the stuntman should read Chris Vermeulen’s tips on riding in the wet!

The Batcycle is a custom featuring a four-cylinder engine, fat tyres, long wheelbase and heaps of extra weight which we imagine are supposed to be weapons.

It looks like a handful as we see in this BBC footage that shows the stunt rider having a lot of trouble controlling the Batcycle even in slow riding.

Batcycle

The new Batcycle is not the first motorcycle used by the caped crusader.

In the original 1960s TV show, Batman and Robin rode sidecars based on a 1965 Harley-Davidson and then a 1966 Yamaha YDS-3.

Batcycle Petersen Automotive Museum in Los Angeles.Batcycle in the Petersen Automotive Museum in Los Angeles.

They were easy to ride, unlike the Batpods made for Dark Knight and The Dark Knight movies.

Batpod Petersen Automotive Museum in Los Angeles.Batpod in the Petersen Automotive Museum in Los Angeles.

Batgirl rode a Batblade based on a drag bike in the 1997 film, Batman & Robin.

In another photo from recent filming, Batman, played by Robert Pattinson, is seen sitting on what looks like a more traditional UJM (universal Japanese motorcycle).Batcycle

It would be much easier to ride than the Batcycle.

While Batman carries the weapons, it seems Catwoman, played by Zoe Kravtiz, is carrying the luggage on her BMW Boxer fitted with panniers.

Batman and Catwoman on their bikesBatman and Catwoman on their bikes

“The Batman” is due for release in June 2021.

Source: MotorbikeWriter.com

Two riders die in Sunday accidents

Two riders have died in separate accidents on the Central Coast of NSW and in far west Queensland yesterday (23 February 2020).

NSW Police say a 59-year-old rider from Mardi died in a crash with a Mitsubishi SUV on the Great North Road, Bucketty, 40km north-west of Somersby, about 4.30pm.

Officers from Hunter Valley Police District were told he was riding north and the Mitsubishi SUV was travelling south and the crash occurred in the southbound lane.

“The SUV left the road, crashing down a ravine trapping the driver, while the motorcyclist was thrown down the same ravine,” police say.

Paramedics were winched by helicopter down the ravine to the injured motorcyclist.

Sadly, he died a short time after being brought up to the roadway.

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

A 44-year-old woman, from Paxton, was released from the wreckage of her SUV and escaped with relatively minor injuries.

She was taken to Wyong Hospital for mandatory testing.

The scene was also attended by NSW Ambulance paramedics, Rescue helicopter crew, RFS and VRA volunteers.Crash accidents

Police will prepare a report for the Coroner.

Anyone with information about this incident is urged to contact Crime Stoppers on 1800 333 000. Information is confidential. The public is reminded not to report crime via NSW Police social media pages.

Longreach crash

A 19-year-old rider has died in a crash at the intersection of Falcon and Duck streets, Longreach about 3am yesterday.

Police say their initial investigations “suggest the male rider lost control of his motorcycle”.

The Forensic Crash Unit is investigating the circumstances surrounding the crash.

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: QP2000379024.

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

Source: MotorbikeWriter.com