Tag Archives: injuries

Obtaining proper compensation after a crash

(Contributed post: Making sure you are properly compensated for motorcycle accident injuries)

Sadly, accidents are something that a lot of motorbike riders experience. There is no doubt that you are more vulnerable than a car driver is. Figures from the National Highway Traffic Safety Administration (NHTSA) demonstrate this. In the USA, 13 car drivers die per 100,000 vehicles. For motorcyclists, that figure shoots up to 72 per 100,000 bikes on the road. So, your chance of having an accident while out riding is quite high. That means you need to be ready for that eventuality.

Be prepared to fight for the right level of compensation for your injuries

If you are injured, you will probably have to fight hard to get the right level of compensation. Don’t let anyone tell you are not entitled to proper compensation. Regardless of whether you have a motorcycle and car accident with a suspended license the cost of treating your injuries should still be covered by insurance. 

Of course, you should not be driving or riding without a valid license. So, you may be fined or prosecuted for doing that. But, the fact that you are breaking the law, in this way, does not mean you are not entitled to full compensation. 

You will likely need the services of a personal injury lawyer

The fact that riders are so much more exposed than car drivers means that they tend to sustain more serious injuries. So, the cost of treating their injuries is typically higher than average. 

Unfortunately, the amount insurance companies will pay for bodily injuries is limited. Often, those limits are too low to cover the full cost of treatment for serious injuries and the disabilities that can arise from them. This means that you will possibly have to sue the driver or another rider. To do this successfully is extremely difficult without a lawyer.

Gather as much evidence as possible

If your injuries allow, gather evidence at the scene. Video and photos are especially useful. Getting everyone’s contact details will help too. 

In the USA, the police should be called to the scene of an accident where someone is injured or killed. Co-operate with the officer, but, be careful not to admit blame. 

You will likely be in shock. So, the chances are you will not remember everything anyway. Later, you can sit down and write down what you think happened. Over the course of the next few days, you will probably remember more and be able to fill in any missing pieces.

Keep an accident journal

Make what happened during the incident your first entry in an accident journal. Each day, write down what happens. For example, who you spoke to and what was said. 

Clip copies of any correspondence to the relevant page of the journal. This in-depth journal will help your lawyer to build a stronger case for you. Some of the templates on this page will help you with putting together a good accident journal.

Keep your clothing

Keep the clothing you were wearing when you came off your bike. On occasion, this can be used as evidence.

Doing the above will help you to receive a better level of compensation after a motorcycle accident. But, don’t forget to do the basics like report the incident to your insurance company and the DMV.

Source: MotorbikeWriter.com

Rider injured as ute turns across path

A 28-year-old rider has suffered serious injuries after a vehicle turned across his path in Brisbane’s north yesterday afternoon (1 July 2019).

Police say their preliminary inquiries reveal that the rider on an “orange motorcycle” was heading south on the multi-lane Gympie Road, Kedron, about 5.20pm.

“A Holden Colorado was travelling north and started to turn right into Edinburgh Castle Road when the motorbike has collided with the car,” police say.

The rider, a 28-year-old Aspley man, was transported to Royal Brisbane and Women’s Hospital with critical head and chest injuries.

His condition is unknown. Our best wishes for a speedy recovery.

The driver of the car, a Redlands woman in her 40s, was not physically injured.

Police have not laid any charges and are appealing for dashcam vision to contact Policelink on 131 444 or provide information using the online form 24hrs per day.

Common crash

Most accidents involving motorcycles and other vehicles occur when the other vehicle is turning across their path.

The result can be lethal as the rider hits the car in a t-bone fashion, rather than a glancing blow.

There are a number of scenarios of turning-vehicle crashes where the rider is completely blameless and others where they are at partial or complete fault.

But in the end, it doesn’t matter whose fault it is if the rider is dead.

Most common turning crashes

These are the four most common crash situations where the other motorist is turning, often without looking for motorcycles:

  1. Oncoming driver turns across the rider’s path to enter a property or side street;
  2. Vehicle pulls out of a side street into the path of the motorcycle;
  3. Motorist pulls over to perform a u-turn without looking; and
  4. A vehicle in front suddenly turns without indicating just as a rider is overtaking them.

Look for these signs

We all know drivers don’t look for motorcyclists for a variety of reasons.

So riders need to assume the worst and look out for these signs in the above impending SMIDSY (Sorry Mate, I didn’t See You) situations:

  1. If an approaching vehicle has its indicators on, assume they may turn without giving way to you and look for movement of the wheels and the driver’s head turning;
  2. Be suspicious of all vehicles coming out of side streets (left or right) and again check their wheels and the driver’s head to see if they have seen you;
  3. Treat any vehicle that pulls over as a possible u-turn or at least that they will suddenly open their door and step out in front of you; and
  4. If the vehicle in front suddenly slows, don’t take the opportunity to pass them. Be cautious that they could be about to make a turn, even if they haven’t indicated.

How to avoid SMIDSY crashesTurning crash

In all the above four situations, slow down and be prepared to take some sort of evasive action, looking for a possible escape route.

If the driver is on a side street or oncoming, try to make eye contact with them.

Make yourself seen by moving in your lane.

You can also alert drivers to your presence by blowing your horn or flashing your lights, although these may be illegal in some jurisdictions and could give the false message that you are letting them cross your path.

Don’t trust loud pipes to save you. Most drivers have their windows up, air-conditioning on and the radio turned up loud, so they may not hear you, anyway.

Besides, in all these situations, your pipes are facing away from the driver.

Source: MotorbikeWriter.com