Tag Archives: legal advice

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

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

Do I Need a Lawyer after I’m Hurt in a Motorcycle Accident?

(Contributed post for our North American readers)

In 2014 the National Highway Traffic Safety Administration (NHTSA) recorded more than 92k motorcycle accidents. In California, for instance, the motorcycle fatalities increased from 490 in 2014 to 540 in 2016. Additionally, the deaths for not wearing a helmet increased rose up by 2 figures to 25 in 2016 from the 23 in 2015.  Even more damning is that this figure is not getting any better, and if anything, the recent statistics show an increase in the number of motorcycle accidents.

California motorcycle fatalities increased 11 percent from 494 in 2015 to 548 in 2016. Deaths from motorcyclists without a helmet risen by 9% from 23 in 2015 to 25 in 2016. California’s motorcycle fatalities accounted for 15.1% of total motor vehicle deaths in 2016.Sep 16, 201

That said, motorcycle accidents are unique in that, in most cases, they result in serious injuries.

Now, if you’ve been involved in a motorcycle accident, I know you might be wondering whether you need a motorcycle accident lawyer in Los Angeles, CA.

This is particularly true if your insurance has already contacted you or even another party is offering to compensate you for your injuries or damage. In such cases, you might be wondering why it’s even necessary to retain an attorney-after all, it seems like a waste of money, given that you can also represent yourself, right?


We recommend that you retain a lawyer, regardless of the accident circumstances.

Beyond legal representation, there’re other numerous ways that an attorney can help you, and having an attorney guide you the legal process is essential for the success of your case.

If you’re still on the fence on whether you need an attorney for legal representation after a motorcycle accident, stay with us and learn why.

Focus on Recovery

Most motorcycle accidents are grisly and often result in serious injuries.

In such instances, the last thing you would want is to focus on your compensation rather than your health and fast recovery.

By retaining an attorney, you’ll have the peace of mind that they’re representing your interests fully, and in turn, you’ll have time for a fast recovery.

Determine whether you have a Legal Claim

Motorcycle accidents are different, and not every one of them gives you the right to sue for compensation, and this is regardless of whether you were injured or not.

In some cases, you’ll be surprised to find out that you’re culpable and risk getting jailed.

So, before it gets to this point, retaining an attorney will help determine whether you have a right to sue.

They’ll easily go through the facts, and determine whether it’s worth pursuing the case.

Take Your Case to Trial

Not all motorcycle accident cases result in a settlement, and at times, the cases need to go through a trial, which in most cases is challenging, and it requires legal expertise.

If a case goes to trial, for instance, it will require you to do the filling, attend the preliminary hearing, collect evidence, question evidence, and collecting opening/closing statements.

As you can see, some of these processes are tiring and challenge to perform, especially if you don’t have the legal expertise.

An attorney, however, understands how to strategize and access evidence to the court records, and examine witnesses in such a way that will set you up for success.

Protection of Legal Rights

It doesn’t matter whether you’re at fault or even whether you’ll get compensation for the damages, but retaining an attorney will ensure that your legal rights are not violated.

Remember that an attorney understands the law and has specialized in the legal space, meaning they’re cognizant of the laws and when your legal rights are violated.

Negotiate Fair Settlement

Coming to an amicable figure in a settlement process is always a challenging process, especially if you don’t understand the art of negotiating.

This is not to mention that some of the insurance providers usually use underhand tactics,  to cancel your compensation or offer a less-than amount.

Remember that a majority of the insurance entities are in a business like any other and are in it to make profits. In most cases, they’ll try to keep the overhead costs to a minimum.

With an attorney, however, they’ll negotiate a fair settlement offer that accurately reflects the value of your case.

Here, for instance, your attorney will look at several elements and beyond the injury claim; they might even include lost wages, emotional detachment, loss of a loved one, and even the pain factor.

Source: MotorbikeWriter.com

What To Know When You’ve Had A Motorbike Accident

(Contributed article for our North American readers)

Riding motorbikes is really fun but it stops being fun when you have a motorbike accident. Are you prepared for that? If not, here are some tips you can follow so that you know what to do if you do become a part of an accident while riding your motorbike.

Motorcycle-Versus-Car Accident

This is one of the most common motor vehicle collisions and it often doesn’t look good for the motorcycle rider afterward. This is because of the sheer difference in body size of each motor vehicle – a car can only be partially damaged on most occasions but the motorbike will definitely be in pieces from the collision.

Apart from the following steps, you need to contact a motorcycle injury attorney to help you after a motorcycle accident, especially if the accident wasn’t your fault.

Steps To Take Immediately After the Accident

  1. If you are injured, your most important priority is to get medical attention right away. If there are bystanders crowding around, ask if they can call for an ambulance. If an ambulance is not available, ask a kind-hearted person in the crowd if she knows of any doctor clinics nearby.
  2. Look for a traffic enforcer or policeman to attend to you and the other driver. Do not leave the scene of the accident if your life is not in danger and your injuries are minimal. It is important to provide your driver information to the traffic enforcer or policeman so that he can document the incident.
  3. Take pictures of the accident with your phone. This is very important especially if you and your motorbike are insured because the insurance company will need to make sure about the liability for the accident. Photos are invaluable for determining the extent of the damage to you and your motorbike. Be sure to take a photo of the face of the other driver too because that will be needed too.
  4. Get the other party’s insurance information. If the other party has no insurance coverage at the time of the accident, you may have to call a motorcycle injury lawyer to find out what you should do next. This is important because the other party might not have sufficient funds to pay for the damages related to the accident. Your lawyer will help you by pursuing the other party for legal liabilities so that you can pay for your own injuries and possibly buy a new motorbike.

Recovering from a Motorcycle Accident

crash knowImage: Shutterstock

Getting into a motorbike accident doesn’t happen all the time, but it does happen when you least expect it. If you were wearing a helmet at the time, then you are one of the lucky ones – if you weren’t wearing one you might not be reading this article at all. A motorcycle accident can result in serious injuries so it’s a good idea to see how to recover from such a collision if that happened to you.

  • Have yourself examined by a competent doctor. If possible, get this check-up right after the accident because you most likely suffered from serious injuries, especially if the motor vehicle your motorbike collided with was a car.
  • If you have accident insurance, that will help pay for your medical treatments. Did you break any bones in the accident? You will need money to pay for the doctor’s fee and any medical intervention (such as putting your fractured body part in a cast). Will you have to pay for medicine, such as painkillers? That should also be covered.
  • Take sick leave from your workplace for some time. You need to recuperate at home so don’t force yourself to go to work if you’re in no condition to work. Ask a friend or relative to stay with you if you live alone, so there is someone who can help you get around (like if you need to go to the bathroom).
  • Ask your immediate superior at work about how you can resume work while you are still under medical supervision (such as when your body part is in a cast). A compassionate employer would be willing to help you go back to earning a living after the accident. Sometimes, this means being reassigned to another department in the workplace where you can be accommodated while you recover.

Final Thoughts

If you like riding motorbikes, you need to know what to do if ever you figure in a collision with a car. It is usually best to have motor vehicle insurance and personal accident insurance if you like riding motorbikes. If you don’t have that kind of insurance, you may need a motorcycle injury lawyer to assist you in filing a case against the other party so that you can be awarded a settlement or pursue a claim that will allow you to be compensated due to the injuries and damages you now have to deal with.

Source: MotorbikeWriter.com

Crashed riders may face serious consequences

Unlike drivers, any accident involving a rider and pillion is likely to have more serious consequences and a greater likelihood of a criminal charge as injury and death is more likely.

So says NSW traffic and criminal law specialist Chris Kalpage who has previously written these articles for us: tips on what to do when pulled over by police; defences to speeding fines based on a police officer’s estimate and defences to a Lidar speeding fine.

Now the motorcycling enthusiast solicitor advises on the serious consequences of being involved in a motorcycle crash:

Chris Kalpage defences
Chris Kalpage sets up for a track session

Serious consequences

Most people who have an accident where they are at fault face the consequences of, at least, a charge of negligent driving. Unfortunately unlike a minor car accident where driver and passenger are uninjured an accident on a motorcycle is more than likely to result in injury. If your pillion is injured you are at considerable risk of being charged.

I have acted for clients who have had accidents where their pillions have had deep cuts, broken bones and even died and the rider has been charged. Although, after a protracted court case, they have been acquitted.

In the case of death or serious injury, there are the serious consequences of facing jail time if convicted. Generally, if there is a death and a question of fault, the police are likely to charge and leave it to the courts to determine guilt or innocence.

Scientific evidence

The difficulty in these cases and the expense is the need for scientific evidence especially if there are no witnesses.

In one case, a rider and pillion were riding out by the northern beaches late one evening. A taxi driver who was travelling in the opposite direction said he didn’t see the bike — not that he was particularly paying attention — but heard it. As it had a noisy aftermarket exhaust he presumed it must have been going fast.

He saw sparks in his rear vision mirror as the bike hit the embankment. The pillion was high-sided into a tree. The rider’s body was smashed from top to bottom and how he survived the months of coma, hospitalisation and years of surgery and rehabilitation was a testament to his strength of character and determination.

Sadly his pillion died at the scene, the cause of the accident was uncertain but as a person had died he was charged. If convicted he would be incarcerated.

Not only was he recovering from catastrophic injuries and the fact that his friend had died, he now had all the stress of a court case that could take at least a year to complete.

No one had seen the accident, the rider who had a head injury had no recollection of the event at all.

The DPP who had pressure from the family and deep pockets as a government institution kept putting forward expert reports and theories which had to be countered.

Let alone witness statements from people who had seen a bike doing a wheelie 10km from the crash site. On a road that attracts a lot of riders, no one could identify the rider charged as the bike in question.

I got to the scene within hours of the accident and managed to have photos of the scene and debris left from the bike taken.

Spurious arguments

Various spurious arguments were raised by the prosecution:

  1. Because the radius of the curve was such that a bike could go around the curve at significantly greater than the speed limit the rider must have been traveling faster than the hypothetical speed. Our experts assessed the maximum potential speed that the corner could be taken at as much less. Further, the accident occurred before the corner. They also hypothesised that a mark on the road was a yaw mark and therefore the bike was travelling at a certain speed. It was again positively debunked by our expert. Eventually the best the prosecution could estimate was maybe 1km/h over the speed limit.
  2. The police in attendance stood up what was left of the bike and clicked down through the gears then saying that it was in fourth gear and because the analogue tachometer was at 7000rpm it was traveling at a certain speed.  This did not take into account that he had a reverse pattern gearshift and that analogue instruments can jump on impact and freeze.
  3. The remains of the bike were held by police at the station. I attended with an expert who did a forensic examination of the clutch cable that showed the likelihood that on pulling in the clutch and changing gear it snapped and momentarily locked the rear wheel, causing a loss of control. Since the pillion sits higher than the rider with limited hold, she was high-sided into the tree. Therefore, the accident may have been caused by sudden mechanical failure and not the manner of riding.
  4. The prosecution tried to argue that the bike had travelled off the road and up an embankment where the pillion was found because there was a black mark on a tree and the bike was black. As I had examined the area within hours and examined the embankment it was clear that the black mark on the tree was from a bush fire having charred the tree. Secondly, they relied on debris that appeared to be at the top of the embankment, which we established, did not belong to the bike.

However every time we debunked the DPP’s theories, they would get a new expert costing more money.

We then ran a committal proceeding in the local court for a number of days to attempt to avoid going to the District Court. The Magistrate in the local court threw out the prosecution case, making scathing remarks against the prosecution and awarding costs.


Early and careful investigation is vital, while jumping to simplistic assumptions is dangerous. If you wait until you are charged, which can be months later, the crash scene may have changed. The road may have changed, surrounding shrubbery that may have obstructed your view may no longer be there, nor those mysterious black marks on trees.

Secondly just because you lose control of your bike does not necessarily mean that you were riding in a dangerous or negligent manner, even if you are riding over the speed limit.

Finally don’t think it can’t happen to you no matter how careful you are. I have had to defend too many people who hopped on their bike that morning never for one moment thinking it would happen to them.


This article is for reader information and interest only and is based on New South Wales law. It is not intended to be comprehensive, and does not constitute and must not be relied on as legal advice.

Please be aware that every case is different and the matters raised may not be of specific relevance to your situation but may have a general application. You must seek specific advice tailored to your circumstances. Chris is happy to talk to anyone needing clarification. He can be contacted on 0418 211074.

Source: MotorbikeWriter.com

Good Reasons to Own a Mounted Motorcycle Camera

(Sponsored post on mounted motorcycle cameras for our North American readers)

Having a motorcycle is a great experience for many people. Around 13 million Americans are proud owners of motorcycles. However, these vehicles are known to have a high accident and injury risk, which is a concerning factor for many owners.

With the help of today’s technology, there are hundreds of useful gadgets motorcycles can get for security and roadside safety reasons. One of the most popular items is a motorcycle mounted camera.

Have you started noticing the growing number of motorcyclists riding around with GoPros on their helmet? There reason being is motorcyclists can use mounted helmet or dash cams to record all footage they need in case an accident happens. Recorded footage could be good evidence.

Here is a short list of other reasons why an on-board motorcycle camera is a useful tool to have.

Determining Fault of an Accident

Many traffic law experts could agree that a mounted camera is useful for riders involved in a collision or serious accident caused by another motorist. According to a Tampa motorcycle accident lawyer, part of the preparation for a valid accident claim would be to provide evidence of the scene. Helmet cam footage can be used provide vital evidence if you we’re involved in an accident and wanted to take it to court.

Most common motorcycle accidents involve distracted drivers, vehicles turning left or intoxicated drivers. If you needed to prove fault, it would be very wise to document as much as you can in case you do end up in a crash, wipe-out or if you witness of an accident. Recorded footage can protect motorcyclists from false accident accusations too.

Road-Rage Defense

There are thousands of videos up on YouTube that capture a motorcyclist in a strife with an angry and hysterical driver. If you unfortunately end up in a situation with a “road-rager,” a helmet camera can get them to step-off. Typically, when a person realizes they are being filmed, it will prevent them from doing something irrational. But in the worst case, if you were assaulted by an aggressive driver, you would catch the whole scene on camera. Like with accidents, this footage can be used as evidence if someone hurt you or damaged your motorbike.

Insurance Claims

For minor accidents that only result in property damage, a camera can come in handy with an insurance claim. Most motorcycle camera setups allow multiple angles, including POV and the dashboard view. This way when you are working it out with your insurance company, you have footage of every angle.

Vandalism & Theft

Motorcycles parked out in the open are more prone to vandalism, exterior damage (dings, scratches, dents etc.) and theft. You could strategically place a mounted camera to help catch a vandal or a thief. Another step to prevent theft is to supplement your on-board security camera with an anti-theft device like alarms and disc locks.

Is a Motorcycle Cam Only for Accidents & Damage?

Honestly, a mounted camera is a very useful piece of equipment to have for issues involving crashes, damages, theft and collecting evidence to use in court.

On the lighter side of things, a mounted camera can be used for photography and videography reasons too. If you are the creative type, a safe and hands-free way to take snapshots or videos, is to use a helmet camera such as a GoPro, if you want capture some scenery or document your adventures on the road for a montage you want to share with your buddies online.

Bottom line, all motorcyclists should consider getting a camera for informational and safety reasons, especially when the chances of an accident are high.

Source: MotorbikeWriter.com

Legal defences to a speeding fine

If you have been fined for speeding based on a police officer’s estimate or “check speed”, there may be several defences, says NSW traffic and criminal law specialist Chris Kalpage.

The Ducati-riding solicitor has previously provided our readers with tips on what to do when pulled over by police which expanded on our article “tips on what to do if pulled over by the police” and even these tips from the police.

Chris Kalpage evidence pulled Legal defences to a speeding fine
Chris on his Ducati at the track

Now, Chris follows up with information a lawyer seeks when defending a rider on a speeding fine based on an estimate:

Collecting information

As I stated in my previous article, photographs of where the incident occurred are a great help as it provides information about what may have obstructed the proper tracking of the vehicle.

Distances will also enable the calculation as to the distance over time and therefore the potential speed.

We usually attend the police station to see the police in-car video (ICV). That video will show in many cases what the officer could see and what you may have said when pulled over.

In a hearing, the officer may produce a transcript of what you said which is another reason to be wary of saying anything.

If it is an in-car radar breach, it provides us invaluable information of what speeds were registering, the time between observation of the vehicle and locking the speed, and any other matters that could potentially affect the Doppler beam or the reading on the radar, in addition to the patrol speed of the police vehicle. 

Check speed

A “check speed” fine is based on the speed the police vehicle was travelling.

In this case, examining the ICV will show whether the officer had the ability to maintain a consistent distance and speed to provide an accurate reading.

In many of these cases I have observed the highway patrol (HWP) vehicle being baulked by slower vehicles that the smaller, lighter and more nimble motorcycle has been able to get around unaware they are being followed.

When the HWP vehicle gets around the obstruction, seconds have gone past and the police have to accelerate hard to catch up.

In the heat of catching up, it has, on occasion, been that the speed alleged is the speed of the HWP vehicle and not that of the bike.

Similarly, if the HWP vehicle is parked on the side of the road and the officer has to accelerate in pursuit, there is often a degree of hard acceleration involved.

The ICV may also show whether the officer was able to view the bike consistently during the test or lost sight of the vehicle, which would put the check speed or estimate in question.

Example case

lLegal defences to a speeding fine
A rider on the Old Pac (Image: YouTube)

I ran a case on the Old Pacific Highway where the officer passes the bike and the radar showed the bike was travelling at the speed limit of 80km/h, as shown in the ICV.

The bike pulls into Pie in the Sky cafe and a number of minutes later the HWP vehicle pulls in. The officer gets out and starts yelling at the rider and charges him with speed over 45.

When I examined the ICV it showed the bike had travelled past the HWP vehicle at 80km/h but more importantly the police vehicle had done a u-turn and did not see the offending motorcycle until it was pulling up.

So how was an estimate or check speed of more than 45km/h made in the absence of seeing the vehicle?

More importantly, why had the HWP been unable to catch up to the bike, which was the other issue, relied on by police seeing the PV had been hitting speeds of 140-150km/h.

On closer examination of the video it was seen that the HWP vehicle was held up when doing its u-turn by several cars pulling out of Brooklyn, including a learner driver who held up the police by a considerable amount of time.

As many riders are aware, if you give someone a 15-second rolling start at the track, it takes a long time and a lot of speed to catch up. We obtained scientific calculations relating to this, which established that the bike could not have been travelling at the speed alleged. Our client was successful at the hearing.

Chris Kalpage defences
Chris Kalpage sets up for a track session

Officer’s estimate

A police officer’s estimate is the least reliable assessment of speed.

Observing the ICV may give us information as to time and distance that the officer had to make their assessment.

I ran a case where two bikes crested a hill on the Putty Rd at the same time as a police vehicle travelling in the opposite direction. The officer saw the bikes and locked on to their speed within a second.

They did not allow for three seconds of observation and testing with the radar, nor did they allow for multiple vehicles in the beam.

When that was challenged, the officer relied on his estimate which was dubious because of the short observation time as the bikes went past.

At the hearing, the officer conceded a lesser speed and our client retained his licence.

The longer the observation, the greater the accuracy of the estimate.

If an officer is coming around the corner as you are tipping in going in the opposite direction we have to challenge the speed estimate over the length of observation time.

Often it is based on a momentary snapshot and preconceived ideas based on the rider’s posture on the bike, noise, etc, not hard facts. Therefore, it is subject to challenge.


Potentially more accurate forms of speed assessment such as lidar and radar needs more careful analysis which will be covered in a future article.


This article is for reader information and interest only and is based on New South Wales law. It is not intended to be comprehensive, and does not constitute and must not be relied on as legal advice.

Please be aware that every case is different and the matters raised may not be of specific relevance to your situation but may have a general application. You must seek specific advice tailored to your circumstances. Chris is happy to talk to anyone needing clarification. He can bet contacted on 0418 211074.


Source: MotorbikeWriter.com

MCC NSW members offered free Wills

No one likes to think of their mortality, especially vulnerable motorcycle riders, but the Motorcycle Council of NSW has organised free Wills for members.

Chairman Steve Pearce says they have negotiated the deal for all members through MCC NSW legal advisors, Robert Bryden Lawyers.

The service is on top of a recent Council offer of discounted national roadside assistance to all riders, whether they are a member or not.

It also comes as the council has launched a new-look website with a news feed link to Motorbike Writer as their trusted source of motorcycle news, views, reviews and lifestyle.

Will service

Rob Bryden

Rob Bryden says a professionally compiled will could cost anywhere from $600 to $900 depending on the complexity.  

“We are offering complimentary wills and they will be tailored to each person’s individual needs obviously — some may need more complex protection than others,” he says.

“It’s absolutely key every single person over 18 has a Will so that if the unforeseen happen (and let’s face it accidents happen every day) those that they care about are looked after.   

“If you don’t have an up-to-date Will, the control of the estate will not be in the hands of an executor and distributed according to the rider’s wishes and circumstances, but according to legislation controlled by the government.”

RBL have set up an online process so there is no need for a time-consuming face-to-face meeting.

Click here for the online form.

RBL will draft the Will according to the form and provide advice where required or wanted and then it is executed.

“A Will needs to be legal and undertaken with informed decisions and advice,” Rob says.

“We are offering this service free of charge to MCC NSW members in good faith and willingness to support.” 

Passionate advocate

Rob with a KTM track car

Rob says he is a passionate advocate for road safety.

He drives and races cars on track regularly, lobbied when Government wanted to introduce the CTP changes and lobbies for better treatment of motorcyclists on roads.

Rob was also the NSW Senate Elect for Australian Motoring Enthusiast Party and was key in developing the NSW Learner Driver Program initiative. 

“There are obvious synergies between MCC NSW and Robert Bryden Lawyers so we hope to work together in common areas around road safety, CTP, etc,” he says.

Source: MotorbikeWriter.com

Steps You Should Take If You Get into A Motorcycle Accident

(Article contributed by West Coast Trial Lawyers, LA)

One of the best experiences that a person could possibly have is riding on a motorcycle. It offers a sense of freedom and mobility that can’t quite be matched by any other type of vehicle. Think about it, unlike with a car or a train, there isn’t really anything that’s separating you and the outside world. Motorcycles also have the advantage of being able to reach thrilling high speeds unlike other modes of transportation such as bicycles and mopeds. 

Yes, motorcycles can offer you a world of excitement, but the one thing that they have in common with other types of vehicles is that accidents do happen. As with any driver, an accident can be a terrifying and stressful situation that no one really wants to deal with. As with any kind of adverse situation, however, it is important that you know how to handle yourself if you are ever in an accident. 

Get to Safety

In the immediate aftermath of the accident, the first order of business should not be to call a motorcycle injury lawyer or accident attorney but to get yourself out the roadway and traffic so that no further harm will come to you. The most important thing at this moment is to make sure that your situation doesn’t become any worse by risking even more injury than what has probably already occurred. You can handle all of the legal matters once you’re safe and have handled everything at the scene.

Things to look out for as you are moving to safety are gas leaking vehicles, cars or other objects on fire, anything that has been damaged during the accident, and roadside drop-offs and cliffs.

Check to See If You or Anyone Else Has Been Injured

Next, you should check to see if you or the other involved party has been injured. Even if it appears that you and everyone else is fine, you should still call 911 and have them look you over anyway as certain injuries may not make themselves apparent at that moment. It is crucial that you keep in mind that just because you were the one who called the paramedics that you will not automatically be held responsible. 

Call the Local Law Enforcement to Report the Accident

This step can be considered optional in the sense that sometimes the police aren’t immediately contacted in the case of accidents (motorcycle or otherwise). Even if any issues that arise are minimal (such as minor injury and very little property damage) the police may be needed to take down details of what happened and to help decide if a motorcycle accident attorney should be contacted immediately.

Gather Information

Once you have contacted the police, they will proceed to write their police report and will be used as documentation to provide details for your case. To further ensure that you are able to properly prove your innocence in this matter and secure any potential compensation, you should gather information. This gathering of evidence should include you doing the following:

  • Speak to anyone who may have witnessed the accident which can include passengers and other drivers. Be sure to also talk to the attending law enforcement official
  • Photos of the scene (which should only be done if there is no further risk of you being injured or causing any further damage to property. Make sure that you take pictures of any surrounding street signs as well)
  • Contact information, which can be names, phone numbers or even email addresses of all witnesses
  • The VIN (vehicle identification number) of any cars that were involved
  • The badge number and name of the police officer at the scene
  • The number of the police report
  •  The name insurance company name and their contact information from all other parties involved

Gathering all of this information will really help you out in the long run when it comes time to contact your insurance provider or when speaking to a motorcycle personal injury attorney as you will be able to provide them with information to help you with your case.

Contact Your Insurance Company

Once you are able to find the time after the accident, you should contact your insurance company and tell them what happened. As stated previously, all of the information that you have collected will help your insurance provider help you to collect your compensation. 

Make sure that you have had any injuries that you may have sustained looked over by a doctor and that a mechanic has checked out your motorcycle before letting your insurer know about these issues. That way, you don’t run the risk of underestimating any compensation that you may be able to receive. 

Do Not Take Any Blame On Yourself

Under no circumstances should you claim responsibility for what happened. You should follow this advice regardless of whether you’re speaking to any law enforcement official or your insurance company. This is to avoid your claim being denied and to keep away blame for anything that wasn’t your fault.

Keep your statements limited to what happened and if you have a motorcycle accident attorney helping you-you can ask them for further assistance with handling your case.

Contact An Attorney

Up until this point, You’ve only received small nudges from this article in regards to calling a motorcycle injury lawyer. In all honesty, it really is to your benefit to contact one to secure your financial and legal future in the aftermath of the accident.

A motorcycle accident attorney will be able to assist you if you have any of the other parties involved decide to wrongly accuse you of causing the accident. If any medical complications arise that you can’t afford, you can look into a motorcycle personal injury attorney.

Do As Your Doctor Says

The final thing that you should do (if you have been injured in your accident, that is) is to follow your doctor’s directions to the letter. Not only will this help you quickly heal from your injuries but it will lessen the number of permanent damages on your body. Be sure that you follow his directions to the letter and always follow up on their instructions.

Source: MotorbikeWriter.com