There are well over 4 million motorcycles registered in the United States.  One can only assume that the initial low cost of a motorcycle and the good fuel efficiency will cause that number to dramatically increase during our present economic downturn.  According to a recent motorcycle safety study authored by the National Highway Transportation and Safety Administration, motorcycle fatalities represent approximately 5% of all highway fatalities each year, yet motorcycles represent just 2% of all registered vehicles in the United States.  A significant portion of motorcycle operators killed in traffic crashes are the result of the failure on the part of the driver of the other vehicle to see the motorcycle and its operator in time to avoid the crash.

Experienced motorcycle operators always assume that they are invisible to other motorists.  Avoiding the blind spot to the left and right rear of any vehicle may be the difference between life or death for a motorcycle operator.  In addition, there are a number of other actions that can be taken by operators of motorcycles to increase their ability to be seen.  Brightly colored clothing with reflective material, a light colored helmet, and illuminated headlights increase rider visibility to other motorists in any lighting condition, but especially at night.  A recent New Zealand study confirmed that wearing conspicuous attire does affect the risk of having an accident.  Wearing fluorescent clothing reduces the risk of a crash injury by 37%, wearing a white helmet by 24%, and riding with headlights illuminated by 27%.

Despite these attempts to be seen by responsible and experienced motorcycle operators, other motorists continue to cause accidents by pulling out in front of motorcycles.  Human factor experts have provided testimony in motorcycle accident cases regarding the at-fault driver’s contention that they “didn’t see” a motorcycle coming toward them in the opposite lane.  These experts discussed the phenomenon of an object traveling directly towards an observer, which is more difficult to see, as it is not crossing the observer’s field of vision.  Another interesting experiment is to attempt to judge the speed of an object coming directly toward you.  This can be extremely difficult to do against a stationary background.  Motorists not using the highest degree of care will often turn in front of motorcycles claiming that they thought they had enough time to complete the turn.

This exact scenario was dealt with by our law firm in a recent motorcycle accident.  “Steve” was on his way to work one morning on a flat undivided highway with the rising sun to his back.  A car operator turned left right in front of Steve leaving him no time to react in order to avoid the collision.  The car operator provided the typical line…”I never saw him coming until it was too late.”  Steve’s training and experience in proper crash avoidance techniques allowed him to survive this accident.  He was a recent graduate from the Experienced Riders Course of the Motorcycle Safety Foundation (MSF).  As a part of the course, emergency techniques such as maximum brake stops and avoiding obstacles in the road were taught and practiced.  Steve credits this course with providing him the necessary techniques to avoid substantial injury or death.

The collision was not avoidable.  Steve severely fractured his left elbow with associated tendon ruptures of his left arm.  He underwent immediate surgery to repair these injuries requiring internal fixation and tendon rupture repair.  Adding insult to injury, the insurance carrier for the at-fault driver attempted to place a significant share of the fault on Steve for his “failing to avoid the accident” and “excessive speed”.  Both allegations were without any factual basis.  Shortly after our firm was hired, the insurance carrier agreed to settle for the maximum amount of money available from the at-fault driver’s policy.

Motorcycle operators can employ various strategies to decrease the risk of being injured in an accident.  These strategies include relatively inexpensive measures such as adding light sources to your bike and the use of light, bright, reflective, or fluorescent colors.  Also, an understanding of your positioning in relationship to other motor vehicles may save your life or prevent serious injuries.

While responsible or experienced motorcycle operators can answer the questions by responding, “I want to be seen!”  Other motorists still have a responsibility to share the road with motorcycles.

This is the seventh step to follow if you or a loved one has been injured in a trucking accident.

7. Seventh, in pursuing a personal injury or wrongful death claim against a trucking company or truck driver, it is important to get experts on your behalf involved early on, including attorneys, trucking experts and accident investigators.  Trucking companies and their insurers are very good at hiring investigators immediately to photograph the scene and vehicles, and obtain witness statements and take other action in an effort to redirect the fault for the trucking accident to other persons or parties.  This is why it is important that you hire the right people to investigate and support your side of the story.  Waiting days and weeks or longer to get the right people involved could mean the difference between success and failure in your case against the trucking company or truck driver.  This is why it is important you hire the right people early on.  Our law firm handles these cases and can be reached through our website www.truckaccidentlegalcenter.com or our toll free number (800) 943-4529.

This is the sixth step to follow if you or a loved one has been injured in a truck accident.

Sixth, it is important that all medical care for injured parties in the truck accident should be carefully documented.  Photographs and videos of injuries and medical conditions need to be taken, not only at the beginning, but at regular time intervals throughout the medical care time.  Photographs and videos taken in the hospital setting as well as therapy can be very important in supporting the personal injury claim.

In addition, recording the progression of injury and medical conditions through diaries and other documentation to record the times, complaints and changes in condition can be very helpful in the personal injury claim.

Maintaining all medical bills and receipts, including prescription receipts, help to support the personal injury claim against the trucking company or truck driver.  Documenting lost time from work or other planned activities that were lost due to the truck accident should be maintained.

For more information on what documentation needs to be created and maintained, you can contact our lawfirm through our website www.truckaccidentlegalcenter.com or our toll free number (800) 943-4529.

Outlined here is the fifth step to follow if you or a loved one is injured in a trucking accident.

Fifth, it is important to notify the trucking company and truck driver in writing as soon after the accident as possible to keep and maintain certain records and documents which will be important in pursuing the truck accident injury claim.  Federal law only requires the trucking company to keep some documentation for a limited period of time unless the trucking company is informed that a claim may be made.  This would include the log books of the truck driver which records the truck drivers activities up to and including the accident.  Log books are to record the truck drivers time on the road, in the sleeper berth and off-duty times.  Overall speeds can be calculated using log books.  Also, logbook violations can be significant in making the personal injury claim against the trucking company.

Other documents such as trip sheets, pre-trip inspections and post-trip inspections, including inspections of the braking system, as well as bills of lading and documentation of the product or material being transported can be very important.  It is important that notification be given to the trucking company and truck driver that none of these records are to be altered or destroyed.

Most modern tractor-truck units are equipped with an “event recorder,” often referred to as “black boxes.”  These computer recorders can be invaluable in recording speeds, engine rpms, braking and other important data to reconstruct what caused the truck accident.  In fact, many passenger motor vehicles are likewise equipped with these event recorders, and this information can be downloaded and utilized very effectively.  It is important that the trucking company or owner of the truck be notified that such event recorder data be preserved and not destroyed.  The data should be available if it has not been downloaded or if the truck has not been totaled and sent for salvage.

Our law firm utilizes experts who can download event recorder data and this information needs to be obtained in pursuing the personal injury claim against the truck driver and trucking company.  Please contact our lawfirm at our website www.truckaccidentlegalcenter.com or our toll free number (800) 943-4529.

This is the fourth step to follow in the unfortunate event that you or a loved one has been involved in a trucking accident.

4.  Fourth, the accident scene with the truck needs to be diagrammed and measured.  Most of the time, the investigating law enforcement officer will prepare a diagram as part of the report that will include the location of the semi-tractor and trailer and other motor vehicles in the position they came to rest after the accident.  However, sometimes those law enforcement officers do not make all the necessary measurements.  Likewise, the law enforcement officer may not diagram or measure roadway markings, including skid marks, scuff marks, oil marks, gouges and physical debris.  In addition to photographing and/or videotaping the roadway markings, these need to be measured and diagrammed.  It is recognized that most people do not carry tape measures with them in their motor vehicles, but if you or a witness at the scene doesn’t have a measuring device, then at least walk off these distances and record them.

Again, many of the roadway markings and even indentations left by the truck and trailer or other motor vehicles can be diagrammed and measured days and sometimes weeks after the accident.  This is not ideal, but it is better than not having this information.
In significant trucking accident cases, our law firm can send an investigator to the accident scene to collect and record this type of information.  We can be reached at our website www.truckaccidentlegalcenter.com or our toll free number (800) 943-4529.