A Green County jury awarded $750,000.00 for injuries suffered by a motorcyclist that collided into the side of a vehicle in a Springfield, Missouri intersection.  The plaintiff of this lawsuit was on a motorcycle traveling through an intersection on a green light.  The defendant made a left-hand turn, crossing in front of the motorcycle.  The motorcycle collided with the side of the vehicle, ejecting the motorcyclist.  His injuries were numerous and included two knee replacements and injuries to his pelvis, sacroiliac joint, right femur, kneecap, thumb, ribs, left tibia, right lower arm, left shoulder and head.

The defendant claimed that she had a green turn arrow and alleged that the motorcyclist was at fault for failing to yield.

There were considerable differences between the testimony of numerous witnesses that were present when the accident occurred.  This case demonstrates the critical need to immediately investigate these types of accidents, and take witness statements as soon as possible.

The case further illustrates the application of comparative fault in the State of Missouri.  The jury awarded 65% of the fault to the defendant and 35% of the fault to the motorcyclist.  This reduces the net verdict for plaintiff’s damages to $487,500.00

If you are in an accident, do not delay in contacting our law firm so that a complete and thorough investigation can be initiated immediately.  The success of your personal injury claim may depend upon how quickly an investigation commences in order to preserve evidence and testimony.

A friend of mine recently purchased a 1967 Ford Mustang and intends to restore the vehicle.  I jokingly asked him if he intended on equipping the vehicle with an upgraded seatbelt system or passive restraint airbag system.  I received the expected reaction.  Interestingly enough, mention the words “motorcycle airbags” or “motorcycle airbag jacket” and you might get a very similar reaction.  Nevertheless, these safety systems, with new technology, are making their way into the motorcycle community.

Motorcycle crash tests with an airbag were first performed in 1973.  Twenty years later, follow-up tests showed that airbags could reduce a rider’s velocity and trajectory in frontal collisions, which make up 62% of motorcycle accidents in the United States.

Honda Motor Company rolled out its first production motorcycle airbag system in 2006 available on its Goldwing motorcycles.  The system utilized fuel tank mounted airbags which deploy when four crash sensors mounted on the front fork measure the necessary change in acceleration caused by a frontal impact.  The design was intended to prevent the motorcycle rider from traveling forward into the impact vehicle.  The airbag’s purpose is to absorb some of the forward energy of the rider and reduce the velocity at which a rider might be thrown from the motorcycle.  According to Honda, the demand for this safety feature continues to increase and grow in popularity.  Other manufacturers are attempting to add airbag technology as an option on certain models.

Also growing in popularity is personal protective equipment for motorcyclists.  This equipment has always included helmets, gloves, jackets, pants, and boots, but now new technology is expanding into this area as well.  Motorcycle airbag jackets are being designed and marketed as another potential piece of equipment to provide better overall safety to the rider.  The jackets include compressed carbon dioxide cylinders for inflation purposes, along with breakaway devices to trigger the system when a rider is ejected from the bike.  As technology and design advances, there may be a day when these airbag features could be added to any type of motorcycle jacket.  Companies are already marketing these jackets for sale.

As technology improves and we become more safety conscience in this country, views towards these features may change.  What we thought was safe in 1967 has dramatically changed 30 years later.  Perhaps motorcycle airbags will make a similar journey in the public’s consciousness.

If you have been involved in a motorcycle accident and would like to discuss your legal options, please give us a call.

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.