Showing posts with label biker accident lawyer. Show all posts
Showing posts with label biker accident lawyer. Show all posts

Wednesday, December 4, 2013

Insurance Tips for Motorcyclists

Motorcyclists regularly encounter dangerous road situations.

A 2009 Highway Loss Data Institute report found more than half of motorcyclist deaths involved at least one other vehicle. Forty-two percent of two-vehicle fatal motorcycle crashes involved a vehicle turning left while the motorcycle was going straight, passing or overtaking.

National Highway Traffic Safety Administration data from 2008 showed 47% of all motorcycles involved in fatal crashes collided with another type of motor vehicle.

Recent research by a Texas Tech University psychologist suggests that the regularity of this problem isn't necessarily a case of poor driving or carelessness, but may be related to a basic human miscalculation.

Pat DeLucia, the coordinator of the Human Factors Psychology Program at Texas Tech, says her research shows that small, near objects can appear farther away than larger, more distant objects. The study is published in "Current Directions in Psychological Science."

Through computer simulation, DeLucia had study participants view two objects simultaneously, one large and one small, coming at them. The viewer must decide which one will reach them first.

The study explores how the human brain perceives objects, their size and motion and time to impact. Her findings indicate that an object's size affects distance perception, causing drivers to miscalculate motorcyclists' distance and speed.

Visual cues go wrong

It seems the brain uses two visual information cues for judging time to impact. In the first, a moving object is reflected on the eye's retina. It expands as it approaches, providing the brain accurate information about when the object will hit. This is called an optical invariant.

"It's basically determined by how big that object is on your retina and how fast it is growing on your retina; those two things actually give you the right amount of information about how long it will take the object to hit you, and that's accurate information," explains DeLucia.

However, the brain also uses what you can think of as an artist's depth cue, as if one were sketching two trees, one close up and one in the distance. This cue is a shortcut, or a human "rule of thumb."

"Those depth cues are also available when an object approaches you but they don't guarantee the correct information," says DeLucia.

The study pitted the two different cues against each other by putting the artist's depth cue of which object is closer against the retina's way of viewing the object.

"People generally picked that simpler heuristic: Larger is closer," says DeLucia.

If something is big in your visual field you assume it's closer, but that's not always accurate. What seems to be happening is that when you have small vehicles that are far away and coming closer, they don't look as close as they really are, so you think you have more time before they reach you -- as opposed to a big truck where you think you have less time.

Optical illusion or human miscalculation?

Since motorcycles are smaller than cars, the brain may use this shortcut to decide that a smaller motorcycle is farther away than it actually is. This size-arrival effect can lead drivers to misjudge when a motorcycle will arrive at an intersection and could be considered a contributing factor in motorcycle/vehicle accidents.

"In 75% of crashes with other vehicles, motorcyclists hit a vehicle that was in front of them [according to NHTSA], so they should try to anticipate what other drivers may do and remain visible with lights and bright gear," says Hannah Kim, an analyst and insurance expert at NerdWallet, a personal finance site. Kim says motorcyclists should also avoid risky maneuvers, including lane splitting, weaving in and out of lanes, passing vehicles and trying to overtake other vehicles. Most of the time, drivers in other cars never see a motorcycle before it is too late.

Kim explains that despite the fact that over half of motorcyclists who died in 2011 were 40 years old and older, insurance rates are highest for those who are younger than 25 because they're considered the riskiest age group.

"It is important for motorcycle riders to act as if no one sees them and to use their horn whenever there is a chance that a vehicle will not see them," says Thomas J. Simeone, a personal injury attorney in Washington, D.C. "It is not uncommon to see accidents where a vehicle cuts off a motorcycle while turning left or enters the lane of a motorcycle."

Insurance claims for motorcycle accidents occur at a disproportionally higher rate during the initial months after the rider first purchases a motorcycle insurance policy.

Some studies from the Highway Loss Data Institute and elsewhere put the first-year motorcycle rider risk at almost four times the risk of the second-year rider. Good motorcycle insurance is especially crucial for protecting against loss.

DeLucia hopes her research will ultimately help reduce motorcycle accidents.

A tag line such as "motorcycles may be closer than they appear" could be a place to start.

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Source: Fox Business (Nelson, 12/03)

Monday, August 12, 2013

Number of motorcycle deaths should lead to more helmet laws

On a trip to Fort Worth’s main post office a couple of months ago, I noticed the traffic on Interstate 35W North moving very slowly on this “expressway,” especially for a Saturday afternoon.

Rather than get angry, I blamed myself for not remembering all the construction that’s been there for months. At least the return trip would be quicker, I thought as I dropped off my mail.

But in less than 10 minutes something happened that also had brought the southbound lanes almost to a standstill, a situation I didn’t realize until I was already on the entrance ramp with no way to avoid the massive jam.

This time I was about to get angry until I saw the flashing lights of emergency vehicles ahead and realized that there had been an accident. As my car inched along and got closer to the scene, I was not prepared for what I saw.

On the side of the highway was a wrecked motorcycle, and a short distance away lay a covered body, with only a man’s shoes exposed. An ambulance was leaving with its lights flashing, causing me to believe that perhaps a motorist had been injured as well.

I learned later that afternoon that only the motorcycle had been involved in the crash that killed a 44-year-old Haltom City man and critically injured his female passenger. Neither the driver nor the passenger wore a helmet, police said.

I’ve long been concerned about the number of motorcycle fatalities in this state and nationwide each year, but the problem became more real for me after I viewed that awful sight.

In March, there were four motorcycle fatalities in Fort Worth in one week, and on Sunday a 24-year-old Cleburne man was killed when he was thrown from his motorcycle as he tried to make a turn.

While other traffic deaths have been on the decline, motorcycle fatalities have been rising in Texas, according to the Texas Department of Transportation. Although down slightly last year to 460 people killed compared with 488 in 2011, annual motorcycle deaths in the state have increased 56 percent since 2004.

Nationally there were about 4,550 deaths in 2012, doubling the amount in the mid-1990s, USA Today reported.

The number of fatalities, as well as serious head injuries, began to rise significantly as states repealed or relaxed their laws requiring motorcyclists to wear helmets.

Texas had such a law but changed it in 1997 from mandating helmet use for all riders to requiring helmets for those under 21 and those who have not completed a rider education course or secured a minimum of $10,000 in medical insurance coverage. Then in 1990 Gov. Rick Perry signed a bill that removed the minimum amount of insurance coverage.

Helmet use decreased significantly after those laws were passed, placing more riders in danger of being killed or gravely injured. The federal Centers for Disease Control and Prevention reported that, during the first full year after the weakening of the Texas helmet law in 1997, “deaths jumped 31 percent compared to the year prior to repealing its law.”

The CDC says helmets reduce the risk of death by 37 percent and the risk of head injury by 69 percent. In 2010, the U.S. saved $3 billion because of helmet use and could have saved $1.4 billion more had all motorcyclists worn helmets.

Some people are calling for national laws to address the problem, but I won’t go that far.

I do think individual states, and particularly Texas, should pass laws requiring helmet use by all riders — drivers and passengers.

At the same time we must continue to educate the rest of the population about motorcycle safety, including reminding motorists to be on the lookout for those riding two-wheel vehicles.

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Source: Star-Telegram (Sanders, 8/07)

Monday, December 17, 2012

Oklahoma's lack of helmet laws for adult motorcyclists still gets debate

The most recent statistics available from the Oklahoma Highway Safety Office show there were 98 motorcycle fatalities in 2011.

It's the freedom of choice they like.

They ride their motorcycles with the wind in their hair and say helmets shouldn't be required by law.

This is a motocycle helmet worn by Jim Watson, of Edmond, during motorcycle safety training Saturday July 26, 2008 at Edmond Fire Station 5.

Our position is very simple, that helmets are a very good device but it should be our choice whether to wear one.”

John Pierce, Legislative chairman for the American Bikers Active Toward Education In Oklahoma, adults 18 and older don't have to wear a helmet when riding a motorcycle, only those younger than 18.

John Pierce, 69, of Collinsville, staunchly defends bikers' choice to wear a helmet. Pierce is the legislative chairman for the American Bikers Active Toward Education, a group of about 1,100 motorcycle enthusiasts in the state.

“Our position is very simple, that helmets are a very good device but it should be our choice whether to wear one,” Pierce said. “We believe we have the right to decide whether to wear a helmet.”

Others say it is a safety issue and helmets should be mandatory. No helmet law increases insurance rates, they say.

The most recent statistics available from the Oklahoma Highway Safety Office show there were 98 motorcycle fatalities in 2011.

Of those killed, 81 percent were not wearing helmets. In 2010, the figures were 78 people killed and 85 percent not wearing helmets.

Oklahoma City police have reported 10 motorcycle fatalities this year. Seven of those people were not wearing helmets, police Capt. Dee Patty said. In 2011, Oklahoma City police worked eight fatal motorcycle crashes; six people who died did not wear helmets, Patty said.

AAA Oklahoma, a company that sells insurance, supports enacting an Oklahoma helmet law to save lives, spokesman Chuck Mai said.

“The proof is there. AAA Oklahoma strongly supports enactment of legislation requiring motorcycle riders and passengers to wear helmets and encourages all motorcycle riders to educate themselves of the lifesaving qualities of helmet use,” Mai said.

He said motorcycle insurance premiums can be affected by claims in a geographic area.

Texas does not require a helmet for adult riders age 21 and older who have $10,000 medical insurance coverage. Kansas requires motorcycle riders younger than 18 to wear helmets.

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Source: NewsOK (Medly, 12/17)

Thursday, November 29, 2012

Motorcycle deaths, injuries cost $16 billion

WASHINGTON— Direct costs from deaths and injuries due to motorcycle crashes were $16 billion in 2010, but the full cost is likely higher because long-term medical expenses are difficult to measure, a government report said.

Motorcyclists are involved in fatal crashes at higher rates than drivers of other types of vehicles, and are 30 times more likely to die in a traffic crash than passenger car occupants, according to the Government Accountability Office report.

In 2010, 82,000 motorcyclists were injured and 4,502 were killed in crashes, the report said. The average cost for a fatal crash was estimated at $1.2 million, while the cost for injuries ranged from $2,500 to $1.4 million depending upon the severity.

It's difficult to determine the full costs with accuracy because some types of costs are difficult to measure, the report said. For example, treating serious injuries can be long and expensive, but follow-up analyses of costs are conducted only for a few years. Also, other consequences of long-term injuries such as changes in employment and living status can't be fully measured, the report said.

Laws requiring all motorcyclists to wear helmets are the only strategy proven effective in reducing fatalities and injuries, the report said. Several studies have estimated helmets reduce the risk of death by as much as 39 percent, the report said. The National Highway Traffic Safety Administration has estimated helmets saved the lives of 1,550 motorcyclists in 2010.

However, there has been strong opposition from motorcycle groups to "universal" helmet laws, and only 19 states have them. Another 28 states have "partial" helmet laws that require only some motorcyclists to wear helmets, usually riders under age 21 or under age 18.

Three states have no helmet laws: Illinois, Iowa and New Hampshire. Earlier this year, Michigan legislators repealed that state's helmet requirement for motorcyclists over 21. Other proposals to repeal mandatory helmet laws were considered in California, Maryland, Missouri and Tennessee.

While many motorcycle groups endorse the use of helmets, they also oppose mandatory helmet laws as infringements on personal liberties and their right to assume the risk of riding without a helmet, the report said.

"We are 100 percent pro-helmet, and 100 percent anti-helmet law," Jeff Hennie, vice president of the Motorcycle Riders Foundation, said. "Putting a helmet law in place does not reduce motorcycle fatalities."

Educating other motorists to look out for motorcyclists, and teaching motorcyclists how to ride safely, "is the ultimate solution for saving lives," he said.

But Jackie Gillan, president of Advocates for Highway and Auto Safety, which supports mandatory helmet laws, said: "Education is not a substitute for wearing a helmet." "It's like saying if you take a driver's ed class, you don't have to wear your seat belt," she said. "Now how silly is that?"

Partial helmet laws are also difficult to enforce because it's hard for police to tell the age of motorcyclists as they go whizzing by, she said.

The National Transportation Safety Board dropped mandatory helmet laws from their list of ten "most wanted" safety improvements earlier this month, angering some safety advocates.

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Source: AP (11/28)