Traffic Safety Motorcycles

Posted almost 5 years ago. Applies to Las Vegas, NV, 4 helpful votes

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Motorcycle Helmet Use

o Head injury is a leading cause of death in motorcycle crashes. o NHTSA estimates that motorcycle helmets reduce the likelihood of a crash fatality by 37 percent. Deaths increased by 24 percent above what was expected from the increased registrations after repeal of the all-rider motorcycle helmet law, beginning before the law was in effect in July. Fatalities in Florida per 10,000 registered motorcycles increased 21 percent compared to 13 percent nationally for the two years before and after

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Novelty helmets

Novelty helmets all performed significantly worse, based on their lack of ability to absorb impact energy during a motorcycle crash. Novelty helmets, in general, had very little, if any, impact-absorbing capability. Computer simulations of head impact attenuation tests show a 100-percent probability of brain injuries and/or skull fracture for the person involved in a crash while wearing a novelty helmet.

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Certified Motorcycle Helmets versus Uncertified Novelty Helmets

When buying a helmet for on-road use, you can buy one of two kinds. The first is a certified motorcycle helmet that is certified by the manufacturer to conform to all aspects of FMVSS No. 218. In accordance with FMVSS No. 218, the symbol "DOT" has been 1 www-nrd.nhtsa.dot.gov/pubs/810639.pdf; DOT HS 810 639, Motor Vehicle Traffic Crash Fatality Count & Estimates of People injured for 2005 (August 2006) 2 DOT HS 810 678, Traffic Safety Facts - Research Note: Motorcycle Helmet Use in 2006 - Overall results by Donna Glassbrenner, Ph.D., and Jianqiang Ye. National Highway Traffic Safety Administration, Washington, DC. 2006. applied to it, constituting the manufacturer's certification that the helmet conforms to all aspects of the standard. Or a novilty helmet

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Motorcycle riders who wear novelty helmets and believe that "something is better than nothing"

The novelty helmets tested performed significantly worse than any helmet that complies with FMVSS No. 218. In general, noncompliant novelty helmets will not protect motorcycle riders during motorcycle crashes from either impact or penetration threats, and will not likely be retained on motorcycle riders' heads during crashes. Novelty helmets present motorcycle riders with a higher risk for skull fracture and brain injury when compared to certified helmets. A motorcycle rider who wears a novelty helmet during a motorcycle crash in which the rider falls to the ground and the rider's head contacts a rigid body such as a paved road will likely sustain fatal head injuries.

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Motorcycle Safety , Highway Safety Program

communication campaign: * Designate a lead agency for motorcycle safety; * Develop funding sources; * Collect and analyze data on motorcycle crashes, injuries, and fatalities; * Identify and prioritize the State's motorcycle safety problem areas; * Encourage collaboration among agencies and organizations responsible for, or impacted by, motorcycle safety issues; * Develop programs (with specific projects) to address problems; * Coordinate motorcycle safety projects with those for the general motoring public; * Integrate motorcycle safety into State strategic highway safety plans and other related highway safety activities including impaired driving, occupant protection, speed management, and driver licensing programs; and * Routinely evaluate motorcycle safety programs and services.

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MOTORCYCLE OPERATOR LICENSING

The motorcycle licensing system that requires: * Motorcycle operator's manual that contains essential safe riding information; * Motorcycle license examination, including knowledge and skill tests, and State licensing medical criteria; * License examiner training specific to testing of motorcyclists; * Motorcycle license endorsement; * Cross-referencing of motorcycle registrations with motorcycle licenses to identify motorcycle owners who may not have the proper endorsement; * Motorcycle license renewal requirements; * Learner's permits issued for a period of 90 days and the establishment of limits on the number and frequency of learner's permits issued per applicant to encourage each motorcyclist to get full endorsement; and * Penalties for violation of motorcycle licensing requirements.

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MOTORCYCLE OPERATION UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS

* Community traffic safety and other injury control programs, including outreach to motorcyclist clubs and organizations; * Youth anti-impaired driving programs and campaigns; * High visibility law enforcement programs and communications campaigns; * Judge and prosecutor training programs; * Anti-impaired-driving organizations' programs; * College and school programs; * Workplace safety programs; * Event-based programs such as motorcycle rallies, shows, etc.; and * Server training programs.

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LAW ENFORCEMENT

Nevada's community motorcycle safety programs include a law enforcement component * Developing knowledge of motorcycle crash situations, investigating crashes, and maintaining a reporting system that documents crash activity and supports problem identification and evaluation activities; * Providing communication and education support; * Providing training to law enforcement personnel in motorcycle safety, including how to identify impaired motorcycle operators and helmets that do not meet FMVSS 218; and * Establishing agency goals to support motorcycle safety.

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Hurt Report-research studies into the causes of motorcycle accidents I

# 75% of accidents were found to involve a motorcycle and a passenger vehicle, while the remaining 25% of accidents were single motorcycle accidents. # "In the single vehicle accidents, motorcycle rider error was present as the accident precipitating factor in about two-thirds of the cases, with the typical error being a slide-out and fall due to overbraking or running wide on a curve due to excess speed or under-cornering." # "Almost half of the fatal accidents show alcohol involvement" and "injury severity increases with speed, alcohol involvement and motorcycle size." # In the multiple vehicle accidents, the driver of the other vehicle violated the motorcycle right-of-way and caused the accident in two-thirds of those accidents.

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Hurt Report-research studies into the causes of motorcycle accidents II

"Almost half of the fatal accidents show alcohol involvement" and "injury severity increases with speed, alcohol involvement and motorcycle size." # In the multiple vehicle accidents, the driver of the other vehicle violated the motorcycle right-of-way and caused the accident in two-thirds of those accidents. # The report's additional findings show that the wearing of appropriate gear, specifically, helmets and durable garment, mitigates crash injuries substantially. # "Vehicle failure accounted for less than 3% of these motorcycle accidents, and most of those were single vehicle accidents where control was lost due to a puncture flat" and "Weather is not a factor in 98% of motorcycle accidents." # "The failure of motorists to detect and recognize motorcycles in traffic is the predominating cause of motorcycle accidents...Conspicuity of the motorcycle is a critical factor in the multiple vehicle accidents, and accident involvement is significantly reduced by the use of motorcycle

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supersport" motorcycles

In 2007, a report by the Insurance Institute for Highway Safety claimed that "supersport" motorcycles were four times more likely to be involved in highway crashes than other types. When reprinting this press release as a news report, USA Today omitted the word "insurance" from the "Insurance Institute for Highway Safety", giving a false impression the IIHS is a governmental agency, not a private corporation with a conflict of interest.[13]

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Common types of injury

# Concussion and brain damage, as the head violently contacts other vehicles or objects. Riders wearing an approved helmet reduce the risk of death by 37 percent.[15] # Breakage of joints (elbows, shoulders, hips, knees and wrists), fingers, spine and neck, for the same reason. The most common breakages are the shoulder and the pelvis. # Soft tissue (skin and muscle) damage (road rash) as the body slides across the surface at speed. This can be prevented entirely with the proper use of motorcycle-specific protective apparel such as a leather jacket or reinforced denim and textile pants. # There is also a condition known as biker's arm, where the nerves in the upper arm are damaged during the fall, causing a permanent paralysis of arm movement. # Facial disfigurement, if in the absence of a full-face helmet, the unprotected face slides across the ground or smashes into an object. Thirty-five percent of all crashes show major impact on the chin-bar area.[16]

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Ways to get hurt on a bike

Passenger thrown from motorcycle after flooding in road caused by hotel pumping pool water Motorcycle encounters drop in roadway: Unsafe passing where county bus strikes motorcycle Failure to keep proper lookout where motorcycle struck by turning car Negligent entrustment where motorcycle hit by SUV in intersection Failure to yield right of way,Defective design of motorcycle helmet, Defective manufacture of motorcycle tire, failure to accelerate slowly through intersection

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When you are hurt on a bike it is hard to win a law suit

There are still some people out there who have out-dated attitudes about 'bikers' affecting what you may face in a court of law. These are hard cases and you need some one good.

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Common Mistakes Motorcycle Accident Victims Make

Common Mistakes Accident Victims Make: How You Can Avoid Them Many accident victims don?t get all the compensation they are entitled to receive. This is often due to talking to the insurance company. Here are some common mistakes accident victims make, and how you can avoid them. Handling a personal injury claim alone, without a lawyer?s help. After an accident, an insurance adjuster will likely try to persuade you not to use a lawyer, saying a lawyer won?t get you more money. But if you follow the adjuster's advice and handle your claim alone, you will be making a big mistake.

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Remember the adjuster really wants you to make damaging statements

After an accident, an insurance adjuster will likely try to persuade you not to use a lawyer, saying a lawyer won?t get you more money. But if you follow the adjuster's advice and handle your claim alone, you will be making a big mistake. An adjuster?s loyalty is to the insurance company, not you. After an accident, an adjuster will try to get tape recorded statements from you. He or she will seem friendly and sympathetic. Remember the adjuster really wants you to make damaging statements so the insurance company can pay you less.

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Nevada Law

The Nevada Supreme Court, en banc, Maupin, J., held that: an expert was qualified is not qualified to testify as a bio-mechanical expert; if there is no demonstration that his testimony was based on a reliable methodology and, thus, his testimony did not assist the jury in understanding the source of injury; and it was reversible error for trial court to admit it. Hallmark v. Eldridge 189 P.3d 646 Nev.,2008. In a nut shell Nevada has adopted the Daburt rule for experts.

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After a head injury occurs, symptoms can be frighteningly severe

If you have been in a bike accident and have any of these symptoms go to the emergency room immediately : * Unconsciousness, however brief * Convulsion or seizures * Repeated vomiting or nausea * Inability to wake from sleep * Slurred or incoherent speech * Weakness or numbness in any of the limbs * Loss of coordination * Dilation of the pupils

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Your Injury May be all consuming

Overwhelming personality and behavioral changes can make TBI frightening and confusing for victims and their friends and family. More than anything, TBI victims need the understanding and support of loved ones. Parkinson's may develop years after TBI as a result of damage to the basal ganglia. you may not be able to work or perform daily activities especially if your thinking grows clouded or you have other injuries.

Additional Resources

Howard Roitman, Esq. 8921 W. Sahara Ave., Las Vegas, Nevada 89117 (702) 631-5650

MAIDS (Motorcycle Accident In-Depth Study)

Crash law

Cycle Safety Information (CSI) Documents

The National Association of State Motorcycle Safety Administrators

Nev Rider

The Motorcycle Riders Foundation

Cycle org

A.B.A.T.E. of Northern Nevada

Lets ride

Lets ride links

Lawyers.law.cornell.

Las Vegas Lawyer on Cornell

Las Vegas Lawyer on Face book

Las vegas Lawyer hot Frog

Las Vegas Lawyer Law Link

Las Vegas Lawyer JD Supra

Las Vegas Lawyer

Las Vegas Lawyer on Justia

Las Vegas Lawyer on Martindale

Las Vegas Bike Lawyer

Las Vegas Lawyer Guides

Common Mistakes Accident Victims Make: How You Can Avoid Them

Slip & fall

How to Recover Damages After a Car Accident

Law & Brain Injuries

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