Articles Posted in Motorcycle Accidents

Data has made it quite evident that riding a motorcycle has become an increasingly perilous pursuit in the United States, with the most recent information showing that motorcycle fatalities are on the rise in this country. But studies show that the unwelcome numbers look even more dispiriting once one factors in alcohol-impaired driving on the part of at least one of the parties involved in a crash, and the alarming statistics are the continuing concern of San Francisco motorcycle accident attorney Gregory J. Brod.

Two Unrelated Fatalities on Bay Area Highway Last Week
The risks to motorcyclists were on display in a high-profile and most unfortunate way last week and particularly this weekend when two motorcyclists died in two separate incidents on the same Oakland freeway. According to the San Francisco Chronicle, the most recent incident involved two motorists who were arrested on suspicion of drunken driving after the rider of a Harley-Davidson motorcycle got into an altercation with one of the motorists on Interstate 880, with the motorcyclist crashing into a different motorist. The collision with the second vehicle, a pickup truck, caused the latter to burst into flames and the death of the motorcyclist; investigators are still trying to figure out the exact sequence of events. The fatality was the second suffered by a motorcyclist on I-880 in less than one week, as another motorcyclist died Thursday when crashing his Harley-Davidson into the rear of a big-rig truck on that interstate.

While police suspect that alcohol was a factor in one of the last week’s crashes involving a four-wheeled motor vehicle and a motorcycle that resulted in the death of a motorcyclist, by at least once measure the numbers for alcohol-impaired driving of motorists have been gradually improving over the last four decades. Indeed, according to statistics from the National Highway Traffic Safety Administration, the percentage of weekend nighttime drivers with a blood alcohol concentration above the legal limit of 0.08 g/dl has dropped from 7.5 percent in 1973, to 5.4 percent in 1986, to 4.3 percent in 1996, and to 2.2 percent for the most recent survey conducted in 2007.

Statistics for Alcohol-Related Motorcycle Deaths Grim
Unfortunately, the figures for motorcyclists have not been as encouraging. NHTSA statistics show that in crashes in 2008 a higher percentage of motorcycle riders had a BAC above the legal limit than any other type of motor vehicle driver, with motorcyclists accounting for 29 percent of those within that category, as opposed to 23 percent for passenger cars, 23 percent for light trucks, and 2 percent for large trucks. Forty-three percent of the 2,291 motorcycle riders who died in single-vehicle crashes in 2008 had BAC levels at or above the legal limit. Even worse, 64 percent of those motorcyclists killed in single-vehicle crashes on weekend nights had BAC levels at or above the legal limit. In fact, motorcyclists who died in traffic crashes at night were nearly four times more likely to have BAC levels at or above the legal limit than those killed during the day, with the numbers registering at 48 percent and 13 percent, respectively.
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The news was mixed — The Sacramento Bee reported that 2012 saw an increase in the number of motorcycle deaths nationwide, but a decline in the number of motorcycle fatalities in California. The Governors Highway Safety Association estimates that the country saw more than 5,000 motorcycle deaths last year, an increase of 9% from the prior year. Study authors suggest warmer weather led to a longer motorcycle season and rising gas prices led people to choose two wheels over four. California was one of only a handful of states that saw a drop in motorcycle deaths, perhaps due to an aggressive safety campaign focused on making drivers more aware of motorcycles. Our Northern California motorcycle accident law firm believes these statistics, both the overall rise in deaths and the difference between the trend in California and the trend nationwide, demand up-to-date research into the causes of motorcycle accidents.

The Hurt Report & Its Findings on the Causes and Characteristics of Motorcycle Accidents

Surprisingly, the most comprehensive, detailed report analyzing motorcycle accidents and their causes is more than thirty years old. In 1981, the National Highway Traffic Safety Administration released the results of a study led by Harry Hurt, titled Motorcycle Accident Cause Factors and Identification of Countermeasures. The ground-breaking investigation into motorcycle accidents included an in-depth analysis of 900 accidents in the Los Angeles area plus the examination of 3,600 additional crash reports. The Hurt report is still cited as the most important study to date on motorcycle safety, although some say that changes in ridership and the way motorcycles are built leave the report showing its age.

Despite the signs imploring people to “Share the Road” on streets and highways nationwide, cars and motorcycles often have a rather discourteous relationship. Riders will tell you that drivers don’t pay enough attention to their surroundings and only truly notice other drivers piloting cars, SUVs, and trucks. On the other side, drivers will report that cyclists ignore speed limits and the suspicion that some riders lack a valid license, an important issue since unlicensed cyclists are more likely to cause an accident. As a San Francisco accident law firm, we see the victims of the tense relationship between cycles and cars. Recently, the California Highway Patrol (CHP”) added a new policy to address a significant issue of debate between drivers and rider, the practice of lane-splitting.

Opinions as CHP Unveils New Rules on Lane-Spitting by Motorcycles

According to the San Francisco Chronicle‘s recent report, California is the only state in the U.S. where the practice of lane-splitting is legal. For those not familiar with the term, this is when a motorcycle pilots between cars on a crowded street, allowing the cyclist to travel faster than the automobile traffic. While it may annoy some drivers, lane-splitting has always been legal in the state. However, until now, state authorities never provided guidelines on how motorcycle riders can safely engage in the practice. Sgt. Mark Pope, the California Highway Patrol’s (“CHP”) statewide motorcycle safety coordinator, referred to this as “limited anarchy” and said it was time authorities considered the issue.

Motorcycle accidents can cause serious, life-altering injuries and even death. Often these accidents are the result of negligent drivers who fail to exercise due care behind the wheel. As a Sacramento injury law firm, we work with the victims of these tragic collisions to help them recover damages, including money that they will need to live with the results of a serious injury.

Hit-and-Run Leaves Motorcycle Rider Seriously Injured and Driver Under Arrest

A serious collision between a motorcyclist and a driver occurred in our region earlier this week. As reported in The Sacramento Bee, a van and motorcycle collided in the Citrus Heights area leaving the rider with major injuries. The accident closed the westbound portion of Greenback Lane between Sunrise Boulevard and Birdcage Street for five hours while police investigated the incident. According to the report, the van driver fled the scene and then abandoned the vehicle in a nearby parking lot. Police later apprehended the suspected driver, whom reporters identified as thirty year old Adam McGue of Shasta Lake, and charged him with hit and run with injury.

Unfortunately, tragedy struck the family of 54-year-old Rick Scheuer on Wednesday. Scheuer was killed as a result of a San Francisco motorcycle accident when he was thrown from his motorcycle and was struck by automobile.

According to the San Francisco Chronicle, the victim hit an automobile which was on his right as he rode his motorcycle around a curve. He was then thrown from his bike and over the hood on the car which struck him. After hitting the ground, the vehicle rolled over him. Scheuer was subsequently transported to a local hospital for medical treatment at which he later was pronounced dead.

Our San Francisco and Oakland injury attorneys realize that losing a loved one in an accident is perhaps the most difficult time in life. The grieving process is never easy, but it can be particularly difficult when the loss comes unexpectedly, often as a result of the negligence or misconduct of another. As wrongful death attorneys we are intimately aware of the emotional, mental, and financial challenges facing families after the unexpected loss of a loved one.

Our attorneys represent victims and their family members who have been hurt or suffered death due to a California motorcycle accident and other personal injuries. Accidents on our roads remain one of the most common ways that local residents suffer serious injury and death in preventable accidents.

Many are aware of the potential dangers of riding a motorcycle. According to statistics of the National Highway Traffic Safety Administration (NHTSA), the number of crashes involving motorcycles have declined as a recent of increased safety efforts.

However, the crash rates are still quite high.

There are various reasons of why these crashes still occur. As we have previously explained, there is still a growing concern about the adversarial relationship between automobiles and other using the roads, including motorcycles. Failure to share the lane is one of the most common causes associated with a motorcycle-automobile vehicle crash. Also, driver distraction or careless and reckless driving is another factors which contributes to the injuries and death of loved ones in a traffic accident.

With thousands of people who use our state highways on a daily basis, drivers are urged to pay attention to the traffic patterns–changing lanes, speed of traffic, and stopped-and-go vehicles.

In most cases, these accidents are preventable. Drivers are required to exercise reasonable care while they operate a motor vehicle in order to prevent accidents. When drivers are negligent and fail to exercise this duty, then injured persons or their family members can seek redress in court in order to recover damages. That includes situations where motorcyclists are hurt as a result of car driver’s negligence.

If you or a loved one has recently been hurt or injured as a result of negligent driving, contact our office today to consult with one of our San Francisco personal injury attorneys and learn about your legal rights. You could be entitled to recover compensation for your injuries.

See Our Related Blog Posts:
Tribune Article Reminds Bay Area Residents to Share the Road
A Moving Tribute to the Victim of an Oakland Motorcycle Accident
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The Oakland Tribune published a touching article this weekend sharing memories of an avid motorcycle buff who was killed in a collision with a car in October. Our Oakland motorcycle accident attorney knows that such accidents occur all too often and is dedicated to helping those impacted by the tragic incidents to pursue all remedies that the law allows. While no lawsuit can bring back a loved one or even restore an injured rider to their prior physical and emotional life, a skilled attorney can help ease the financial ramifications that often follow a motorcycle accident.

On October 23, 55 year-old Joseph Montoya was enjoying an autumn day with fellow riders. He was on his Yamaha 550 Seca, riding in the Castro Valley hills not far from the Redwood Road dirt park where he’d first learned to ride nearly four decades ago. The day turned tragic when a 19 year-old driver lost control of a Honda Accord, crossed into oncoming traffic, and hit Montoya who was killed instantly. The driver of the car was uninjured and an investigation by the California Highway Patrol is ongoing.

The Tribune shares memories of Montoya’s family and friends who paint a picture of a true motorcycle aficionado who helped draw others to his favorite hobby. He also was a giving man, one who mentored others in his professional life and was known for distributing money to the homeless during the holiday season. The tribute is a reminder that Oakland motorcycle accident fatalities are not merely statistics but are a tragic end to full and meaningful lives of valued neighbors and loved ones. While recent reports indicate that the number of motorcycle fatalities has declined after a decade of increase (see the 2011 California Traffic Safety Report Card, focused on numbers from 2009) every fatality takes a very real life and deserves our attention.

It is important to remember that, after an accident, there are two legal systems that work to provide recourse to the victims and punish those at fault. At the same time as the police investigate potential criminal charges, a skilled Northern California motorcycle accident attorney can help surviving loved ones pursue civil law remedies. While criminal suits are brought by the state, a civil lawsuit is brought by the victim or by the family of the deceased. The systems have very different rules and different goals with the criminal system seeking to punish offenders and deter future violators while the civil system can help those impacted recover damages for their loss. No legal system can bring back a beloved individual, but alleviating the financial burden can allow the family to focus on healing without worrying about the economic impact of the loss.

It is important that those impacted by a motorcycle injury or a fatality seek out a legal expert with experience in similar cases. The determination of legal fault is often complex and requires a skilled attorney who understands the factors that a court will consider when evaluating a civil claim. The actions of the other driver, the conditions of the road at the time of the accident, the decisions made by the rider, and many other factors will come into play in a civil lawsuit arising out of a motorcycle accident.
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The San Francisco Gate reported last week on a bizarre Oakland motorcycle accident that apparently was caused intentionally by a paratransit van driver. A thirty-one year old Oakland man, Eddie Hall was recently charged with homicide following his conduct which caused the death of fifty-one year old George Lopez of Stockton. The incident occurred late last month on Interstate 580 in San Leandro.

The accident is still under investigation, however police believe that Mr. Hall was driving an East Bay Paratransit van in the right hand lane of the highway with a group of motorcycle riders immediately to his left. Witnesses report that Mr. Hall “aggressively” swerved his van into the left hand lane, colliding with the cycle being ridden by the victim, Mr. Lopez. The rider was knocked off the bike, ultimately falling into the path of the van which ran over him. His motorcycle was wedged underneath the van. Apparently the van driver continued driving for at least a mile with the motorcycle wedged underneath the vehicle, before the motorcycle burst into flames. At that point, Mr. Lopez got out of the vehicle and fled the scene on foot. He was eventually apprehended by a sheriff’s deputy. He has since been charged with homicide for the death of George Lopez, as well as for attempted homicide for another motorcycle that was in the group when he veered into their lane on the highway.

Unlike other highway crashes, this Interstate 580 accident was no accident at all. Questioned after the event, Mr. Hall admitted that he intentionally drove into the motorcyclists because he was upset at the way that the motorcyclists and other drivers were behaving on the road. In other words, this seems to be a case of extreme road rage with deadly consequences.