Motorcycle - Car Collisions

Bikers like to spend most of their time cruising on the open road or winding through canyons. Only a small portion of motorcycle riding time is spent at intersections, but fully half of all Denver motorcycle accidents occur at intersections, according to the traffic safety commission. Of course almost the other half of accidents occur because drivers think they have more control than they really do and crash trying to do something stupid.

One reason that motorcycles are so vulnerable at intersections is because drivers simply do not see them. Drivers are usually looking out for other cars and may not notice something much smaller like a motorcyclist or bicycle rider. The best way to counteract this is to maximize visibility and follow the rules of a road. Many Denver motorcycle crashes are caused by riders who think they do not have to follow traffic laws. Weaving between lanes and making illegal turns are especially dangerous for riders because they have no protection. Getting into an accident on a motorcycle almost guarantees an injury. The car driver might not even have to call his insurance company, while you will need a Denver personal injury attorney just to pay your medical bills.

If you were injured on a motorcycle and were breaking the law, then you will probably be liable for the accident. At the very least, you will not be able to sue the other driver in a Denver injury lawsuit, unless your state has comparative negligence laws. Because of biker's bad reputation in driving, even if the crash was not their fault, police or insurance may blame you anyways. This is the case where you may need witnesses or a specialized traffic attorney. Motorcycle attorneys specialize in this kind of case.

If who is at fault is questionable, the easiest way to determine what the court will believe is to review the traffic and other pertinent laws. Right-of-way is an important law that many people violate. Sometimes traffic sensors have trouble detecting motorcycles at intersections, so this may be a defense if the light never turned. Remember that as a motorcyclist you have to yield to bicycles and cars just like anyone else. Always come to a complete stop at an intersection.

Cell phone and text messaging distractions in accident litigation

Written by Ken Shigley

When cell phones and then text messaging came along, a lot of folks just figured they could drive as safely talking on a cell phone as talking to a passenger. I was one of them. A couple of years ago we began to see reports of studies showing that driving while talking on a cell phone was as dangerous as driving drunk and that text messaging while driving is an even bigger distraction.

The recent train wreck in the LA area that killed 25 and injured 130 occurred when the train engineer missed a signal light while text messaging with teenage train enthusiasts. This may be the consciousness raising event that leads to changes in laws and enforcement practices comparable to what we saw a quarter century ago about driving while intoxicated.

Current state laws on this emerging topic include:

• Cell phones: California, Connecticut, New Jersey, New York and Washington, the District of Columbia and the Virgin Islands have banned driving while talking on handheld cell phones.
• Text Messaging: Alaska, Louisiana, Minnesota, New Jersey and Washington have a text messaging ban for all drivers.
• New Drivers: 17 states and the District of Columbia restrict all cell phone use by novice drivers.
• School Bus Drivers: In 16 states and DC, school bus drivers are barred from all cell phone use when passengers are present, except for in emergencies.
• Other rules: Some cities, such as Phoenix and Detroit, have cell phone laws, but nine states have preemption laws that prohibit local jurisdictions from enacting restrictions. Utah and New Hampshire treat cell phone use as a larger distracted driving issue.

My guess is that legislators around the country will soon pass more laws requiring use of hands free devices when talking on cell phones while driving and banning text messaging while driving.

In auto and truck accident litigation, we have become diligent about discovery of cell phone and text messaging records. With increased sophistication about electronic discovery, this will be an an even more important factor in accident litigation.

There are at least three potential uses of cell and text evidence:

1. The defendant's cell phone and text usage while driving may be considered "conscious indifference to consequences" sufficient to support an award of punitive damages, similar to drunk driving.
2. The plaintiff's cell phone usage at the time of the incident may be used as comparative negligence evidence to reduce or eliminate a damages award.
3. If the evidence reveals that a defendant driver was communicating with an employer, or to a customer on the employer's business, then the employer and its insurance policy may be drawn into the case.