Motorcycle Accidents

News & Analysis as of

Need for Speed Accounts for More Than 1/3 of Accidents

According to the National Highway Traffic Safety Administration (NHTSA), there were an estimated 5.7 million auto accidents in the United States in 2013 resulting in approximately 32,720 fatalities. Speeding was a factor in...more

Brain Injuries More Common than Many Americans Think

Traumatic brain injury is a trauma to the brain that is caused by an external force. A significant brain injury can leave an individual with cognitive impairments that affect perception, memory, communication or judgement, as...more

Decoding Illinois Helmet Law

In Illinois, motorcycle crashes account for just 1.5 percent of the total number of crashes in the state, yet 16.7 percent of the fatal crashes in the state involve motorcycles. This is significantly lower than the 9.1...more

Bad Faith Sentinel - September 2015

Kennedy v. Allstate, No. 15-2221 (E.D. Pa. July 8, 2015). District Court recognizes possibility that insurance adjusters owe a duty of care to insureds that would be breached by failing to conduct a reasonable...more

Court of Appeals of Wisconsin: Insured Must Be “Made Whole” For Total Loss Before Insurer Can Recover Subrogated Funds

Dufour v. Progressive Classic Ins. Co., No. 2014AP157, 2015 WL 4275292 (Wis. Ct. App. July 16, 2015). The Court of Appeals of Wisconsin reverses the Circuit Court for Dodge County and remands for proceedings on damages...more

How Driver Negligence in an Accident Lawsuit is Determined in Court

What is negligence? In any auto, truck, bus or other kinds of on-road collision, it is an act or failure to act that causes an accident. Negligence is failure to follow the rules of the road, which might include running a...more

What is a Brachial Plexus Injury?

Were you recently injured in a car accident only to find that your fingers are tingling or numb? An injury which causes trauma to the nerves in the neck can result in a brachial plexus injury. Injuries to the brachial plexus...more

New Bill May Put Motorcyclists' Lane-Splitting in Focus

As a motorcyclist for 30 years, I must admit I did my fair share of lane splitting: Bypassing most of the stalled traffic on the 101 by traversing the white, dashed lines – waving a thank you to the handful of four-wheeled...more

NC Court of Appeals’ first Daubert decision in a civil case: expert allowed to testify as to cause of fatal accident

As I previously posted, in 2011 North Carolina became a Daubert state which raised the bar for the admissibility of expert testimony in NC state courts.  In April of 2015, the NC Court of Appeals issued its first decision...more

New Jersey Casts a Broader Net (Opinion Rule)

It wasn’t too long ago that, down the shore, New Jersey hosted one of the most notorious litigation hellholes in the country. That’s not the case anymore, as the current (2014-15) ATRA Judicial Hellholes report explains in a...more

Eleventh Circuit: Summary Judgment For Insurer Improper Where Fact Question Remained About Whether Insurer Acted In Bad Faith By...

Geico Gen. Ins. Co. v. Gould, No. 14-10913, 2014 WL 7013971 (11th Cir. Dec. 15, 2014) (per curium). The U.S. Court of Appeals for the Eleventh Circuit reversed a grant of summary judgment for an insurance company. It...more

4 common motorcycle accident injuries

When a biker is involved in a motorcycle accident in Chicago, their entire lives are often turned upside down. Due to the lack of protection that a bike offers to its driver, accident injuries are often severe for...more

Motorcycle Helmet Laws in California

Do California motorcyclists have to wear helmets? The answer is a resounding yes. California Motorcycle Helmet Law - In fact, California law (California Vehicle Code, Division 12, Chapter 5, Article 7, Section...more

Study: Drivers’ perception tied to motorcycle accidents

All too often, Illinois residents encounter headlines involving motorists failing to stop for motorcyclists. A motorcycle accident in Chicago recently occurred, clearly unfolding the scenario once again. Two men were...more

Insurance Alert: Explanation of Benefits Form Does Not Expand Policy's Underinsured Motorist Coverage

In Elliott v. GEICO (No. C072129, filed 11/19/14), a California appeals court held that an explanation of benefits form supplied with a motorcycle policy did not become part of the policy or expand the statutorily authorized...more

Legal Ramifications of Cool Weather Motorcycle Accidents

There is an assumption that motorcycle riders disappear in the Fall and Winter months. It is true that when the weather begins to cool down, fewer motorcycle accidents normally occur in the northeastern United States. Unlike...more

Common Motorcycle Accidents and How to Avoid Them

As thrilling and freeing as it may be, let’s face it: Riding a motorcycle can be dangerous. Especially in Los Angeles and the San Fernando Valley, where road rage seems to be at an all-time high. As a motorcyclist, you...more

Hit & Run Motorcycle Accidents

As many Los Angeles County residents have witnessed firsthand, motorcycle accidents are all too common. From the curves of Mulholland Drive to the Gridlock of the 405, motorcyclists and drivers compete for space on a...more

“A Parking Lot Is Not Just A Parking Lot”: Scooter Accident Was WSIB Issue, Employee’s Lawsuit Barred

An employee’s motor scooter accident in her employer’s parking lot was a Workplace Safety and Insurance Board issue, so the employee was not entitled to sue the employer in the court, the Ontario Workplace Safety and...more

Motorcycle Accident Deaths and Injuries Increase As Overall Traffic Accident Casualties Decrease

Studies have shown at the national level overall traffic fatalities have been declining year over year. For motorcyclists though, it's not such a rosy picture. A report by the Governor’s Highway Safety Association or...more

costa Mesa Man Dies in Motorcycle Crash

A 30-year-old Costa Mesa man has died after colliding with a van driven by an unlicensed teen, according to a news report. ...more

Car vs. Motorcycle Accident: Who’s at Fault?

Even if you ride a motorcycle and have never been in an accident, it is likely that you know someone who has. Motorcyclists often blame the growing number of accidents on car drivers distracted by their cell phones, while car...more

Santa Ana Woman Killed in Motorcycle Crash

A 27-year-old Santa Ana woman has been killed in a motorcycle crash on the 55 freeway, according to a news report. ...more

Jordan v. Binns: The Seventh Circuit Grapples With Multiple Levels of Hearsay

The Seventh Circuit has a gift for lawyers looking to brush up on the Federal Rules of Evidence. It comes wrapped as last week’s decision in Jordan v. Binns, No. 11-2134 (7th Cir. Apr. 4, 2013), where the court examined...more

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