Motorcycle Accidents

News & Analysis as of

Wisconsin Supreme Court Holds Insurer Is Entitled To Subrogation Despite Fact That Insured Was Not “Made Whole”

In Dufour v. Progressive Classic Ins. Co., 2016 WI 59 (Wis. 2016), Dairyland Insurance Company’s insured sustained physical injuries and damage to his vehicle following an automobile accident with an underinsured tortfeasor....more

Subrogation recovery did not violate the made-whole-rule and was not in bad faith per Wisconsin Sup. Ct.

It is highly unusual to find an insurance bad faith case which stems from an insurance company’s subrogation recovery. On July 6th, Wisconsin’s highest court had such a case, reversing the appellate court and holding that...more

5 Stages of a Motorcycle Accident

If you have been involved in a motorcycle accident in the San Fernando Valley, your health should be your main priority. Some injuries can go undetected, but lead to major inconveniences down the road. Others are more...more

Road Rage and Motorcycle Accidents

It’s no surprise to anyone who has driven in Southern California that the term “road rage” was coined by a Los Angeles news team to describe the level of aggravation many drivers feel after sitting in traffic on the 10, 405...more

I Was Injured in a Motorcycle Accident: What Can I Recover?

As much as motorcyclists may not want to admit it, the injuries suffered by a rider or passenger of a motorcycle involved in a crash are often far more severe than those suffered by a driver or passenger in a car. Without...more

Preserving the Chain of Evidence After an Auto Accident

The moments immediately following an auto accident can be stressful for drivers and passengers, especially when they sustain injuries. An accident scene can become a confusing hub of activity when police officers, tow trucks,...more

Motorcycle Accidents and a “Contract for Safety”

Motorcycle accidents are all too common in the San Fernando Valley. Whether its riders coming to or from the windy canyon roads or those using their bikes as an opportunity to avoid some of the 101’s notoriously heavy...more

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

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