A recent fatal motorcycle accident provides a cautionary tale for those who ride motorcycles.  A female passenger was killed when the motorcycle operator lost control of the bike while trying to negotiate a turn.  Despite the specialized knowledge and skill required to safely operate a motorcycle, the rider had only a permit rather than a driver’s license that authorized operation of motorcycles.  While the male driver operating the motorcycle had a helmet certified as meeting minimum safety standards by the Department of Transportation (DOT), the passenger who was ejected off the rear of the motorcycle was wearing only a novelty helmet.  The driver suffered minor injuries, but the passenger died at the scene of fatal head injuries.

There are a number of lessons to be extracted from this tragedy, which represents almost a point by point illustration of what not to do when riding a motorcycle.  Our condolences go out to the family of this fatal motorcycle accident victim as well as our hopes that future lives may be saved by learning from the mistakes involved in this fatal motorcycle accident.  We have enumerated the lessons to be extracted from this tragedy below:

Never Operate a Motorcycle without a License: It is not a matter of chance that a standard driver’s license does not provide consent to operate a motorcycle on Mississippi roadways.  Motorcycles handle differently than a car and require special skills that are not necessary for the safe operation of a car, truck or SUV.  The special requirements involved in obtaining a motorcycle driver’s license are intended to ensure that riders have the basic knowledge and ability to safely operate a motorcycle.

Rider Inexperience Is a Common Cause of Motorcycle Accidents: While negligent drivers of passenger vehicle often cause serious motorcycle accidents, rider inexperience also causes a substantial number of motorcycle accidents.  Anyone planning to ride a motorcycle should take a course or practice in perfect conditions prior to taking to Mississippi highways.

Passengers Change the Handling of a Motorcycle: Many motorcycle enthusiasts that believe they can safely operate a bike do not understand the change in balance and handling that comes with transporting a passenger.  The extra weight and shift in the distribution of weight caused by a passenger can radically change the way a bike handles especially when navigating turns or curves.  One should never head out on the busy roadways of Mississippi without first experimenting with a passenger in an empty parking lot or other protected area.

Novelty Helmets Are Like Wearing No Helmet: The difference between a helmet certified by the DOT and a novelty helmet without such a certification could not be more vividly displayed than in this tragic motorcycle accident.  The motorcycle operator with a helmet that met applicable DOT safety standards did not suffer serious injury while the rider with a novelty helmet suffered fatal head injuries.  While novelty helmets look like safety certified helmets, they generally have minimal or no impact absorbing padding inside the helmet.  The protective outer shell of a novelty helmet also does not meet minimum standards for resistance to penetration by foreign objects.  These non-approved motorcycle helmets also lack retention systems sufficient to ensure that the helmet is not dislodged from a rider’s head on impact.  All a rider must do to determine if a helmet meets minimum safety standards is to look for the DOT symbol stamped on the inside of the helmet.

Any motorcycle accident that results in catastrophic injury or wrongful death is a tragedy.  Hopefully, riders learn from the mistakes of this motorcycle operator so that future lives are saved and serious injuries averted.  At the Nahon Firm, PLC, we will fight to help you win your Tennessee motorcycle accident case.  We treat our clients with the utmost compassion and respect.  Call us today and speak with a Nashville motorcycle accident attorney to discuss the details of your case at (615) 324-2000.

Drivers that are engaged in text messaging while driving pose an extremely dangerous risk of accidents for motorcycle riders.  Motorcyclists are less visible than other motorists even when the driver of the passenger vehicle is paying full attention to the roadway.  When a driver’s hands, mind and eyes are focused on texting rather than the roadway the results can be motorcycle accidents that result in catastrophic injuries and fatalities.  While most motorcycle riders are aware that a personal injury or wrongful death lawsuit may be filed against a driver who causes a motorcycle collision because the driver is texting and driving, a pending lawsuit suggests an interesting new theory of liability in text messaging motorcycle accidents.

The pending New Jersey lawsuit involves the texting driver of a pickup truck who struck a motorcycle resulting in serious injuries to both the person operating the motorcycle and his passenger.  Both the motorcycle and passenger had a leg amputated following the motorcycle accident.  The driver of the pickup truck drifted into the adjacent lane while text messaging and slammed into the motorcycle.  While the lawsuit against the driver of the pickup truck has been pending for some time, the plaintiffs have now added the person who was sending text messages to the driver as a defendant.

The plaintiffs contend that while the person who sent the text messages was not physically in the vehicle the sender was “electronically present.”  They equate the situation to passengers who enable a drunk driver to violate traffic safety rules.  Predictably, the person who sent the text message has argued that there is no basis for imposing liability on someone who was not in the vehicle that caused the accident.  The party that sent the text contends that it was reasonable to presume the driver would pull off the side of the road or otherwise wait to respond to the text until it was safe to do so.

This is a very novel theory and one that may have some merit as a theory of liability in text messaging motorcycle accidents.  The question of imposing liability on the party that sent the text message may turn on the issue of foreseeability.  It is true that liability may be inappropriate if only a single text message was sent because the sender might have no way to know that the defendant was driving.  However, the situation is very different if the sender knew that the defendant was engaging in an ongoing texting session while behind the wheel.  In this situation, the sender would not only be aware of the risk but would have facilitated the dangerous activity.  The sender will probably counter that she presumed the driver was texting while stopped at red lights or had pulled over.

This is a very interesting issue especially because the role of text messaging as a cause of motorcycle accidents and other motor vehicle collisions has become such a major issue.  While it is certainly conceivable that liability could be imposed especially if the sender knew that the driver was engaging in the texting session while traveling in his vehicle, the implications of such a decision might impact other types of driver distractions.  If liability is imposed on those sending texts to drivers operating a motor vehicle, it is impossible not to wonder whether the next step would be imposing liability on passengers that are carrying on conversations with distracted drivers.  It might even make more sense to impose liability on passengers engaged in conversations with drivers because they are physically present and should know that they are distracting the driver.

If you are injured or lose a loved one in a Tennessee motorcycle accident to a distracted driver who is texting while driving or is otherwise not paying attention to the road, the Nahon Firm provides tenacious advocacy on behalf of Tennessee motorcycle accident victims.  We treat our clients with the utmost compassion and respect.  Call us today and speak with a Nashville motorcycle accident attorney to discuss the details of your case at (615) 324-2000.

A new report released by the Governors Highway Safety Association last month indicates that the motorcycle fatality rate has substantially declined for the first time in over a decade.  According to the initial data, the number of fatal motorcycle accidents across the country dropped sixteen percent during the most recent year for which data is available.  While the complete data is not yet available, the full amount of the decline based on the full year data is expected to exceed ten percent.

While the report indicates that part of the reason for the decline is the slow economy and less travel, this may be less relevant where motorcycles are concerned.  Many people are riding motorcycles more because of the high price of gas so the general economic malaise may not have as much impact on motorcycle fatality rates as those of other motor vehicles.

Other reasons that the report cites for the decline include fewer new inexperienced riders, greater focus on motorcycle safety issues and an increasing number of riders abstaining from riding by poor weather.  There are other factors that may also have a substantial impact on the decline in fatality rates in motorcycle collisions.  One major and ironic contribution to the motorcycle accident fatality rate may be safety developments in passenger vehicles.  Improvements in crash avoidance systems that warn motorists of the presence of a motorcycle also may have contributed to the decline in motorcycle accident fatalities.

Because motorcyclists are disproportionately involved in collisions with other vehicles, riding a motorcycle remains substantially more dangerous than traveling in other vehicles.  Motorcyclists are particularly susceptible to injury caused by the negligence of passenger vehicles, including driving while intoxicated, driving while distracted and otherwise violating traffic safety laws.  Although the improvements in motorcycle fatality rates is an encouraging sign for Nashville motorcycle accidents.

If you lose a loved one in a fatal Tennessee motorcycle accident, our experienced Tennessee motorcycle accident attorneys may be able to pursue a wrongful death action.  A Nashville wrongful death claim may result in compensation for the losses of your loved one as well as your personal losses related to losing someone you love.  At the Nahon Firm, PLC, we will fight to help you win your motorcycle accident case.  We treat our clients with the utmost compassion and respect.  Call us today and speak with a Nashville motorcycle accident attorney to discuss the details of your case at (615) 324-2000.

As a growing number of states repeal or soften their mandatory motorcycle helmet laws, the cost in human life, personal injury and societal health costs is rising. The impact of this shift away from universal mandatory helmet laws in many states is reflected in statistics involving motorcycle fatality rates.   Because motorcyclists are completely exposed and vulnerable when they ride, motorcycle accidents have a much higher probability of resulting in catastrophic injuries like traumatic brain injury, spinal cord injuries, internal organ damage and other similar injuries or wrongful death.

Unlike passenger vehicles, motorcycles offer no structural protection for the body or other safety equipment like airbags and seatbelts.  These inherent differences between motorcycles and passenger vehicles combined with a high rate of serious head injuries often suffered by motorcyclists led states to implement mandatory helmet laws. A number of states have begun to repeal these laws based on personal liberty and freedom of choice considerations, but the human and economic costs of the decision to repeal and soften these laws are already becoming apparent.

The evidence supporting the proposition that passenger vehicles are far more dangerous than motorcycles is overwhelming.  Federal government crash data suggests that a motorcyclist is 37 times more likely to die in a fatal collision per mile driven than someone who is in a passenger vehicle.  Fewer than half of all states currently have mandatory helmet laws for all motorcyclists despite the fact that head injuries are the leading cause of death for those involved in motorcycle accidents.

At one point, the federal government offered incentives to states to encourage universal helmet laws, which resulted in a substantial reduction in the number of fatal motorcycle accidents.  However, many states have now started to repeal these laws or to weaken them significantly by having them only apply to young riders who are under age 21. In Florida, for example, the state weakened its mandatory helmet law in 2000 so that it did not apply to riders over 21 who carried at least $10,000 in medical coverage.  A study conducted after the change by the Insurance Institute for Highway Safety (IIHS) indicated that young riders were 97 percent more likely to die in a motorcycle crash after the law changed.  This change in the law corresponded with a substantial reduction in the number of young riders that used motorcycle helmets, which declined from 72 percent to 55 percent.

The study conducted by the IIHS also revealed mandatory helmet laws that apply only to younger riders are difficult to enforce.   Less than half of riders under 21 who were required to wear helmets that were involved in fatal motorcycle accidents were found to have done so.  The effectiveness of universal mandatory helmet laws also is reflected by the fact that fatality rates for those involved in motorcycle accidents is between 20 to 40 percent lower in those states that have universal helmet laws.

Tennessee is one of the majority of states that has a universal motorcycle helmet law, but the law can only prevent fatal motorcycle accidents involving severe head injuries if riders actually where a helmet.  Despite objections based on freedom of choice, there can be little argument that motorcycle helmets reduce the risk of suffering a serious head injury in motorcycle accidents and save the lives of many Tennessee motorcyclists.

There is no dispute that motorcycle riders face a greater risk of accidents resulting in serious injuries and even wrongful death.  The Motorcycle Industry Council reports that 59 or every 100,000 registered motorcycle is involved in a fatal crash whereas only 13 in every 100,000 cars are involved in a fatal collision.  Unfortunately, the dangers that face motorcyclists seem to be increasing because the percentage of fatal motorcycle collisions rose in 2010 while sales of motorcycles substantially declined.  There may be good new on the way though as changes in the motor vehicle safety features of all vehicles may soon make the roads safer for motorcycle enthusiasts.

There is a specific change to motorcycles that may protect them in accidents.  A number of companies are experimenting with “air bags” for motorcycles.  There are a number of different versions of motorcycle air bag prototypes.  Some inflate from the under the handlebars of the bike while others are worn like a jacket and inflate around a rider in the event of a motorcycle collision.  The idea is to provide a protective barrier between the rider and the hard surface of the roadway.  While these motorcycle safety devices offer promise, they are still extraordinarily expensive so they are not really feasible for the retail market.  However, it is safe to assume that as technology improves these types of equipment may become standard equipment that is pre-installed on a motorcycle.

The safety equipment that offers the most promise for motorcyclists at the present is actually installed on passenger vehicles.  More passenger vehicles are coming equipped with collision avoidance systems.  While there are a multitude of kinds of crash avoidance systems, they alert a driver with an alarm when the movement of a vehicle is projected to result in an impending collision.

A classic example of how this type of technology might make motorcyclists safer could include a scenario where a driver of a passenger vehicle making a lane change after failing to check for a motorcycle in the passenger vehicle driver’s blind spot.  Situations where a motorcyclist has clearly established his or her position in a lane and is struck by a driver who executes an unsafe lane change because the driver fails to turn his or her head and look for smaller motorcycles is common.  This type of collision prevention technology could go a long way to prevent such collisions.

Another type of safety equipment, which is currently being developed and may soon be routinely installed in many passenger vehicles, is anti-distraction systems.  Again, the prototypes vary greatly but the basic idea is that the technology senses when a vehicle seems to be drifting from its lane and may even monitor the driver’s typical driving behavior so that it can sound a warning when the driver appears to be acting fatigued or distracted.  While distracted drivers, such as drivers that engage in text messaging when driving put all other motorists at risk, the danger is greater for motorcyclists because they have less margin for error and need more time to respond to sudden driving emergencies.

While eventually motorcycle accident and fatality rates will improve as these safety features become more widely incorporated in new vehicles, anyone who rides a bike will always be more vulnerable to the negligence of other drivers than those who drive passenger cars, trucks and SUVs.  Our team of experienced Nashville motorcycle accident attorneys is here to answer your questions and explain your legal rights and remedies so call us today and speak with a Nashville family law attorney to discuss the details of your case at (615) 324-2000.

The sudden downfall of Arkansas head football coach Bobby Petrino exposed the fragile nature of a motorcycle enthusiast’s life when sharing the road with other vehicles.  A week ago Coach Petrino was set to receive $3.53 million in salary for the upcoming college football season and an $18 million dollar bonus.  His team was expected to contend for a national championship.  The police report prepared by the officer that investigated the motorcycle crash disclosed that a woman who it is alleged Coach Petrino was having an affair with was a passenger at the time of the collision.

It is ironic that it took nothing more than a strong gust of wind to topple Coach Petrino’s personal and professional life.  According to media reports, Petrino indicated that the cause of his motorcycle accident was a strong wind that caused him to lose control of the bike.  Motorcyclists are inherently more vulnerable than those operating cars, trucks and SUVs because of the lack of stability of motorcycles.  When a motorcyclist is transporting a passenger, this can make controlling a motorcycle even more difficult because of the additional weight.

While the motorcycle collision does not appear at this stage to have been caused by another motorist, many times severe motorcycle collisions occur because riders attempt to engage in maneuvers that test the limits of a motorcycle’s handling when trying to respond to the negligence of another motorist.  A common situation involves a passenger vehicle driver failing to check his mirrors before moving into the path of a motorcyclist in an adjacent lane.  Motorcyclists are also completely at the risk of distracted motorists who rear-end the rider because they are texting or talking on the phone.  While rear-enders can sometimes be a relatively minor accident when it involves two passenger vehicles, this is not the case when the vehicle struck from the rear is a motorcycle.

Petrino’s motorcycle accident provides a grim reminder that it is imperative for motorcycle riders to take extra care when riding in any form of adverse weather.  Wet and icy roads are extremely dangerous for motorcycles because of their lack of stability and relatively narrow tires, which may result in less traction.  Fog is also dangerous because it may substantially reduce visibility for motorcyclists who have a small window in which to safely respond to hazards even under the best of circumstances.  As Petrino’s accident shows, even a strong wind can pose a motorcycle accident risk for riders.

If you or someone you love has been injured in a serious motorcycle accident, the experienced Nashville motorcycle attorneys at the Nahon Firm provide the expertise that comes from not just a knowledge of the law but experience riding motorcycles.  We have knowledgeable attorneys on staff that understand the hazards and risks that motorcyclists face because our attorneys face those same dangers when they ride. Our Nashville motorcycle accident attorneys are here to answer your questions and explain your options so that we empower you to make the right choices for you.  Call us today and speak with a Nashville motorcycle accident attorney to discuss the details of your case at (615) 324-2000.