Articles Posted in Motorcycle Accidents

If you’ve ever been in an accident and tried to collect an accident settlement from an attorney, then you know just how complicated, stressful and frustrating the process is. What should be a matter of asking and receiving the correct amount of money for your accident settlements is actually much more complicated than that and not nearly as straightforward as you may think.

The truth is, if you know what you are doing, you should be able to negotiate the right accident settlement without even hiring an attorney.

You may be wondering why that would be a good option. In fact, it often seems as though you would want a lawyer on your side during such a complicated process. There are a couple reasons hiring an attorney is not necessarily the best idea.

A Seattle woman, who fell asleep while she was participating in the Hoka Hey Challenge cross-country motorcycle race and hit two bicyclists, has entered a plea agreement which will cause her to be confined for up to 16 months.

Vik Livingston, 54, was riding in the 8,000 mile “Iditarod of Harley Davidson’s” when the motorcycle-bicycle accident happened near Nenana, Alaska.

Livingston had claimed that she swerved to avoid a braking car when she hit Andy Hutten and Karen Schaad who were riding bicycles on the shoulder of the road. However, the accident was consistent with a rider who had fallen asleep.

Hutten suffered a bad cut to his leg . Shaad’s injuries were much more serious and she suffered a chipped vertebrae and a cracked pelvis. Both bicyclists suffered bad road rash , a severe skin abrasion, because they slid approximately 30 feet on pavement.

Livingston was also seriously injured with cracked ribs, a punctured lung and a broken clavicle.

Livingston was originally charged with 2nd degree felony assault but the charges were reduced to 4th degree misdemeanor assault. It is unclear at this time whether Livingston will be sentenced to jail time or whether she will be electronically monitored at home in Seattle.

She was also ordered to pay restitution to the victims who have also filed charges in civil court for their damages.

The 2010 race was not without other accidents. Another rider died after falling asleep during the race and another died after losing control of his motorcycle and crashing.

The penalties seemed harsh to some who were writing in the blogosphere. However, falling asleep at the wheel is a negligent act because most drivers feel sleepy or drowsy before they fall asleep and have the opportunity to pull over, take a nap or drink coffee. There is a legal term, “Rebuttable presumption”, which means that the court will view the driver negligent without the driver having a chance to explain.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in car accidents, motorcycle accidents and bicycle accidents and the family of those killed. With our help, you may recover compensation for your damages.

Source:
Fairbanks Daily News-Miner – Charges set for motorcyclist who hit two people on bicycle 
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The Washington State Patrol is reporting that two people in a passenger vehicle were killed in an accident on Interstate 90 near the summit of Snoqualmie Pass this morning around 11:50am. At least two semi-trucks were involved in the motor vehicle accident.

While the Washington State Patrol is investigating , it appears from news photos that the passenger vehicle was crushed between two semi-trucks. A third semi-truck may also be involved.

At this point, the cause of the accident has not been determined nor do we know if there are any others injured. However, there is heavy construction on I-90 and the eastbound lanes have been funneled down to one lane for a 6-day period while engineers prepare the opening of a new section of highway.

The construction work on the highway has caused considerable traffic slow-downs and long delays. The Washington State Department of Transportation reports that the accident, near milepost 56, has caused a 7 mile-long traffic backup.

When there is road construction, drivers must pay close attention to speed limits and also to slowing traffic.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle and trucking accidents and the family of those killed.

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Sommarly Suon, 26, of Everett has died of injuries she received when she was involved in a motorcycle accident in Bellevue on Wednesday night around 7pm.

Suon was a passenger on a motorcycle when it hit a barrier on the westbound I-90 interchange at I-405. Both the motorcycle driver and Suon were thrown from the motorcycle and fell 40 feet below.

Suon was taken to Harborview Medical Center in Seattle where she was pronounced dead.

The driver of the motorcycle, a 20-year-old Bothell man was also taken to Harborview Medical Center with critical injuries.

The Washington State Patrol is investigating the accident but reported that both Suon and the motorcycle driver were wearing helmets. No cause of the accident was provided at this point.

This particular highway interchange does appear to be a challenge to drivers, and especially motorcyclists, because it is an especially tight turn.

Car and truck accidents have declined markedly in the past five years but motorcycle fatalities have actually been increasing in some states. Motorcycle helmets are estimated to save about 1800 lives every year and states that have strong motorcycle helmet laws benefit with lives saved. Unfortunately in this accident, both of the victims fell a substantial distance.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those killed.

Source: Everett woman dies after motorcycle crash, The Bellevue Reporter, Sep. 01, 2011
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A Ohio jury has awarded a a $1.1M injury award to a man who suffered a traumatic brain injury in a motor vehicle accident when a police officer turned into his path, resulting in a collision.

Henry Jontony, 48, was injured when a police officer, responding to a non-emergency call, turned suddenly into Jontony’s path.

Jontony suffered a concussion and injuries consistent with whiplash in the accident. He was eventually diagnosed with a traumatic brain injury which left him permanently disabled. His symptoms included confusion, short-term memory problems, anger management, and problems with filtering out background noises. His long term care costs are estimated at $5M and his medical costs are about $41,000.

Jontony and his family sued both the police officer and the city where the police officer worked under the “vicarious liability.” Respondeat superior — also known as vicarious liability — is the doctrine that employers are liable for negligent or acts of their employees when the act that caused harm was within the course of the person’s employment.

The attorney for the city argued that Jontony’s injuries were not so severe as he was still able to drive a car and live at home. The jury, however, awarded just about $1.1 million including $50,000 to Jontony’s spouse for “loss of consortium.” Loss of consortium refers to “loss of companionship” or the inability of a person’s spouse to have normal marital relations.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents caused by the negligence of another. With our help, you may recover compensation for your damages.

Citation: Jontony v. Colegrove, No. CV-08-677987 (Ohio, Cuyahoga Co. Com. Pleas July 1, 2011).

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Speeding is a huge factor in traffic accidents and speeding was the leading contributing cause for car accidents in Washington State. In 2009, there were 8,744 traffic accidents in King County alone where speeding was a contributing factor.

Speeding can be deadly because it increases a driver’s stopping distance, reduces maneuverability around curves and increases the distance a driver travels when reacting to situations such as cars stopping ahead of them. Speeding is also associated with other risky behaviors such as drinking and driving, aggressive driving and distracted driving.

The Washington Traffic Safety Commission has been working on changing driver behavior in an effort to reduce traffic accidents. To that end, they helped fund King County Target Zero Task Force which provided extra law enforcement patrols that specifically targeted speeding drivers.

The Seattle PI.com
reports that between July 15 and August 7, the emphasis patrols wrote 1,245 speeding tickets and also made three DUI arrests, three felony arrests, four aggressive driving violations, 15 cell phone citations, six seat belt tickets, 50 uninsured motorist tickets and 15 suspended/revoked license violations.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those who have been killed.

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We saw an article posted on Transportation for America, an organization that campaigns for pedestrian safety, about a mother who was charged and found guilty of vehicular homicide after her young son was struck and killed by a hit-and-run driver.

How could this happen? Raquel Nelson, of Atlanta, was crossing the street with her children after stepping off of a bus at a bus stop located directly across from her apartment complex. Nelson and other people who lived at her apartment complex routinely crossed the road there to get home because the nearest crosswalk was a half mile away.

Nelson’s youngest son was struck and killed by a driver who than drove off. Nelson was charged and convicted because she had failed to walk the half mile in the dark to go to the nearest traffic signal. The jury convicted her of vehicular homicide and a judge sentenced her to probation and community service.

A charge of vehicular homicide is generally reserved for a person who is driving recklessly or driving under the influence of alcohol or drugs so it was quite a surprise that the Cobb County prosecutor decided to charge a grieving mother with a serious crime when she didn’t even own a car.

Transportation for America has started a campaign to get Nelson’s conviction overturned. We’ll quote them here:

What about the highway designers, traffic engineers, transit planners and land use regulators who allowed a bus stop to be placed so far from a signal and made no other provision for a safe crossing; who allowed – even encouraged, with wide, straight lanes – prevailing speeds of 50-plus on a road flanked by houses and apartments; who carved a fifth lane out of a wider median that could have provided more of a safe refuge for pedestrians; who designed the entire landscape to be hostile to people trying to get to work and groceries despite having no access to a car?

This article certainly makes one think about the plight of the approximately 4,000+ people killed in pedestrian accidents every year. Of those killed in pedestrian accidents, the old and the young are the most common victims because these are the citizens who walk. The elderly, age 70 and over, are the most at risk for being killed in a pedestrian accident with the rate of pedestrian accident death approximately 62% higher for people 70 and older than for people under the age of 70.

For more information about Transportation America’s campaign on Nelson’s behalf, click here, “Demand full pardon for Raquel Nelson“.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in pedestrian accidents and the family of those killed.

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The Washington State Patrol, in a media release, are asking motorcycle riders to slow down and obey traffic laws on the heels of five fatal motorcycle accidents on the North Cascade Highway (SR 20). In the last two months, there have been two fatal motorcycle accidents near Winthrop. There have been five fatal motorcycle accidents on the highway since January 1, 2010.

washington motorcycle accident lawyerThe WSP is placing special emphasis on safe driving on mountain highways and keeping speed down on curvy roads. Speed and impaired driving are the leading factors in motorcycle accidents throughout the state.

Motorcycle riders should also obtain their Motorcycle Endorsement. In nearly 40% of all fatal motorcycle accidents, the rider did not have the proper motorcycle endorsement. Getting a Motorcycle Endorsement involves taking an approved rider course with a trained instruction. Courses teach riders lane position, hazard avoidance and they work with the rider on skills such as braking, cornering, swerving and quick stops.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent motorcycle accident victims and their families.
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The family of James Madonia, 62, who was killed in a freeway motorcycle accident, has settled a wrongful death lawsuit for $1.02 with Horizon Communications and the driver they claimed was negligent in the accident, Arthur Murrieta.

Horizon agreed to pay $1 million of the settlement and Murrieta the remainder.

According to papers filed in Orange County Superior Court, Madonia’s family claimed that Murrieta was negligent in the accident because he failed to keep a proper lookout when he suddenly braked and swerved to avoid hitting another vehicle when he ran over Madonia, who was on the ground after colliding with another vehicle.

In their lawsuit, Madonia’s family claimed Horizon Communications Technologies under vicarious liability. Vicarious liability holds that employers and companies bear some responsibility for the negligent acts of their employees acting in the course or scope of their employment.

All the parties to the case settled before the lawsuit came to trial.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents with their injury claims and families who have lost a loved one with their wrongful death claims.

Source: Madonia v. Murrieta, No. 30-2010-00337626-CU-PO-CJC (Cal., Orange Co. Super. Feb. 15, 2011).

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The U.S. Congress is considering federal legislation aimed at making roads and highways safer for people on bicyclists and pedestrians. The House is considering H.R. 1780 the Safe and Complete Streets Act of 2011, and the U.S. Senate is considering Senate Bill 1056 led by U.S. Senator Tom Harkin.

The Washington State Legislature also has two bills pending which would amend the Revised Code of Washington (RCW) to ease design standards giving cities and municipalities more leeway in road design projects following “Complete Streets” principles: HB 1700 and HB 1701.

Between the years 2000 and 2009, 47,000 Americas were killed in pedestrian accidents and another 688,000 pedestrian were injured. The startling fact is that an American is injured or killed in a pedestrian accident every seven minutes.
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