Inattentive drivers are not just a threat to motorcyclists — they endanger everyone on or near the road; from pedestrians to emergency personnel.
All across the U.S. alarming numbers of motorcycle fatalities occur when negligent drivers cause motorcycle accidents by failing to yield to bikers with the right-of-way, turning into or cutting off the rider. When a two-ton-plus vehicle collides with a motorcycle, the riders (and their passengers) always get the worst of it if they lack protection. When a driver’s inattention causes a bike rider’s (or passenger’s) injury or wrongful death, the injured victim, or their family, should contact a seasoned motorcycle accident lawyer – such as the northwest Ohio and southeast Michigan injury law firm of Gallon, Takacs, Boissoneault & Schaffer Co., L.P.A., of Toledo, Ohio – to recover medical expenses, lost income, pain and suffering, and all other rightful damages.
Recent research by the National Highway Traffic Safety Administration (NHTSA), reveals that almost half (49 percent) of all fatal motorcycle crashes in 2011 and 2012 involved an automobile, pickup truck or SUV. And according to the Ohio Department of Public Safety, 3,870 motorcycles were involved in wrecks in our state in 2014: 141 were fatal, and 2,910 resulted in rider/passenger injury. In 125 of the recorded fatalities, the motorcycle operator was killed, and in the remaining fatal motorcycle accidents, the passenger died. Some contributing causes were speed, rider inexperience, dangerous surfaces and road obstacles.
But a noticeable number of motorcycle wrecks are caused by another kind of negligent motorist. The NHTSA also calls distracted and inattentive drivers significant contributors to all motor vehicle crashes, including motorcycles.
According to NHTSA, driver inattention is a primary cause of vehicle crashes and near-crashes. In a companion study with the Virginia Tech Transportation Institute (VTTI), NHTSA disclosed that four in five crashes and 65 percent of near-crashes were the result of driver inattention immediately before the wreck. It especially cited cell phone use (both conversations and texting), but other distractive behaviors were also mentioned.
Virtually every state has enacted new legislation to combat distracted or inattentive driving over the past several years. However, virtually all of these new laws focus almost exclusively on cell phone conversations and text messaging, even though other “low-tech” distracted driver behaviors remain relatively unaddressed, such as:
Any driving distraction, coupled with a general inability to see smaller motorcycles and their riders, is a recipe for trouble; because all driver inattention is negligence.
A few of these more aggressive new laws call for distracted or inattentive drivers who cause a crash to suffer enhanced (or greater) penalties that are similar to punishments for driving under the influence of alcohol or drugs. This approach holds violators directly – and seriously – accountable for their negligence, and the more serious criminal conviction works against them if they must answer for their negligent actions in civil court.
Receiving full and fair compensation when a motorcyclist is hit by an inattentive driver is challenging because insurance companies don’t necessarily pay enough compensation to injured victims to cover past and future losses without a seasoned lawyer representing them. Gallon, Takacs, Boissoneault & Schaffer’s staff, medical experts and economists calculate the cost of ALL your rightful damages and then aggressively work to recover them through focused settlement negotiations or at trial. Please call our Toledo, Ohio, office at 567-455-5470 or contact us online to schedule a free consultation.
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Hunter suffers shotgun wounds to leg in hunting accident – $300,000 (insurance limits)
Young father and husband suffers crush injuries from defective cornpicker – $475,000
Man struck and killed when bolt breaks on grain auger – $400,000
Fall on black ice at apartment complex and suffers severe and permanent nerve damage – $700,000
Blind man falls on steps at rented property resulting in severe injuries – $450,000
17 year old paralyzed after second floor porch rail fails resulting in fall to concrete below – $400,000 (insurance limits)
$725,000 – Neurosurgeon negligence resulting in permanent injury
$300,000 – Obstetric nurse failed to recognize signs of fetal distress, resulting in the death of the fetus
$275,000 – Family physician negligently failed to treat infection in a patient with prosthetic heart valve resulting in death
Family practice physician failed to recognize and treat MRSA infection, resulting in serious injury for woman requiring skin grafting and permanent need for pain medication – $225,000
$900,000 – Single adult male struck by transit authority bus, resulting in death
$400,000 (sued employer) – Man falls to death at work from fixed ladder that did not meet OSHA safety requirements
$400,000 – Claim for family in electrocution death of 17 year old boy
$400,000 (bankrupt default) – Man crushed to death in giant stamping press when safety switch fails
$2,250,000 – Young husband and father suffers permanent disabling injuries when backed over by a front end loader
$1,000,000 (policy limits) – Man dies following severe burns in steel mill ladle incident –
$750,000 – Man severely injured when pallets that are improperly loaded, fall and strike him in the head
$400,000 – Electrical pole falls at jobsite, causing severe injury
$390,000 – Bolt from cut off steel beam falls from rafter, striking worker below, causing neck injury
$300,000 (bankrupt default) – Man killed on unguarded automatic welding machine
$300,000 – Improperly guarded production line press fires unexpectedly, causing partial loss of three fingers
$265,000 – Man suffers severe ankle and leg fracture following fall from roofing job after employer failed to provide fall prevention safety equipment
$1,000,000 (policy limits) – Retired autoworker suffers leg amputation and severe injury to other leg and arm when semi truck swerves left of center and hits small pickup head on
$650,000 – Construction worker on way to job site critically injured when semi truck overturns on Ohio turnpike entrance ramp
$600,000 – Semi truck runs red light, causing collision and causing arm injuries, multiple surgeries and permanent limitations
$2,500,000 – Pick up truck loses control on icy turnpike, causing violent crash resulting in disabling injuries Learn More
$1,250,000 – Truck pulling equipment trailer fails to yield at stop sign and kills motorcycle rider
$2,440,000 – Truck driver suffers crush injury to foot, when steel falls from loaded trailer
$2,250,000 – Wrongful death of man at construction site due to crane accident
$1,500,000 – Injury at construction site, resulting in broken leg, multiple surgeries and nerve damage
$1,100,000 – Crane failure resulting in death
$800,000 – Construction worker falls to death at steel mill construction project through unguarded opening in catwalk 50 feet off the ground
$700,000 – Crane injury at construction site, resulting in nerve damage
$700,000 – Wrongful death of worker at jobsite by defective crane
May is Motorcycle Awareness Month. It’s the time
When you sustain a serious disability, the resulting
When you sustain a disability that prevents you
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