During the last several years, motorcycle ridership has been on the upswing. Over 1,000,000 motorcycles were sold in 2006, and 5.8 million motorcycles were on the road in the United States as of 2004. With gasoline prices reaching record levels, many people are parking their cars and opting for the more fuel efficient motorcycle. In California where lane-splitting is legal, people are buying motorcycles to combat the increased congestion on the road. The last time motorcycle riding was so popular was in the 1970s. On the down side, the increase in motorcycles on the road leads to an increase in motorcycle accidents. Motorcycle fatalities in 2006 reached their highest level since 1981. The age of the average rider is also on the rise. An increase of people over 40 buying and riding motorcycles has led to a sad statistic--40% of all motorcycle accident fatalities are riders over the age of 40. Not surprisingly, riding a motorcycle can be more dangerous than driving a car. The motorcycle has only two wheels and lacks the stability of a four-wheeled vehicle. Furthermore, it takes more time to master driving a motorcycle than it takes to learn to drive a car. The motorcycle rider must be continually alert because a motorcycle is less visible than a car or truck. With more traffic overall, conditions are ripe for dangerous riding. Statistics In 1996, 2,175 people were killed in motorcycle accidents. That number rose to 4,652 motorcycle fatalities in 2006. Of the 59,373 fatal accidents (including non-motorcycle accidents) in 2005, 4,655 involved a motorcycle. For the same year, the total number of motorcycle accidents was 103,000. Of these accidents, about 80,000 involved some sort of personal injury and only 18,000 were limited to property damage. The trend is reversed for four-wheeled vehicles, with almost 75% being property-damage-only accidents. Head Injuries in Fatally Injured Motorcycle Riders A report entitled “Bodily Injury Locations in Fatally Injured Motorcycle Riders” was released in October of 2007 by the National Traffic Highway Safety Administration (NTHSA). The study suggests a direct correlation between helmet use and motorcycle deaths. The report defined the following injuries to the head: -
superficial injury of head; -
open wound of head; -
fracture of skull and facial bones; -
dislocation, sprain, and strain of joints and ligaments of head; -
injury of cranial nerves; -
injury of eye and orbit; -
intracranial injury; -
crushing injury of head; -
traumatic amputation of part of head; and -
other head injuries. One interesting statistic showed that among fatal motorcycle accidents, 51% were not wearing helmets, whereas only 31% of those wearing helmets suffered a head injury. The study also reported that 27% of motorcycle fatalities suffered head injuries only and that 34% suffered a head injury coupled with an injury to another location. Thus 61% of motorcycle fatalities involved a head injury of some type. Alcohol Related Accidents Alcohol can greatly increase the risk of a motorcycle fatality. However, the number of alcohol related fatalities in motorcycle riders has decreased. In 1995, 33% of the motorcycle riders involved in a fatal crash had a blood alcohol level (BAC) over .08%. In 2005, that percentage dropped to 27%, but 34% had a BAC between 0.01% and 0.07%. Fatal crashes involving riders between the ages of 35 and 44 had a BAC above the legal limit 39% of the time. Weekend nights saw the highest percentage of alcohol related fatalities with 61% of riders over 0.08%. Types of Motorcycle Accidents Riders should be aware of several different types of motorcycle crashes: -
Crashes involving other vehicles: about 75% of all motorcycle accidents involve other vehicles. It is not uncommon for the driver of an automobile or truck to not see a motorcycle and change lanes or turn into its path. -
Single-bike accidents: although most police reports will indicate the rider to be at fault in a single-bike accident, much of the time the accident is caused by road debris or other obstacles or hazards. Single-bike accidents can take several different forms including the high-slide, the low-slide and the “endo” (flipping the bike due to a sudden breaking of the front wheel). -
Rope or chains across paths: some property owners illegally place chains and ropes across trails in an attempt to keep bikers away. Property owners are not allowed to install such traps and can be held liable for any accident caused by doing so. -
Rear-end collisions: motorcycles are at a high risk of being rear-ended by heavier vehicles that cannot stop as quickly. -
U-turns: many car drivers do not look for oncoming traffic when making u-turns. Those who do may not see a motorcycle. -
Road debris: grease, motor oil, loose pavement, uneven surfaces, and potholes can all cause a motorcycle to lose control and crash. -
Car doors opening unexpectedly: many people exiting their cars do not see the oncoming motorcycle before swinging their doors open. The National Traffic Highway Safety Administration’s Motorcycle Action Plan The NTHSA recently announced its Motorcycle Action Plan to combat the increase of motorcycle fatalities over the past several years. Some of the more significant features of the plan include: - Conducting a study of the causes and outcomes of motorcycle crashes
- Developing standards for the training of new motorcycle riders
- Addressing the falsification of helmet certifications by amending the Federal Motor Vehicle Safety Standard (FMVSS) No. 218, which regulates motorcycle helmet safety standards
- Disseminating to road planners, designers, and engineers official guidance on design, construction, and maintenance of roadways to increase motorcycle safety
- Creating a law enforcement training program to educate police on motorcycle safety and specific enforcement efforts that can reduce motorcycle crashes
California Motorcycle Laws Motorcyclists in California should be aware of the various statutes concerning motorcycles and their operation. - Helmet law: Department Of Transportation (DOT) approved helmets are required when riding in California.
- Lane splitting: Although lane splitting is legal in California, a lane-splitting motorcycle involved in a collision will generally be blamed by the police as the cause of the crash.
- Statute of limitations: It is important to consult with an attorney soon as possible if you are involved in a motorcycle accident because the statute of limitations limits the amount of time you have to file a lawsuit.
- License and permit requirements: to operate a motorcycle on public highways or in California, you must have an M-Class license. The DMV will issue an M endorsement after passing both a written test and a road test.
- California insurance requirements: in California, a driver involved in an accident must prove the existence of financial responsibility (usually liability insurance) or risk a one-year suspension of the driver's license.
California Motorcycle Equipment Requirements California law provides for the following motorcycles equipment regulations: -
A DOT approved helmet is required. -
Rear-view mirrors are required. -
Brakes are required on both wheels. -
Handlebar height requirement- hand grips must be below shoulder height. -
Passenger seat and footrests are required when carrying a passenger. -
Headphones are prohibited if worn simultaneously in both ears (single ear is OK). -
Turn signals are required for motorcycles manufactured after September 1, 1973. -
Daytime headlamps required for motorcycles manufactured after September 1, 1978. -
Motorcycles in California are subject to random inspections. If You Have Been Injured in a Motorcycle Accident, Seek Legal AdvicePersonal injury matters are extremely time-sensitive. It is important to act promptly to preserve evidence, investigate the cause of the accident, and to file a lawsuit prior to the deadline imposed by the statute of limitations. The attorneys at Thon, Beck, Vanni, Callahan & Powell have extensive experience in successfully litigating motorcycle accident cases. Should you have any questions or wish to schedule a confidential consultation, contact the firm by e-mail or by telephone at (626) 795-8333. |