Motorcycle Accidents

Personal Injury Information Center

Motorcycle Accidents - An Overview

Riding motorcycles is a popular activity and total motorcycle registrations increased significantly between 2000 and 2005. Motorcycles are considered by many to be synonymous with danger and serious injury. This is because motorcycles are less visible and less stable than cars and during crashes, most of the safeguards provided by cars, such as seat belts and airbags, are not present on motorcycles. Consequently, motorcycle crashes are much more likely to produce serious injury or death. Common injuries sustained during a motorcycle crash can include brain damage, which is caused by the head making violent contact with another object or vehicle. Other common injuries include damaged joints, broken bones, soft tissue damage and even "biker's arm," which is a condition that can damage the nerves of the upper arm and cause permanent paralysis. If you have been injured in a motorcycle accident, an experienced personal injury attorney can explain your legal options. Please call our Dallas, Texas motorcycle accident lawyers for a free consultation.

Distracted Driving Accidents - An Overview

20% of injury crashes in 2009 involved reports of distracted driving (NHTSA). There are three main types of distraction: visual (taking your eyes off the road; manual (taking your hands off the wheel); and cognitive (taking your mind off of your driving). Common distractions include, eating and drinking, cell phone use, grooming, talking to passengers, reading or changing radio stations or CDs. Of those killed in distraction-driving crashes in 2009, 995 involved reports of a cell phone as a distraction which accounted for 18% of fatalities in distracted-driving related crashes (NHTSA). Drivers who use hand held devices are four times likely to get into crashes serious enough to cause injury (Insurance Institute for Highway Safety). Using a cell phone while driving can delay a driver's reaction as much as having a blood alcohol concentration at the legal limit of .08 percent.

Police-reported data from the Fatality Analysis Reporting System (FARS) and the National Automotive Sampling show that:

In 2009, there were 30,797 fatal crashes in the United States, which involved 45,230 drivers. In those crashes 33,808 people died.

In 2009, 5,474 people were killed in crashes involving driver distraction (16% of total fatalities).

The proportion of fatalities reportedly associated with driver distraction increased from 10 percent in 2005 to 16 percent in 2009. During that time, fatal crashes with reported driver distraction also increased from 10 percent to 16 percent.

The portion of drivers reportedly distracted at the time of the fatal crashes increased from 7 percent in 2005 to 11 percent in 2009.

The under-20 age group had the highest proportion of distracted drivers involved in fatal crashes (16%). The age group with the next greatest proportion of distracted drivers was the 20- to-29-year-old age group – 13 percent of all 20-to-29-year-old drivers in fatal crashes were reported to have been distracted.

Of those drivers reportedly distracted during a fatal crash, the 30-to-39-year-old drivers were the group with the greatest proportion distracted by cell phones. Cell phone distraction was reported for 24 percent of the 30-to-39-year-old distracted drivers in fatal crashes.

Light-truck drivers and motorcyclists had the greatest percentage of total drivers reported as distracted at the time of the fatal crash (12% each). Bus drivers had the lowest percentage (6%) of total drivers involved in fatal crashes that were reported as distraction-related.

If you have been injured in a distracted-driver motor vehicle accident, an experienced personal injury attorney can explain your legal options. Please call our Dallas, Texas distracted-driver accident lawyers for a free consultation.

Drunk Driving Accidents - An Overview

Every minute, one person is injured from an alcohol-related crash. (Blincoe, et al, 2002; Miller et al, 1998) Car crashes are the leading cause of death for teenagers and one out of three of those is alcohol related. (NHTSA, 2009) One in three will be involved in an alcohol-related crash in their lifetime. (NHTSA, 2001; NHTSA FARS data) This year, 10,839 people will die in drunk-driving crashes - one every 50 minutes. (NHTSA, 2009)

In 2009, 10,839 people were killed in alcohol-impaired driving crashes, accounting for nearly one-third (32%) of all traffic-related deaths in the United States.1
Of the 1,314 traffic deaths among children ages 0 to 14 years in 2009, 181 (14%) involved an alcohol-impaired driver.1
Of the 181 child passengers ages 14 and younger who died in alcohol-impaired driving crashes in 2009, about half (92) were riding in the vehicle with the with the alcohol-impaired driver.1
In 2009, over 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics.3 That's less than one percent of the 147 million self-reported episodes of alcohol-impaired driving among U.S. adults each year.4
Drugs other than alcohol (e.g., marijuana and cocaine) are involved in about 18% of motor vehicle driver deaths. These other drugs are often used in combination with alcohol.5

Motorcyclists:

Among motorcyclists killed in fatal crashes in 2009, 29% had BACs of 0.08% or greater. 1 Nearly half of the alcohol-impaired motorcyclists killed each year are age 40 or older, and motorcyclists ages 40-44 have the highest percentage of deaths with BACs of 0.08% or greater (44%).7
If you have been injured in a drunk driving or alcohol related motor vehicle accident, an experienced personal injury attorney can explain your legal options. Please call our Dallas, Texas drunk driving accident lawyers for a free consultation.

Causes of Action

Most motor vehicle accidents will generally be brought under the theory of negligence. To establish negligence, the plaintiff (the injured party) must prove that the defendant (the party the plaintiff is suing) owed the plaintiff a duty; breached that duty; caused the plaintiff's injuries; and that the plaintiff suffered injury or damage. Negligence claims are common in situations in which another driver hits the motorcyclist, for example.

Preserving Your Case

If you or a family member was injured in a motor vehicle accident, it is important to take certain steps, in addition to consulting with an attorney, to protect your rights and build your case for recovery of damages. If the police arrive at the accident scene, give them basic information such as your name and address and the relevant facts about the accident. Do not admit blame or fault for the accident. After the accident, seek immediate medical help if needed and keep your medical records. In addition, keep any bills related to medical treatment, and keep track of any other expenses related to your accident such as repair expenses, rental vehicle costs and wages lost because of missed work. All of this information is relevant to the calculation of damages.

If you are able to do so, try to talk to other drivers or pedestrians who witnessed the accident. At the very least, try to write down their names and phone numbers before they leave the scene. While some witnesses may wait for the police to arrive and collect their information, others may leave before the police get there so it is important to have their contact information. In addition, exchange names, addresses, telephone numbers and insurance information with the driver(s) of the other vehicle(s) involved in the accident. As soon after the accident as possible, take photographs of the scene to record evidence and the road conditions. Photographs of your injuries and damage to your vehicle or other property are also important to have.

To speak directly with an attorney about your motor vehicle accident, please call our Dallas, Texas lawyers for a free consultation.

References

1.Dept of Transportation (US), National Highway Traffic Safety Administration (NHTSA). Traffic Safety Facts 2009: Alcohol-Impaired Driving. Washington (DC): NHTSA; 2010 [cited 2011 Jan 25]. Available at URL: www-nrd.nhtsa.dot.gov

2.Blincoe L, Seay A, Zaloshnja E, Miller T, Romano E, Luchter S, et al. The Economic Impact of Motor Vehicle Crashes, 2000. Washington (DC): Dept of Transportation (US), National Highway Traffic Safety Administration (NHTSA); 2002.

3.Department of Justice (US), Federal Bureau of Investigation (FBI). Crime in the United States 2008: Uniform Crime Reports. Washington (DC): FBI; 2010 [cited 2011 Jan 31]. Available at URL: www2.fbi.gov

4.Shults RA, Beck L, Dellinger AM. Self-Reported Alcohol-Impaired Driving Among Adults in the United States, 2006 and 2008. Presented at: Safety 2010 World Conference: 2010 Sept. 21-24, London, ENG (Presentation #0264). Abstract available at URL: injuryprevention.bmj.com

5.Jones RK, Shinar D, Walsh JM. State of knowledge of drug-impaired driving. Dept of Transportation (US), National Highway Traffic Safety Administration (NHTSA); 2003. Report DOT HS 809 642.

6.Zador PL, Krawchuk SA, Voas RB. Alcohol-related relative risk of driver fatalities and driver involvement in fatal crashes in relation to driver age and gender: an update using 1996 data. Journal of Studies on Alcohol 2000;61:387-95.

7.Paulozzi LJ, Patel R. Changes in motorcycle crash mortality rates by blood alcohol concentration and age — United States, 1983 - 2003. MMWR 2004;53(47):1103-6.