Archive for the ‘ Motorcycle Accident’ Category

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IIHS Looks at State Bike Helmet Laws

Thursday, December 30th, 2010

National traffic safety agencies have been figuring out that increased helmet laws do a lot to protect bicycle riders and others on the road not in conventional four-wheeled vehicles. In multiple studies of traffic accident rates and injury costs across various U.S. states, researchers have found that helmet use and the strict laws that enforce it tend to bring down the average cost of injuries, severity of head injuries and length of medical stays among other key characteristics of bike-related accidents.

A recent study by the Insurance Institute for Highway Safety looks at the instances of helmet laws across all 50 U.S. states. Overall, California fares pretty well. Along with several other states, California has the strictest bicycle helmet laws on the books with mandatory helmet use for all riders under the age of 17. An assortment of other U.S. states only require helmet use for bicycle riders under 15, and many other states seem to have no relevant laws, although some have created restrictions on passenger helmet use and other related risk factors.

With all of the bike safety laws currently in effect, it’s clear that bicycling on busy roads is an activity with its own risks. If you suffer injury in a bicycle accident in Los Angeles or the surrounding area, call our Los Angeles bicycle accident lawyer at The Law Offices of Samer Habbas. You will receive professional, experienced help for your personal injury case. Mr. Habbas has helped many families and individuals with their bicycle injury claims, and he can help with yours, too. Call 888-848-5084 today to schedule a consultation to discuss your case.

Helmets Save Lives: Risks Still High for Bicycle, Motorcycle Drivers

Tuesday, December 21st, 2010

Those who are using bicycles or motorcycles to get around in heavy traffic know that they are at an inherent disadvantage. With energy concerns and more focus on physical exercise for health, more Americans are getting on the road with human-powered vehicles like bicycles. Many of them understand that they are taking a risk for the sake of traveling leaner and greener. Likewise, motorcyclists who like to ride free on two wheels take on additional risk when they enjoy their hobby.

Statistics for 2009 from the Insurance Institute for Highway Safety (IIHS) reveal more about the risks for motorcyclists, bicyclists and other two-wheeled riders. To some, the fact that less than two percent of deaths resulting from motor vehicle crashes were bicyclists makes for feeling better about these small, fragile vehicles. However, the fact is that motorcycle and bicycle riders are a minority on the road. Some positive notes include the IIHS assertion that helmets can lower risks of injury by much more than 50 percent. The institute contends that up to 85 percent of head injury risks will not happen when motorcycle or bicycle riders use helmets.

Even with safety gear like helmets, motorcycle riders need to be aware of the dangers they face. Not all motorists are good at recognizing people on motorcycles or bicycles, and it’s always important for cyclists to drive defensively.

If you have experienced injury in a motorcycle accident in Los Angeles or the surrounding areas, call our Los Angeles motorcycle accident lawyer, Samer Habbas, for help in deciphering all of your legal options. Many times, a motorcycle accident has to do with driver error, and accident injury victims are entitled to fair compensation. Mr. Habbas has experience helping victims protect their rights. Call The Law Offices of Samer Habbas at 888-848-5084 schedule a consultation to discuss your case.

NHTSA Introduces Program for Motorcycle Riders

Tuesday, December 14th, 2010

A primary government safety agency is enlisting the help of individual motorcycle drivers to help educate others and promote safer roadways across America. The National Highway Traffic Safety Administration, or NHTSA, has produced a program for motorcycle riders called the “Riders Helping Riders” initiative. The intention of this program is to encourage bikers to reach out to other motorcyclists who have a risk of driving while under the influence of alcohol or drugs. This peer-to-peer initiative is likely to help motorcycle communities around the U.S. deal with the unique risks posed by an intoxicated or otherwise impaired motorcyclist.

Qualified motorcycle accident lawyers are ready to assist motorists, bikers or others injured in accidents that are often tragic. After an accident, victims have to deal with high medical bills, lost wages and other costs. Attorneys can use their skills, experience and knowledge in order to help victims pursue a lawsuit against the negligent party.

The extremely congested roads throughout California and the rest of the country have significant risks for a motorcycle rider. If you have sustained injury in a motorcycle accident, talk to our Orange County motorcycle accident lawyer, Samer Habbas. When you have experienced financial hardship and pain and suffering after an accident, Mr. Habbas can help you seek the compensation you deserve. He will pay close attention to your needs and explain all relevant laws to guide you through the process. Call The Law Offices of Samer Habbas at 888-848-5084 to get skilled legal representation for your motorcycle accident case.

Third Party Liability Explained by a California Motorcycle Accident Lawyer

Tuesday, December 7th, 2010

In a recent crash on the 110 Freeway in Los Angeles, a motorcycle accident tied up carpool lanes and slowed traffic down to stop and go on the busy road. The accident involved a Los Angeles Police Department motorcycle officer. At the time of the report, the cause of the accident was undetermined. Therefore, we have a blank slate that allows for a brief lesson in third party liability.

What’s important to look at in this case is what factors contributed to the crash, as well as whether or not the officer was on duty at the time. We’ll assume that the officer was on duty at the time of the crash and that a negligent driver caused the crash. In our scenario, the driver of the car was texting while driving and drifted into the lane of traffic in which the motorcycle officer was traveling, clipping the motorcycle and causing the bike to go down. Imagine the sinking feeling in the pit of the driver’s stomach when realizing that he or she just hit a LAPD motorcycle officer!

Our next step is to determine if worker’s compensation coverage is applicable. Let’s look at the facts. First, the officer was on duty at the time of the accident. Second, the officer had not committed any criminal acts relative to the accident that would place him outside of the scope of his employment duties. Therefore, the LAPD worker’s compensation insurance does pay for any injuries and damages the officer suffered in the accident. The settlement is formulaic, meaning that the Commissionon Health and Safety and ‘ sets forth formulas that determine settlement amounts in worker’s compensation cases.

So does this mean that the driver of the vehicle gets off scott-free? Absolutely not!

The officer can pursue a personal injury “third party” claim against the driver of the vehicle. Further, the worker’s compensation carrier has a right to reimbursement of the sums expended in the worker’s compensation claim. The legal term for this is “subrogation.” The worker’s compensation carrier can place a lien against any settlement or jury verdict awarded the officer in the third party claim.

Simply put, the driver of the vehicle is responsible for the injuries and damages sustained by the officer, and the worker’s compensation carrier has a right to repayment for the monies it paid out on behalf of the officer. The worker’s compensation carrier can place a subrogation lien against the officer (the plaintiff) or the driver (the defendant).  It is generally preferable that the lien be placed against the plaintiff because the amount to be paid back can be negotiated in order to maximize the amount the plaintiff receives in his or her pocket from the settlement or jury award.

If you have been injured in a California motorcycle accident, please feel free to call our California motorcycle accident lawyer, Samer Habbas, for a consultation on your legal options. When you retain our professional services, you should expect and deserve our best efforts. We are here to serve you. You can reach us at 888-848-5084 or you can submit a contact form online here for a quick response.

Metrolink Offers Safety Information to the Public

Thursday, December 2nd, 2010

California motorcycle riders may be on the lookout for dangers related to car and truck drivers, but there’s one thing that some of them might miss: the dangers of collisions with local trains.

In a website containing safety information resources, Southern California’s Metrolink commuter train service provides motorcycle drivers and other motorists with some educational data and tips for remaining safe near rail crossings.

One item pointed out by the Metrolink site is the top speed of trains: rail cars operate at speeds up to 90 mph. According to Metrolink, that means that the trains can take up to ½ mile to come to a full stop. For some motorcyclists, knowing more about the facts of commuter trains can help prevent actions that can result in severe injury or fatality. Metrolink cautions all drivers, motorcycle riders, bicyclists and pedestrians never to go through a railroad crossing when warning signals or closed gates indicate the arrival of a train. Even if a train is not immediately visible, says the site, there’s still a danger of collision. A stopped train on one track can potentially hide an oncoming train on another rail track.

Despite the best security practices of public transit officials, heavy traffic and other roadside realities can lead to significant health and safety risks, some of which involve interaction with trains and railroad crossings. If you have sustained injuries in a motorcycle accident involving a commuter train or other vehicle, call our Southern Los Angeles motorcycle accident lawyer, Samer Habbas. He can speak with you about your options under the law. Call 888-848-5084 get legal assistance from an experienced Orange County personal injury attorney who can help you get the compensation you deserve.

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