If you wear a motorcycle helmet, you have a far better chance of avoiding death or serious injuries than if you don’t. According to the CDC, helmets reduce the risk of head injury by 69 percent. In a crash, a rider who is not wearing a helmet is 40 percent more likely to die from a head injury than someone wearing a helmet. Hundreds of lives could be saved in the U.S. each year if all riders wore helmets. In California, all motorcycle riders and passengers are required by law to wear helmets.
The California Department of Transportation has some helpful tips on their website about choosing a helmet. First, in order to be legal, a helmet must comply with the Department of Transportation, Federal Motor Vehicle Safety Standard 218. The manufacturer should certify that the helmet complies with that standard – look for DOT lettering on the back of the helmet. The DOT lettering should not be easily removed. Also, when choosing a helmet, pick one that allows you to see as far to the sides as possible.
Choose a helmet that fits snugly all the way around your head without excess movement. Helmets have changed a lot since I bought my first Bell Star in the 1960’s. Modern full-face helmets come in a variety of interior shapes to help ensure a good fit for most riders. For example, Arai (r) helmets come in Long Oval, Intermediate Oval and Round Oval shapes. Choosing a helmet with the right fit can help avoid pressure spots and let you enjoy longer rides without discomfort.
If you choose an open face helmet you will also need to pick out some eye and face protection as well. A face shield, while less protective than a full-face helmet, can help protect your face if you’re involved in an accident. It can also protect you from wind, bugs, rocks, and other things that can serve as a distraction while you’re riding. Make sure the face shield is scratch free and gives a clear view of both sides.
Finally, be sure your helmet is securely fasted while you’re riding – if the helmet flies off in a crash it can’t protect you. Some helmets are poorly made or unsafe for use in motorcycling. Motorcycle helmets, like all consumer products, are subject to dangerous design and manufacturing defects.
If you have been involved in a motorcycle accident and your injuries are related to an unsafe or defective helmet, contact California motorcycle attorney Donald Sjaarda at 714-963-8216 to obtain compensation for your injuries.
Have you been involved in a slip and fall accident in southern California?
If you’ve been involved in a slip and fall accident, time is critical. Before doing anything, get checked out by medical experts at the scene. You may need to be taken to the hospital if your injuries are serious enough.
If your injuries aren’t serious enough to be taken to the hospital right away, do an inspection of the area where your fall occurred. Use your cell phone’s camera or video camera to take pictures or a recording of the scene of the accident and specifically of what caused your fall. Make notes and take pictures or videos of what the weather was like outside at the time of your fall, because rain or snow can often play an important role in your case. Make notes of what caused your fall and what the object looked and smelled like.
You should report the accident to the business owner, if it occurred on commercial property. Most businesses have a policy of preparing accident reports. Be sure to get a copy of any report prepared before you leave the premises. Also, you should insist that any video of the incident and for a period of at least 1 hour prior to the incident be preserved without alteration. You will need this to prove the source of the dangerous condition and how long it existed before your fall. Follow up with a confirming letter to the business owner.
It’s also important that you locate witnesses, if any. Write down the names, phone numbers and addresses of any individuals who were in the area before, during or after the fall occurred. Take written statements from the witnesses, since memories can sometimes quickly fade after people leave the scene of the accident. You may also consider using an audio or visual program, which many cell phones have, to record witness statements if the witnesses are willing to be recorded.
Have you been involved in a slip and fall accident in southern California? Was that accident caused by the negligence of the property owner or manager? If so, contact Don Sjaarda, Orange County premises liability attorney, at 714-963-8216. You should make contact as quickly as possible after the accident, because in slip and fall cases, time is of the essence.
Children are required to ride in a car seat or booster seat until eight or a height of 4’ 9”
Starting January 1, some new traffic laws went into effect for California. The California Highway Patrol is asking drivers to take the time to familiarize themselves with the changes in order to keep everyone safe. Some of the laws include:
- Children are now required to ride in a car seat or booster seat until the age of eight or a height of 4’ 9”. Children below age eight or 4’ 9” are also required to ride in the back seat unless the vehicle has no back seats, or the back seats are already full of children under age eight. Children who are under the age of one or are under twenty pounds, or who ride in a rear-facing seat are still forbidden from riding in the front seat of a vehicle with an airbag.
- Drivers are now required to stop and submit to a sobriety checkpoint. If the driver’s only offense is failing to hold a valid driver’s license, police officers will be prohibited from impounding the driver’s vehicle.
- Vehicles can no longer cross double solid white lines, usually found in carpool lanes.
- If electric vehicles are parked in an EV-designated parking space, they must be plugged in, or they can be towed.
- Courts can revoke a person’s driver’s license for 10 years if a person is convicted of three or more DUIs.
Have you been involved in an automobile accident in southern California due to the negligence of another driver? If so, contact Don Sjaarda, southern California personal injury attorney at 714-963-8216.
An officer was knocked into the carpool lane and suffered injuries to his arm
A police officer from Long Beach riding a police motorcycle was hit by a Toyota Corolla just after 8 a.m. on Thursday. The accident occurred on the westbound 91 when the driver of the Corolla crossed a double yellow line to leave the carpool lane, hitting the motorcycle. The officer was knocked into the carpool lane and suffered injuries to his arm.
This accident illustrates how often drivers fail to take notice of motorcycles, not only at night but also during the daytime. If you are a motorcyclist, follow these tips to make your vehicle more visible to other drivers:
- Wear bright or reflective clothing. Bright clothing will often catch the attention of other drivers, both at night and during the day.
- Stay out of other drivers’ blind spots. Although it’s the responsibility of other drivers to check their blind spots before making a lane change or taking a turn, that often doesn’t happen or they don’t see motorcycles. Make sure that you can see the drivers of other cars around you, and avoid lingering in blind spots any longer than necessary.
- Honk your horn. Although using your horn excessively can be obnoxious, there are times at which it’s necessary to let an unobservant driver know you are there.
- Use reflective tape. Reflective tape can help greatly in making you more visible to other drivers.
- Use your hands to signal. Many motorcycle accidents happen during lane changes or turns. Consider using your arm to help signal turns in addition to your turn signal, as long as you can control your motorcycle while doing so.
- Use high beam lights during the day. High beams make your motorcycle more visible, and they can help other drivers estimate your speed.
Have you been involved in an Orange County motorcycle accident due to the negligence of another driver? If so, contact California motorcycle accident attorney Donald Sjaarda at 714-963-8216. As a motorcycling enthusiast, he will help you get the compensation you deserve for your injuries.
Governor Brown signed legislation that will increase the jurisdiction of small claims court
In July, Governor Brown signed legislation that will increase the jurisdiction of small claims court from $7,500 to $10,000 in most cases. This increase is set to take effect on January 1, 2012.
Until July 2015, the small claims court limit on bodily injury claims from automobile accidents will remain at $7,500 where there is liability insurance. The limit remains unchanged for car accident victims because of concerns from insurance companies that they may not be able to adequately defend their policyholders in small claims court. In addition, the current rule that prevents individuals from filing more than two claims per year above $2,500 in small claims court remains unchanged.
According to the author of the bill, the bill’s purpose is to make small claims courts more accessible to individuals with a smaller amount of damages. In many instances, cases filed in small claims courts will settle for the small claims limit, and by increasing that limit the court will become open to more litigants who may not wish to pursue their cases in a higher court.
Some legal experts worry that increasing the small claims limit will increase litigation, but the number of small claims lawsuits remained flat after the last increase in 2005, and overall the number of small claims suits has dropped over the last ten years.
Have you suffered injuries or had your property damaged in an accident in Southern California? Do you think small claims court may be the right option for your case? Contact Donald Sjaarda, Orange County accident attorney, at 714-963-8216 for advice on your legal options.
Tragic accidents remind us of the dangers that other vehicles pose to motorcyclists
Tragically, three motorcyclists were killed in two separate accidents involving large trucks in Los Angeles in a week. These accidents illustrate the dangers that large trucks and other heavy vehicles can pose to motorcyclists.
The first accident occurred on October 23 during the annual charity “Love Ride”, which is a motorcycle charity event to raise money for autism. A motorcyclist and his passenger were on the I-5 northbound near Pacoima when they were hit by the trailer on a big rig. They were pronounced dead at the scene by L.A. paramedics.
The second accident occurred on the 405 freeway in Westwood. A motorcyclist was driving between 20 and 25 miles an hour when a tractor trailer collided with him, knocking him into the rear of a Toyota Corolla. He was pronounced dead at the scene about 30 minutes after the accident occurred.
These tragic accidents remind us of the dangers that other vehicles, particularly large vehicles, pose to motorcyclists. Drivers of large vehicles may have more trouble seeing motorcyclists than other vehicles on the roads. It’s so important that drivers be alert and aware of the fact that there are many motorcycles on the roads in southern California. It’s especially important for drivers to be vigilant during lane changes, which is when both of these accidents occurred.
Have you been the victim of a motorcycle crash in California? Has a loved one been killed by a negligent driver? If so, contact Don Sjaarda, California motorcycle accident attorney at 714-963-8216 to explore your legal options.
Texting and driving is becoming a dangerous epidemic in the United States
The National Highway Traffic Safety Administration is joining forces with the State Attorneys General and Consumer Protection Agencies and the Ad Council to launch a new national campaign aimed at warning younger drivers of the hazards of texting while driving. The campaign will include TV, radio, and outdoor signs, as well as Facebook, Twitter and YouTube channels. All ads will direct audiences to
www.stoptextsstopwrecks.org.
A recently released survey from the Ad Council shows that texting and driving is becoming a dangerous epidemic in the United States. According to the NHTSA, distracted driving is now the number one killer of American teens. Eight-two percent of young drivers (ages 16 – 24) have read a text message while driving. Sixteen percent of all drivers younger than 20 in fatal crashes have reportedly been distracted while driving. A driver who is texting is 23 times more likely to get into a crash than a non-texting driver.
The new ad campaign is designed to get the message through to young drivers that texting while driving can be as dangerous as drinking and driving. In fact, research has shown that using a cell phone can delay a driver’s reaction times as much as having a blood alcohol concentration of .08, or the same amount as required to be legally drunk. Previous ad campaigns that have been successful have targeted buckling up and the dangers of drinking and driving, and promoters of this campaign are hoping it will be as successful about changing the behaviors of young drivers as the other campaigns.
Have you been involved in an accident because another driver was either texting or engaging in another distracting behavior? If so, you have legal rights against that driver. If you are in California, contact Donald Sjaarda, Orange County automobile accident attorney, at 714-963-8216.
If you are involved in an automobile or other type of accident, and you begin working with an insurance company, the insurance company may offer you a settlement. You may be excited about the money, and it can be very tempting to accept the offer without consulting with an attorney. You may believe that the attorney will take a huge portion of your settlement. You may also think that you either have to accept the settlement or go to court.
However, if you find yourself in this situation, keep in mind that the friendly insurance adjuster with whom you are working is not actually your friend. The insurance adjuster and the insurance company’s attorneys are paid by the insurance company to save money for the insurance company. Those individuals have been trained in how to make your offer appear to be very appealing. And an offer for thousands of dollars could be very welcome, especially if you are facing medical bills and have taken time off from work.
However, you should remember that once you accept a settlement, that amount covers all past and future medical bills, loss of earnings, and pain and suffering damages. You don’t know now what kind of medical problems stemming from your accident could arise in the future.
Before signing anything, you should consult with a qualified personal injury attorney. Unless you are making a claim against your own insurance company, you do not need to sign papers allowing the insurance adjuster to talk to your doctors or your employer, or to copy your past medical and employment records.
It is important to consult with an attorney promptly to get help preserving the evidence you will need if the insurance company does not make a fair offer and you have to prove your case to a judge or a jury. With time, evidence will be lost, videotapes will be overwritten, vehicles will be repaired and witnesses may become unavailable.
Your attorney should know what types of settlements are typical in cases such as yours. There are a myriad of factors that go into determining a settlement amount, and your attorney is trained to recognize whether what appears to be a good settlement actually is or not. Your attorney is also trained at negotiating with insurance companies, and could increase your settlement without going to court.
If you have been injured in an accident, you need a knowledgeable advocate who will fight for your rights. If you are in California, contact Don Sjaarda, personal injury attorney, at 714-963-8216 to analyze your case and advise you on the best course of action.
The CHP displays “Share the road – Look twice for motorcyclists” to increase awareness of motorcycles on the roads
The California Highway Patrol’s two year initiative “Look Twice, Save a Life”, which was designed to increase awareness of motorcycles on the roads, has been successful according to recently released traffic statistics. The program was federally funded and put a large emphasis on the “Share the Road” message.
In order to increase the public’s awareness of motorcycles on the roads, the California Highway Patrol held presentations as well as several motorcycle safety enforcement operations. The CHP also displayed “Share the road – Look twice for motorcyclists” on highway signs across California repeatedly throughout the two year program.
Initial analysis of the program shows encouraging results. The number of collisions involving motorcycles in California is starting to decline. Early figures show that in 2010, the number of people killed in motorcycle collisions was down nine percent from 2009. Injuries appear to be down as well – preliminary results show that the number of people injured in collisions involving motorcycles is down 8.5 percent from 2009.
While these results are encouraging, according to the CHP, more needs to be done to alert the public to the presence of motorcycles on the roads. Many motorcycle accidents occur because automobile drivers simply fail to notice motorcycles. Motorcyclists can help by using high-beam headlights, wearing reflective or light colored clothing, and avoiding riding in car or truck blind spots.
Have you been involved in a motorcycle collision due to the negligence of another driver? If so, that driver can be held legally responsible for your medical expenses, lost wages, and pain and suffering. Call Orange County, California motorcycle attorney Don Sjaarda to learn more about your legal rights at 714-963-8216.
Motorcycle lawsuits in Southern California take between 12 and 18 months on average
If the person responsible for your
motorcycle accident has insurance, before any settlement offer, an insurance adjuster will gather required documentation involving the accident and any injuries you suffered, as well as itemized expenses you have incurred. Those records typically include traffic collision reports, witness statements, medical records, past and future medical expenses, evidence of lost wages, and any documentation involving permanent injuries suffered in the motorcycle accident.
After receiving the required documentation, the insurance company will make a liability determination and have the medical records reviewed. The adjuster will often enter the data into a proprietary computer program for an initial valuation. Many insurance companies require adjusters to submit requests for authority to a supervisor or they may send the claim to a round table review by other claims personnel. Once a settlement range is established, the adjuster will make a settlement offer. The time allowed for the insurance company’s response to a claim is governed by the California Fair Claims Settlement Practices Act and is 40 days from their receipt of the claim, which may be extended by written notice.
If the offer is acceptable, the case is over. All you will need to do is sign a release and receive a check from the insurance company. However, if the settlement offer is unacceptable, which is common, your attorney will need to negotiate on your behalf. This could take weeks or months. If negotiations do not lead to an acceptable offer you may initiate a lawsuit against the responsible party or pursue a lawsuit you have already filed.
If your motorcycle accident case involves a lawsuit, it could take a significant amount of time. On average, cases in Southern California take between 12 and 18 months after filing to get to trial. This will vary from one county to another. After you file your lawsuit, both sides will investigate the claims and prepare for trial in a process called discovery. Discovery includes taking depositions from all parties involved, taking depositions of all witnesses, exchanging written information, obtaining records by subpoena, and party-initiated medical examinations. At this point, the parties may enter into arbitration, mediation or further settlement negotiations.
If the case is not resolved, expert witness discovery will come next. This includes the identification and examination by deposition of the medical and scientific experts that each side intends to call at trial. The trial date is set by the court and may be continued from date to date as required by the needs of the court or the parties.
The trial is your chance to tell your story to a jury of your peers. Depending on the complexity of your case, this may take days, weeks or months. Everyone has an opinion on the value of a case but only a trial can give the parties the judgment of the community. After the trial both sides may make motions for a new trial based on error or appeal to a higher court. For most cases, though, the trial provides the final judgment the parties seek.
Have you been involved in a motorcycle accident in California that was caused by another driver’s negligence? If so, contact California motorcycle accident attorney Don Sjaarda at 714-963-8216 to learn more.
