Personal Injury Law Journal

Riding on a windy day requires extra caution. Do not underestimate the power of the wind and how a strong gust can suddenly move your bike from one side of the lane to the other. If you are riding with another bike give yourself extra room to account for the unexpected movements of the cycles.

Pay attention to the changing scenery and terrain as your ride. Some areas may give more protection from the wind than others and you want to anticipate any areas that will pose a danger. For example, you may be riding between hills which protect you from the wind; if the area suddenly becomes farm land or open fields the winds can whip across the highway without warning. Keep an eye on the movements of the trees, street lamps, signs and signals that can warn you of a windy or gusty area.

Be sure you know which direction the wind is blowing and then lean slightly in that direction to help you maintain your position on the road. Obviously this can change as the road curves so maintain your concentration.

If you are riding on a highway be aware that other vehicles will also affect the winds and gusts as they or you pass or change lanes. Large trucks or tractor trailers will always create dangerous wind flows. Always be ready for a gust of wind when riding in traffic. Also, be aware that strong gusts can push cars and trucks across a lane into your space.

The Motorcycle Safety Foundation (MSF) recommends that you ride on the side of the lane that the wind is coming from. This is so you’ll be ready to react in case a big blast of air tries to force you off the road.

Stay relaxed and calm. Being relaxed will help you respond to hazards quickly and safely. As always, ride within your own comfort zone.  Never put yourself in a position you are not comfortable with.

I represent a lot of bikers who have been injured due to the negligence of other drivers. Unfortunately, most of these accidents result in significant injuries and huge medical bills. The health insurance companies who are responsible to pay for the medical care in these cases are, in recent years, writing policies which significantly limit their obligation to pay for treatment.  

In particular I have found that Union health insurance is becoming very limited in these cases. If you are a member of a Union you should immediately review your Medical Coverage for exclusions and limitations.

One client received a letter from his Union which stated the following:

“Please be mindful that if you are injured on a motorcycle or a motorized recreational vehicle, regardless of your Benefit Class, the Fund will cover charges related to that injury at the Class 1 level as outlined below. Class 1 benefits cover minimal expenses. Being injured on a motorcycle or motorized recreational vehicle could result in large out of pocket expenses. … (see Plan Exclusions).

Class 1 Medical Coverage - This coverage includes ONLY   the following:

• In-Patient Hospital up to $8,300 per confinement
• Physician Hospital Visits $15 per day of confinement up to $350 per confinement
• Emergency Room Hospital – Accidental only (NO COVERAGE FOR EMERGENCY ROOM PHYSICIAN SERVICES)
• Out Patient Surgery Facility up to $3500 max. per surgery
• Surgery Physician charge up to $2000- NO COVERAGE FOR ASSISTANT SURGEON              
• Anesthesia up to $800 per surgery.”

Our readers should note: These are VERY MINIMAL payments! If you ride you must know what coverage your health insurance provides. If you have exclusions or significant limitations of coverage for motorcycle or recreational vehicle injuries, consider purchasing additional medical coverage.

If you are divorced, separated or involved in divorce proceedings you must be aware of a recent New Jersey Appellate Court decision. As part of their divorce agreement the ex-husband was responsible for maintaining the ex-wife's vehicle until the registration was transferred into her name. As part of that agreement he was to pay for insurance on the vehicle. Unbeknownst to her the insurance lapsed. She was driving this vehicle registered to her ex-husband when she was injured in an accident. Her attorney argued that she was not "culpably uninsured" since she was not the registered owner of the vehicle and therefore not responsible for insuring it, she should not be barred from bringing claims for her economic and non-economic losses.
 
The appellate court affirmed a trial court's dismissal of her claims. The judges found that even though the title to the car had not been transferred to her, she was the beneficial owner of the vehicle and therefore she was responsible for making sure the vehicle was properly insured. Since she failed to do that, and the vehicle was not insured, she had no medical bill coverage and was barred from bringing any claim to recover lost wages and compensation for her injuries.
 
Our family law attorneys tell me that this scenario is very common: One person is responsible to maintain insurance coverage on a vehicle, home, boat and often life insurance for the benefit of an ex-spouse. It is therefore critical that anyone faced with a situation where he or she is relying on another person to provide insurance coverage confirm and monitor that valid insurance is in place. The consequences are significant and long lasting.  

Most of us would think that it is safer to enjoy off road riding in an all-terrain vehicle with 4 wheels than on a two wheeled bike. However, most of us would be wrong.
 
New research out of Johns Hopkins University found that victims of ATV crashes were 50% more likely to die of their injuries than those injured in off-road motorcycle crashes. The ATV crash victims were 55% more likely to wind up in an intensive care unit of a hospital, and 42% more likely to be placed on a ventilator than dirt bike accident victims.
 
The research study based its conclusions on approximately 60,000 patients who suffered injuries from ATV and off-road motorcycle accidents between 2002 and 2006.
 
Although statistics showed that 60% of injured bikers were wearing helmets compared to 30% of injured ATV riders, researchers state that the use of helmets was only part of the reason for the differences. They found that a comparison of riders of both types of vehicles showed that when wearing helmets, ATV riders suffered more serious injuries.
 
In addition to the higher percentage of non-helmet wearing riders, the size and weight of the ATV and its potential to roll over and crush a fallen rider played a large role in the seriousness of the injuries suffered. There are no stability standards for ATV vehicles which if enforced, could potentially reduce the number of rollover accidents.
 
If you or your children enjoy off road riding you should be aware of these statistics, wear a helmet, and train properly to reduce the possibility of a rollover crash.

A friend of mine just rode in a holiday toy drive for children on a pretty cold Sunday. He had to ride an hour or so to Philadelphia. I know he dressed warmly but I'm sure it was chilly. Chilly became cold once he got on the highway at 65 mph or more. It reminded me of an important lesson I learned early in my riding:  Beware of the cold on a long ride.

You may feel comfortable but without any warning to you, your body (including your arms, hands, fingers and feet) stiffen up during a long cold ride. When you decide to pull over, exit a highway or make a turn, your hands and fingers won't react the way you expect them to. Your movements will be slower and less decisive. Give yourself plenty of extra distance and time to make maneuvers you would not give a thought to if it were warm out. It is also a good idea to give yourself a little more distance between riders in case one of your buddies hasn't planned for this problem.