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.

This past weekend Stark & Stark's Motorcycle Attorneys Chris Pyne, Joel Rosenberg, Carin O'Donnell and Deb Dunn attended the 2011 Roar to the Shore in Wildwood, New Jersey. The rally took place September 8-11, 2011 at the Wildood Convention Center & surrounding lots.

Our attorneys and staff spent the weekend meeting with bikers from across the country. During the event, Stark & Stark held a raffle for the attendees to give away a 2-night stay at the Tropicana Hotel & Casino in Atlantic City, New Jersey. Over 1,100 people enetered the raffle this year! Congratulations to this year's raffle winner, Dave DeMatteo of Howell, New Jersey! We hope to see you all again next year!

There is a common misconception among motorcycle riders that if they are injured in a motorcycle accident, their car insurance or the insurance of the car that is responsible for the accident will be responsible to pay their medical bills.  That is not the case.  In New Jersey, as in many other states, car insurance companies are required by law to include minimum coverage for medical expenses associated with an auto accident in every policy they sell (this insurance is known as Personal Injury Protection or PIP).  Insurance companies are not required to provide the same coverage for medical expenses on motorcycle policies.  

What does that mean?  If you are injured as a passenger or driver of a motorcycle and you have standard motorcycle insurance, you will have no medical coverage unless your private health insurance carrier pays your bills.  

It may not make sense that medical expenses associated with a motorcycle accident are not covered by motorcycle insurance, since injuries suffered in motorcycle accidents are often much greater than those suffered in auto accidents.  However, riding a motorcycle is considered a “voluntary risk”.  Therefore, even though medical bills can be catastrophic, laws are not written to protect riders the same way they are written to protect drivers or passengers in cars.  Riders choose to accept the risk of injury for the love of riding.  However, that choice is often based on the general misconception that motorcycle coverage is similar to automobile coverage and as long as insurance is in place, injury to the rider is “covered”.  

Most riders are not aware that most motorcycle policies expose riders to various risks over and above the risk of injury.  An injured rider who paid for motorcycle insurance can end up without appropriate medical care and with enormous debt.  In addition, medical bills from a motorcycle collision often eat into and can easily exceed the other driver’s insurance limits, leaving minimal or no compensation for a rider even for injuries caused by someone else’s wrong doing.  

Some insurance companies offer optional Medical Payments Coverage for motorcycle policies, which is additional coverage that provides some minimal medical coverage to injured riders.  Riders should also check the amount of coverage available to them for collisions involving drivers without insurance or without enough insurance (known as Under Insured Motorist/ Uninsured Motorist or UIM/UM coverage).  In some instances, UIM/UM coverage can mean the difference between an accident and a tragedy.

Without the right protection, on top of physical impairment a motorcycle accident could result in enormous financial hardship.  Riders should manage that risk, by protecting themselves and making informed choices about insurance, before an injury occurs.  Feel free to call for a free insurance review now, before you need it.
                                                                                                                                    
Don’t let someone else’s mistake become your nightmare.

I have come across a number of bikers who were injured because another driver said he or she did not see the motorcycle, even though the biker said the car driver looked right at him or her just before pulling out in front of the motorcycle.  This is so common that studies estimate 43% of all motorcycle accidents occur as a result of an oncoming vehicle turning across the path of a rider.  Although car and motorcycle drivers often place blame on each other, citing lack of driver etiquette or recklessness as the cause, I recently ran across an article that suggests that this may actually have more to do with the human brain’s failure to recognize a motorcycle as a “threat”. Regardless of “why”, it is safest to assume that motorcycles are “invisible” to car drivers that share the road.  Safety organizations including the Motorcycle Safety Foundation and the Hurt Study support a high level of conspicuity as the best way to stay safe on a motorcycle.  Conspicuity is anything you can do to make sure you are seen while riding both during the day and at night. To achieve conspicuity, experts suggest that bikers take every opportunity to “be seen” by changing lanes, using the horn, wearing reflective clothing, using headlights at all times, using turn signals and flicking high beams - all to communicate position and intended position whenever possible.
 
Although there is always risk involved when riding a motorcycle, most bikers agree that their love for riding outweighs the risks involved.  Riding is a lifestyle.  Be careful not to allow someone else’s mistake ruin your lifestyle.

I recently came across an article about why staying hydrated is so important to motorcycle riding, written by Sarah Simmons. It got me surfing the web for other articles on the topic. We know it gets hot on the bike in the summer. The heat, not only from the sun, but radiating up from the road can be brutal. And humidity makes it more difficult for our bodies to sweat and thus cool off.
 
Interestingly, I learned that COLD weather increases our risk of dehydration as well. We don't drink as much fluid because we don't feel as thirsty in the cold air. We apparently lose a lot of fluid through normal breathing in the cold and the heavier clothing we wear may make us sweat more which evaporates more quickly in cold, dry air.  

That is why it is important to say hydrated during long rides. Dehydration can cause weakness, dizziness, confusion, sluggishness, even fainting, among other dangerous symptoms for a motorcycle rider.
 
I've learned that our brain will not send the same signals to alert us to drink water in cold weather so we have to be more aware that it's very important to drink plenty of water if we spend time outdoors in the cold.