How Not to Split Lanes in a

Motorcycle Case

Aimee Kirby

Battling stereotypes

Upsides to motorcycle cases

Brain buckets (helmets)

Booze and Drugs!

Human Factors – eyeballs, hands and feet

Accident Reconstruction – a motorcycle is not a car

The next 20 minutes….

1. They ALL lane-split, speed or

break rules.

2. They have a higher duty of care.

3. They are gang members and do

drugs or abuse alcohol.

4. They get what’s comin’ to ‘em!

What are common stereotypes about motorcyclists?

1. Nearly all are catastrophic injury cases.

2. It is very easy to get policy limits, even if liability is in dispute.

3. Most of your clients will be good, salt-of-the-earth people, with military backgrounds.

The great upsides of motorcycle cases

• Energy absorbing liner• polystyrene, polyurethane

• Comfort liner• low-density foam

• Strap• webbing and clasp

• Shell• Fiberglass, polycarbonate,

ABS plastic, carbon fiber

What is a helmet?

HELMETS: NOVELTY VS DOT, SNELL/ANSI

Often sold at motorcycle shows and online, and

do not comply with Federal Motor Vehicle

Safety Standards (FMVSS)

Meet FMVSS

1. Thick Inner Liner

2. Sturdy Chin Strap3. Weight of Helmet4. Design/Style of Helmet

Brain Buckets

SNELL/ANSI1. DOT + plus private standards

Wonderful stickers you find on helmets (Evid 352 motion)

DOT stickers bought online

Homemade DOT stickers

Counterfeit DOT Labels

Beanie HelmetWarning Labels

Beanie vs. Full-face

Comfort liner

Fiberglass shell

Comfort liner

Energy absorbing liner

Coverage and Components

Beanie

Full-face

Cross Section

1. Most of the time the helmets are gone, so no issue.

2. If it still exists, have it examined by an expert, whether it has dot sticker or not. (Sometimes stickers are removed or are worn off.)

3. Have an expert opine whether the helmet (or better helmet) would have made a difference given speed and direction of impact. (Weigh dropping mild brain cases if strong ortho, etc.)

Helmet: Regarding Injury Causation

1. Many clients with prior military services, will have battled with prior drug and alcohol problems, which may be a problem with psych claims, life expectancy, and future managed care.

2. Almost half of the fatality accidents involving motorcycles involved alcohol.

(USC & NHTSA, 2006)

3. Drugs I have personally (er… professionally) dealt with are Meth, Cocaine, and Marijuana.

Booze and Drugs

1. Ask about all prior or current substance abuse problems.

2. Check ambulance records for signs of intoxication, indication of needle marks, and/or administration of morphine in route.

3. Check hospital intake records for preliminary toxic screens.

Booze and DrugsClient Intake: Pre-file

Effects depend on:D – Dosage

A – Absorption

T – Task

E – Experience (Tolerance)

Booze and Drugs

NHTSA study found drivers with 0.05% BAC to have significant impairment in:

Perception-reaction time (PRT)Visual TrackingConcentrated attentionDivided attention

NHTSA conclusion: “No lower limit can be placed on alcohol impairment driving-related skills.”

Booze and Drugs

Alcohol and Crash Probability

0.10% BAC 600% increase

0.15% BAC 2500% increase

Booze

Predominating cause of motorcycle collisions: Failure of other drivers to detect

motorcyclist until too late (if at all).

In almost half of multiple vehicle accidents, view of motorcycle (or other vehicle) is limited by glare or obstructions.

Human Factors

• Drivers are accustomed to searching for larger vehicles and may not detect motorcyclists

• Daytime running lights improve detection• Even when detected at similar distances, drivers

are more likely to pull in front of a motorcycle than a larger vehicle

Conspicuity

Many motorcyclists show significant collision avoidance problems:

Over-brake and skid rear wheel

Under-brake front wheel, reducing deceleration potential

Limited ability to counter-steer or swerve

Human Factors

• Evasion potential often more limited than for larger vehicles

• Lower injury potential if travel speed is slower (e.g. speeding versus at speed limit)

• Front and rear braking can be controlled independently

• Very little crash test data

Accident Reconstruction:Speed!

Push for longer time to select a jury and jury questionnaires. People don’t like motorcycles, tattoos, piercings; I don’t know why.

Give comparative options always! 15% is my favorite, because you have to.

Get every witness to say motorcyclist is within so many feet of motorcycle after accident, to prevent throw distance calculations (because there is very little crash data). Prove up with blood splatter. Prep clients on the issue.

My Tips

Understand how a motorcycle up-shifts and down-shifts. Any witnesses that testifies to speed or accelerating, pin them down on gear. Get them to admit that their estimate is based on sound (which is nearly always the case).

Need MILs on anything “Motorcycle” – I got them.

Or that they only saw it for a split-second, exclude.

My Tips