Baton Rouge, Louisiana Motorcycle Accident Attorney, Scott Andrews, returned safely from a week-long trip to North Carolina, where he, along with five other motorcycle enthusiast friends, slayed the dragon in Deals Gap.
With 318 curves in 11 miles, the Tail of the Dragon is the number one motorcycle destination in the United States. Fortunately, they did not leave any parts on the tree of shame.
On this Memorial Day weekend, the Baton Rouge, Louisiana head and brain injury attorneys at Dué Guidry Piedrahita Andrews Courrege L.C. advise motorcyclists to wear a DOT approved helmet while riding. It is well known that head injuries are a leading cause of death in motorcycle accidents. Wearing a helmet has been shown to limit injury severity and reduce he number of traumatic brain injuries and fatalities. According to the National Highway Traffic Safety Administration (NHTSA), helmets are estimated to have saved the lives of 1,829 motorcyclists in 2008.
After a 1999 law in Louisiana limiting helmet use requirements, the motorcycle fatality rate increased by more than 25 percent. After Louisiana discovered that nonhelmeted riders in accidents experienced head injuries at twice the rate of helmeted riders, the universal helmet law was reinstated in 2004 and the number of motorcycle deaths declined.
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Starting June 1, 2011, the Louisiana State Police headquarters in Baton Rouge will no longer accept mail-in or walk-in requests for automobile accident reports. The Uniform Motor Vehicle Traffic Crash Reports will only be available on-line at the Louisiana State Police website.
Each accident report will cost $11.50.
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Baton Rouge, Louisiana motorcycle accident lawyer, Scott Andrews, urges motorcycle riders to take a Louisiana State Police Motorcycle Safety and Awareness Course. The Louisiana State Police offers both a Basic Motorcycle Rider Course for inexperienced motorcycle operators and an Advanced Rider Course.
After the third fatal motorcycle crash in less than a week just in Troop L, the Louisiana State Police issued a news release on May 22, 2011, reminding all motorists to safely “share the road” with motorcycles and to be extra alert to help keep motorcyclists safe. Additionally, the Louisiana State Police urges motorcyclists to “RIDE LIKE YOU ARE INVISIBLE TO OTHER MOTORISTS!!!!” and to follow these safety guidelines to increase awareness and have a safe riding experience:
Be visible:
Remember that motorists often have trouble seeing motorcycles and reacting in time.
Make sure your headlight works and is on day and night.
Use reflective strips or decals on your clothing and on your motorcycle.
Be aware of the blind spots cars and trucks have.
Flash your brake light when you are slowing down and before stopping.
If a motorist doesn’t see you, don’t be afraid to use your horn.
Dress for safety:
Wear a quality helmet and eye protection.
Wear bright clothing and a light-colored helmet.
Wear leather or other thick, protective clothing.
Choose long sleeves and pants, over-the-ankle boots, and gloves.
Remember – the only thing between you and the road is your protective gear.
Apply effective mental strategies:
Constantly search the road for changing conditions. Be aware of other traffic, road surfaces and debris.
Give yourself space and time to respond to other motorists’ actions.
Give other motorists time and space to respond to you.
Use lane positioning to be seen; ride in the part of a lane where you are most visible.
Watch for turning vehicles.
Signal your next move in advance.
Avoid weaving between lanes.
Don’t ride when you are tired or under the influence of alcohol or other drugs.
Know and follow the rules of the road and stick to the speed limit.
Know your bike and how to use it:
Practice. Develop your riding techniques before going into heavy traffic. Know how to handle your bike in conditions such as wet or sandy roads, high winds, and uneven surfaces.
Get formal training and take refresher courses.
A 23 year old Louisiana man was killed on March 25, 2011 in Rapides Parish when he lost control of his Suzuki motorcycle on Robinson Bridge Road causing him to leave the highway and collide with several small trees. The motorcycle operator’s helmet was not strapped and came off during the crash.
This was the 14th accident related death in 2011 occurring in Louisiana Troop E.
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On March 22, 2011, a 20 year old Raceland, Louisiana man was arrested by the Louisiana State Police for operating his motorcycle at 101 mph in a 55 mph speed zone in Thibodaux, Louisiana. Once the state trooper began chasing the man on La. Hwy 308, he started texting someone. The man finally stopped and surrendered. Speeding and texting are both against the law in Louisiana, and when combined together, especially on a motorcycle, it is a recipe for disaster. Thank God, no one was seriously injured during the high speed chase.
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In Sensebe v. Canal Indemnity Company, 2010-0703 (La. 1/28/2011), the Louisiana Supreme Court held that an “automobile business” exclusion in a Farm Bureau insurance policy violates Louisiana’s public policy of requiring insurance coverage as expressed in the Louisiana Motor Vehicle Safety Responsibility Law, La. R.S.32:851 – 1043. Specifically, the Court found that the “automobile business” exclusion conflicts with the “statutory omnibus clause” contained in La.R.S. 32:900(B)(2), which requires coverage for all permissive drivers.
See also Marcus v. Hanover Insurance Company, 1998-2040 (La. 6/4/99), 740 So.2d 603, 606, wherein the Louisiana Supreme Court struck down a “business use” exclusion as being in direct conflict with the statutory omnibus clause.
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I recently purchased a Harley Davidson Soft-Tail Fat Boy motorcycle, and was quick to purchase a DOT compliant helmet because motorcycle accidents are a leading cause of head injuries and because helmets save lives. In fact, NHTSA “estimates that helmets saved 1,829 lives in 2008, and that 823 more could have been saved if all motorcyclists had worn helmets.” Of the 5,290 motorcyclist who were killed in the United States in 2008, 76 were in Louisiana, with 41% of the dead motorcyclists not wearing a helmet. Don’t be a statistic. Wear a helmet.
By Act 75 of the 2010 Regular Legislative Session, Louisiana Revised Statute 9:2800.17 was enacted to provide as follows for liability for the diminution in the value of a damaged vehicle:
Whenever a motor vehicle is damaged through the negligence of a third-party without being destroyed, and if the owner can prove by a preponderance of the evidence that, if the vehicle were repaired to its preloss condition, its fair market value would be less than its value before it was damaged, the owner of the damaged vehicle shall be entitled to recover as additional damages an amount equal to the diminution in the value of the vehicle. Notwithstanding, the total damages recovered by the owner shall not exceed the fair market value of the vehicle prior to when it was damaged, and the amount paid for the diminution of value shall be considered in determining whether a vehicle is a total loss pursuant to R.S. 32:702.
The Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C. was selected for first tier (those firms that scored within a certain percentage of the highest scoring firms) inclusion in the 2010 inaugural rankings of U.S. News – Best Lawyers “Best Law Firms”, in the practice areas of Personal Injury Plaintiffs and Product Liability Plaintiffs. “The selection involved surveying thousands of law firm clients; leading lawyers and law firm managers; partners and associates; and marketing officers and recruiting officers. Each were asked what factors they considered vital for clients hiring law firms, for lawyers choosing a firm to refer a legal matter to, and for lawyers seeking employment.”
“Client and lawyer surveys collected mostly reputational data. Using a scale of 1 (weakest) to 5 (strongest), clients voted on expertise, responsiveness, understanding of a business and its needs, cost-effectiveness, civility, and whether they would refer another client to a firm. Lawyers voted on expertise, responsiveness, integrity, cost-effectiveness, and whether they would refer a matter to a firm and whether they consider a firm a worthy competitor.”
Louisiana Injury Lawyer Blog