San Luis Obispo Personal Injury Lawyer - Motorcycle Accidents

Another Fatal ATV Accident at Oceano Dunes

Nigel Whitehead — Mon, 11 Aug 2008 13:51:20 GMT

On Sunday a 26-year old Santa Maria man was killed in a single ATV accident. Details of the crash are not yet known. The alarming number of fatalities and serious injuries at the Oceano Dunes no doubt arms the anti off-road riding crowd with additional ammunition to close the beach to vehicular traffic. I'm not sure closing the beach will solve the problem. Those who love to ride will simply ride elsewhere if the beach is closed.

This message will not go into the environmental arguments over the off-road riding issues. But, from a safety standpoint, something must be done. Whether it be additional required training, safety equipment or limiting access to some of the more dangerous areas, such as "Competition Hill" where this accident happened, something must be done. Too many children and young adults are being hurt or killed. It is estimated that there are up to 300 serious accident per year at the 1500 acre off road area.

It is too easy to glibly enter this debate from afar. When your family has been personally affected by such an accident the debate takes on a completely different tone. I would love to hear suggestions from those who ride more than I do.

Originally posted at InjuryBoard by Nigel Whitehead

Automobile v. Motorcycle Collision in San Luis Obispo

Nigel Whitehead — Mon, 12 May 2008 19:53:51 GMT

The San Luis Obispo Tribune is reporting that this afternoon a car driven by a Santa Maria woman, Rebecca Peter-Chmielnic struck a man riding a Harley-Davidson motorcycle. The man was reportedly taken to a local hospital with a serious leg injury. It seems that Ms. Peter-Chmielnic was on her way to the DMV office in San Luis Obispo when she turned left in front of the motorcycle rider. After the accident Ms. Peter-Chmielnic was cited for failure to yield to oncoming traffic, and for driving on a suspended licence.

Our firm has handled several bicycle and motorcycle cases where the riders suffered serious leg injuries in collisions with automobiles. The reason is obvious - there is simply no protection to a rider's legs. Hopefully, the rider is wearing a helmet, but short of leathers, there really is no commonly used leg protection. The Society of Automotive Engineers - SAE - has conducted research on the types of leg protection that could be used on motorcycles. Unfortunately, many of the leg protection systems researched actually increased the risk of other type of injuries, including head injuries.

Obviously, the best way to avoid a serious leg injury is to avoid the accident all together. First and foremost, a driver must be aware of riders on the road. As a rider, we all know that we must assume that the driver of the car doesn't see me and that I must be ready to do everything possible to avoid a collision. It's much easier said than done and not always possible. The National Highway Traffic Safety Adminstration devotes considerable time and energy to research involving motorcycle accidents. There are literally hundreds of resources available to assist riders in avoiding collisions.

Please ride safe. And drivers - watch for riders!

Originally posted at InjuryBoard by Nigel Whitehead

Another Fatal Motorcycle Accident in Santa Barbara

Nigel Whitehead — Wed, 30 Apr 2008 11:38:41 GMT

According to KSBY, a 42 year old Ventura man was killed Monday morning when his motorcycle hit a car that had suddenly stopped in front of him.

It was reported that the collision occurred when the driver of the car in front of the rider slammed on her brakes to avoid slowing traffic ahead of her. It is critical in these cases to understand the sequence of events. The car ahead of the motorcyclist will in all likelihood have civil responsibility for the accident since, by at least initial reports, she made an unsafe stop. But, it is also possible that one or more cars ahead of that driver may be liable. It will be important to identify and interview witnesses who can explain why traffic was slowing. If traffic slowed because of a negligent driver ahead of the car that the motorcycle hit that driver may also be liable for any damages to Mr. Valdovinos' family in a civil wrongful death lawsuit.

Originally posted at InjuryBoard by Nigel Whitehead

ATV Safety

Nigel Whitehead — Mon, 14 Apr 2008 20:26:04 GMT

As lawyers on the Central Coast of California we practice law only minutes from the Oceano Dunes -the only place on the West Coast where off-road enthusiasts can still ride their vehicles on the beach. Every year as summer approaches the number of significant injuries -often involving children - greatly increases. The National Safety Council has a few suggestions to keep your rider safe.

If your ATV is over 90 cc's it should only be operated by someone over age 16.

Always check your ATV's cables and controls before riding.

Check the chain - is it properly lubricated?

Check the wheels and tires.

ALWAYS -wear the right safety gear.

Perhaps the best safety tip is one that we can't just read and communicate to our kids. We have to show them how to exercise good judgment. When you are 15 you are convinced that you are invincible. Show them its OK to slow down. I've been on the dunes too many times seeing a kid flying off a sand dune "hoping" another riding isn't coming up the other side. I've also been in the emergency room when a child is brought in by ambulance in critical condition. Never once have I seen a mom comforted by that fact that her son rode the fastest or jumped off the highest dune.

Be safe!

Originally posted at InjuryBoard by Nigel Whitehead