RI Motorcycle Accident

The State of Rhode Island’s lawmakers have enacted numerous laws to regulate motorcycle operation.  These RI laws protect motorcycle operators and other motorists. However, It appears that the motorcycle helmet safety laws in Rhode Island and Providence Plantations are merely lip stick on a pig and do very little to protect motorcyclists and their passengers.

Perhaps the most controversial and well known RI statute is the motorcycle helmet law.  In Rhode Island only motorcyclists under the age of 21 and new operators are required to wear protective motorcycle helmet!  Helmet law

Helmet laws and motorcycle accident

This ineffective and non-comprehensive, Ocean State biker law makes little sense to RI Personal Injury Attorneys who see fatal bike accidents as well as chopper accidents causing traumatic brain injury on a day to day basis. Many of these motorcycle accident fatalities and serious injuries could have been prevented by the injured victim wearing a helmet. This law makes little to no sense since only a small subset of the motorcyclists are required to wear protective helmets according to the law!

Some believe that states should require that all motorcyclists and passengers wear helmets.  Opponents, who are typically fervent motorcycle enthusiasts, are zealously opposed to such regulation over their lives. They believe government should not interfere with their personal liberty especially their motorcycle freedoms.

Fatal motorcycle accident in RI

Proponents of stricter motorcycle helmet laws cite the likelihood of a motorcycle crash in RI causing death or serious injury. These people often refer to statistics which indicate that helmets can save lives and prevent traumatic head and brain injury(TBI). These proponents say that even if a motorcycle can save one person from being killed in a deadly / fatal bike crash it is well worth enacting such common sense regulations

See: RI handle bar laws, motorcycle passenger regs, noise limits , required equipment, inspections.

“According to the National Highway Traffic Safety Administration, head injury is a leading cause of death in motorcycle crashes.”  NTSB  “The National Highway Traffic Safety Administration estimates that helmets are 37 percent effective in preventing fatal injuries to riders and 41 percent effective for motorcycle passengers.” Id.

Rhode Island Motorcycle Accident personal injury attorneys generally believe that motorcycle helmets are a common sense solution to prevent wrongful death, paralysis and other serious injuries. However, it is not Providence Personal Injury lawyers and a RI Motorcycle accident lawyer and wrongful death lawyers in RI who makes the laws and influence legislators.

The RI motorcycle helmet law is set forth below and can be found  here

31-10.1-4. “. . . Any operator under the age of twenty-one (21) shall wear a helmet of a type approved by the administrator of motor vehicles. In addition, all new operators, regardless of age, shall be required, for a period of one year from the date of issuance of the first license pursuant to s 31-10.1-1, to wear a helmet of a type approved by said administrator.”   Motorcycle rights

Here is a nice explanation of the various laws across the United states concerning handlebar height:

Rhode Island handlebar law

§ 31-10.1-5  Handlebars. – No person shall operate on a highway or in any parking area for ten (10) or more motor vehicles, any motorcycle, motor scooter, or motor driven cycle equipped with handlebars that are more than fifteen inches (15″) in height above the uppermost portion of the seat when depressed by the weight of the operator. Violations of this section are subject to fines enumerated in § 31-41.1-4.

CT law

Connecticut has a similar law “Connecticut law prohibits a motorcycle from having handlebars that are higher than 15 inches above the uppermost portion of the seat when it is depressed by the weight of the operator”  CT GOV  Alabama, Alaska and Georgia and Hawaii and a total of approximately 18 states have similar 15 inch  maximum restrictions.

RI laws pertaining to motorcycle operation

§ 31-10.1-6  Passengers. – Any passenger on a motorcycle, motor scooter, or motor-driven cycle must be provided with a separate rear seat, a separate foot-rest, and an appropriate handlebar or grip for his or her use, and must wear a properly fitting helmet of a type approved by the administrator of the division of motor vehicles. No person shall operate a motorcycle, motor scooter, or motor-driven cycle unless any passenger on it wears a helmet and is able to rest his or her feet upon a foot-rest. Any passenger on a motorcycle, motor scooter, or motor-driven cycle under twelve (12) years of age must have a properly secured back-rest or equivalent, shall have his or her feet placed upon the foot-rest, and shall be seated behind the operator unless a side car is provided. When, however, a side car is provided this age requirement shall not apply to any passenger(s) in the sidecar. Violations of this section are subject to fines enumerated in § 31-41.1-4.  http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-10.1/31-10.1-6.HTM

“§ 31-10.1-7  Inspection. – Every motorcycle, motor scooter, or motor driven cycle shall be inspected in accordance with the law providing for inspection of motor vehicles and shall display a certificate of inspection as provided in chapter 38 of this title. Inspection standards for the motor vehicles shall be established by the administrator of the division of motor vehicles. Inspection stations shall be specially licensed to inspect motorcycles, motor scooters, and motor-driven cycles. Certificates of inspection for these vehicles shall be clearly distinguishable from those issued to other motor vehicles. Violations of this section are subject to fines enumerated in § 31-41.1-4.”

“§ 31-10.1-4  Required equipment. – Operators of motorcycles, motor scooters, and motor-driven cycles shall use eye protection of a type approved by the administrator of the division of motor vehicles when operating their vehicles on streets and highways. Every motorcycle, motor scooter, and motor-driven cycle shall be equipped with a rear view mirror. Any operator under the age of twenty-one (21) shall wear a helmet of a type approved by the administrator of motor vehicles. In addition, all new operators, regardless of age, shall be required, for a period of one year from the date of issuance of the first license pursuant to § 31-10.1-1, to wear a helmet of a type approved by said administrator. Any person deemed in violation of this provision shall be subject to the fines enumerated in § 31-41.1-4, which shall be paid in accordance with the provisions of chapter 41.1 of this title. The administrator of the division of motor vehicles is authorized to set forth rules and regulations governing the use of other equipment on those vehicles. All fines collected under this section shall be deposited in a general restricted receipt account for the use of the Rhode Island governor’s office on highway safety in order to promote educational and informational programs encouraging helmet use.”

“§ 31-45-1  Noise limits. – (a) No person shall operate a motor vehicle, nor shall the owner of any vehicle allow the vehicle to be operated, at any time, or under any condition of grade, load, acceleration, or deceleration, in such a manner as to exceed the following noise limit based on a distance of fifty feet (50′) from the center of the lane of travel within the speed limit. For the purposes of this section, “dbA” means decibels measured with a calibrated sound level meter weighted to the “A” scale.

(b) In speed zones of thirty-five miles per hour (35 mph) or less, not more than eighty-six (86) dbA. In speed zones of more than thirty-five miles per hour (35 mph), not more than ninety (90) dbA.

(c) Violations of this section are subject to fines enumerated in § 31-41.1-4.”

If you have been involved in a Rhode Island motorcycle accident and are seeking to recover damages because your injuries were the fault of another driver? A RI motorcycle injury lawyer with a comprehensive understanding of motorcycle tort accident law in Rhode Island can help. But exactly how do you find the best motorcycle injury attorney in Providence to ensure that you receive adequate recompense for your injuries, damages and losses? How much will the bike crash attorney cost and how much can you expect in compensation?

Rhode Island motorcycle accident lawyer

The injuries you suffer and the damages you have endured, it probably left you with extensive medical bills, pain, suffering and financial losses because of time away from work. Naturally, you are seeking the best injury lawyer you can find. In addition to receiving compensation for your expenses and time away from work, you are also likely entitled to rental reimbursement, replacement or repair of your damage motorcycle and recovery of any future losses directly associated with your injuries. Many people are seeking information on google about: “Motorcycle accident ri.”

Seasoned Experienced Rhode Island Motorcycle accident Attorneys

Because of common motorcycle rider stereotypes, most motorcycle accidents must be handled differently than a typical vehicle accident or car crash case. Movies and TV shows often show bikers as aggressive riders who are indifferent to the law and rules of the road. Pigeonholing all Rhode Island motorcycle riders as dark characters is often disadvantageous to the victim whose accident was caused through the reckless or careless actions of an automobile motorist not paying attention on the roadway.

Motorcycle accident ri

Additionally, claims adjusters working for insurance carriers of defendants in motorcycle injury accident cases in Rhode Island often attempt to divert responsibility away from their policyholder in an effort to blame the victim. In many incidences, the insurance company will deny or delay compensation. Without legal representation by a seasoned experienced attorney, you might be forced to accept an unfair low settlement.

Traits of a Good lawyer

The most common traits of a good attorney who specializes in motorcycle injury accidents include:

• Extensive Experience – The state’s tort laws concerning vehicle accidents are complex. Attorneys with extensive experience in personal injury claims involving motorcycles can provide aggressive representation because of the solid relationships they have built with opposing counsel, judges, paralegals and others who perform services in the civil court system.

• Access to Resources – A good attorney with a solid reputation will have extensive access to various resources including investigators to reconstruct the scene of the accident, expert professionals to provide testimony at trial and paralegals to ensure that all necessary paperwork is filed with the court system before the expiration of the statute of limitations concerning your case.

• Successful Negotiating Skills – The majority of personal injury cases in Rhode Island such as truck collisions , car accidents and suv crashes are settled out of court. Because of that, your RI Injury attorney must have successful negotiating skills to ensure you receive fair compensation for the injuries, damages and losses you have sustained.

• Solid Trial Experience – In some Providence motorcycle accident cases, insurance carriers and claims adjusters are unwilling to negotiate a fair settlement, forcing the victim to take their case to trial. The Rhode island personal injury attorney or Rhode Island motorcycle accident attorney you hire must have solid trial experience to build your case and present the evidence required for a successful outcome.

How Much You Will Receive as a result of the Ri motorcycle accident?

All personal injury cases involving motorcycle accidents with injuries are different. The amount of settlement or jury award you will receive is based on varying factors. Typically, the amount of compensation is determined by the extent and permanency of your injuries, the financial compensation you need to ensure your full recovery or manage daily health and hygiene assistance. In addition, the value of your lawsuit or claim will be based on the amount of funds you have lost from time away from work and your capacity to continue working in your job in the future.

Hiring a skilled personal injury attorney can be extremely beneficial to your case. Your Rhode Island motorcycle accident lawyer can make sure the insurance company, claims adjuster or defendant does not attempt to take advantage of you or provide you a level of inadequate compensation for your injuries. Most of these cases are accepted on contingency, so there is no need to pay for any legal fees up front.

Some of the most common Types of motorcycle accidents in Rhode Island and across the United States are set forth below. If you were injured in Motorcyle crash in Rhode Island, it is important that you retain a RI Motorcycle accident lawyer.

Rhode Island motorcycle accident lawyer

Of course, the list below is only a small sampling of the different types of bike accidents. Motorcycle accidents could also be caused by improper maintenance of a motor vehicle or chopper, speeding, faulty repairs, reckless driving, vehicle stunts, drag racing or a multitude of other causes.

Left Hand Turn crash:

When a motorcycle crash occurs with a motor vehicle turning left, the incident can cause a serious injury or even a fatality. Motorcycles could be cruising at a decent speed when crashing into an automobile turning left. If you are involved in a Rhode Island left hand turn collision, it is important that you immediately consult with an experienced RI personal injury Lawyer.

Many motorcycle, moped or motor scooter accidents in Rhode Island and Providence Plantations result from car or truck drivers not paying proper attention when making a left hand turn. In some instances the motorist is in a rush to get to an intended destination or misjudges how far the motorcycle is from the intersection. Bike accidents also frequently occur when an automobile or pickup truck hits a motorcycle when pulling out of a driveway attempting to make a left turn onto the roadway.

Motorcycle accidents can result in spinal cord injuries, paralysis, traumatic head or brain injury, herniated disk or a myriad of other serious injuries. I strongly recommend that all motorcyclists wear a helmet when operating a bike!

Distracted driving and texting and driving:

Two wheelers sharing the same roads as SUVs, vans, buses or Tractor Trailers is a recipe for disaster. This is especially the case if an 18 wheeler trucker is distracted by conversation; web surfing, cell phone, gps or other electronic device. Texting and driving car accidents and Semi Truck collisions are a major societal issue that governments are trying to come to grips with. If you are injured in a Rhode Island texting while driving auto crash then it is important that you immediately retain an East Providence or Providence area Personal Injury Attorney.

Single bike accidents

According to the NYC Injury firm Block O’toole and Murphy: “A single-bike accident occurs when the rider hits something in the road or “wipes out.”  Block A single bike accident may result from road hazards, faulty equipment, ice, rainy / slick conditions, distracted driving, grooved pavement, operator inexperience or drunk / drugged driving..”

Rear end bike Accident 

Rear end Motorcycle crashes are often caused by a motorist not paying proper attention to his driving responsibilities. In some cases the car driver is speeding or driving recklessly and cannot stop in time to avoid colliding with the motorcycle.

Drunk driving and stoned driving

Drunk and stoned motorists are particularly dangerous TO MOTORCYCLISTS because even a minor crash could be deadly or cause life threatening injuries. In some instances the motorcycle operator is drunk or high and cannot Safely operate the bike.

Cops: New Hope woman drunk in fatal motorcycle crash “Nancy Smith’s blood alcohol content that day was 0.288 percent, more than three times the legal limit when her SUV and Maximilliano Urzua’s motorcycle collided, killing the Ontario, Canada, man, according to police.” Philly

Sleepy or drowsy driving:

“Sleep-deprived driving is the operation of a motor vehicle while being cognitively impaired by a lack of sleep. Sleep deprivation is a major cause of motor vehicle accidents, and it can impair the human brain as much as alcohol can” Source Interstate 680 fatal motorcycle crash caused by reckless driving, CHP says Mercury news “A Walnut Creek woman said the dead motorcyclist appeared to be racing the black coupe and that the motorcyclist appeared to be doing tricks.” San jose Mercury News

We have all seen the phrase, “objects may be closer than they appear” printed in small letters on our car side view mirrors.  This is placed there for a reason.  The human brain’s perception of distances, speeds and the amount of time necessary to avoid traffic collisions is a tricky thing.

A recent study conducted by Pat Delucia, coordinator of the Human Factors Psychology Program at Texas Tech University, and published in the professional journal, Current Directions in Psychological Science, these types of brain miscalculations play a crucial role in motorcycle crashes with automobiles.

Calculate speed

How does our human brain fail to calculate speed and distance and how does this contribute to motorcycle collisions? According to the study referenced above and several other similar studies, our human minds have a natural tendency to correlate size with distance.  Specifically, the smaller an object is, the more our brains equate this with being farther away.  This leads to critical miscalculations specifically related to bikers riding on vehicles (motorcycles) that are, on average, about 80 percent smaller than even a compact to mid-size passenger sedan.

The Left Hand Turn Auto v. Motorcycle Collision

Most Common Example – The Left Hand Turn Auto v. Motorcycle Collision: In the most common example, an automobile is stationary at an intersection waiting to turn left on a solid green signal light.  Under almost all U.S. state vehicle codes, the driver of the car in this situation has a duty to yield the right of way to oncoming traffic and not initiate or continue making a turning movement unless and until there is enough distance between the auto and the oncoming vehicles.  Most drivers are able to accurately predict this safe distance when looking at another vehicle that is as big or bigger than their own such as another car, truck or SUV.  However, because motorcycles and their riders are so much smaller, this distance perception gets skewed.  The driver perceives the motorcyclist as being farther away than they really are and / or misjudging the speed of the bike.  They make a critical decision to turn left without sufficient room and the biker either collides with the passenger side of their auto or swerves to try to avoid such a collision, loses control and lays the bike down.

Why is it important to promptly consult a motorcycle accident and injury attorney following this type of incident?

Depth perception is an issue

Motorcycle accidents where depth perception is an issue usually involve a motorcycle traveling at a fairly significant rate of speed.   This results in a significant impact to the motorcycle rider.  Their bodies (and often times their heads in particular) strike the vehicle or the roadway or both.  This can result in significant personal injuries including fractures, concussions, internal bleeding and other serious, often life-threatening trauma.

Accident reconstruction professionals

A quality personal injury attorney who routinely handles motorcycle accident and injury claims will be familiar with the physics and dynamics of this type of motor vehicle collision.  They will also have experience hiring experts such as human factors and / or accident reconstruction professionals who are educated, trained and certified to analyze the issues involved and determine if the evidence shows a lack of reasonable care which the lawyer can argue to constitute legal negligence on the part of the driver who struck the motorcycle.  The car operator will turn the matter of investigation and resolution of the claim over to their insurance carrier.  Insurance companies have access to their own accident investigation and analysis teams whose sole job it will be to minimize the evidence in support of holding their insured liable.  Without an experienced motorcycle injury lawyer to counteract these efforts, the injured biker is at a distinct disadvantage in trying to obtain maximum recovery.  In some states, if it is found that a party is more than 50 percent at fault, they may be entitled to no recovery at all.  In states like Rhode Island, Massachusetts and California, comparative negligence laws allow a judge or jury to reduce the total amount of money damages to any party found to be at fault for the percentage of fault for which they are deemed to have committed in the traffic accident (e.g. if the biker is 40 percent at fault, their recovery will be reduced by 40 percent).

Motorcycle collision lawyer

All of this makes it critically important to not only retain a quality motorcycle collision lawyer but, to do so promptly.  Delay in retaining an attorney can lead to the loss of critical evidence at the scene such as skid marks, debris, damage to the vehicles, the testimony of witnesses and other evidence.

If a spouse or loved one is killed in a fatal motorcycle or motor vehicle accident in Rhode Island, it is important that the family retains an RI Wrongful Death Attorney with experience in accidents resulting in a fatality.