New York City Motorcycle Accident Attorney Blog

In Groton Connecticut, A Biker runs for office

2012-05-16T19:55:48Z

On May 25^th ^,in Groton Connecticut, Republican delegates from the 18th Senatorial District met and in a unanimous vote, endorsed Theresa Madonna, a motorcycling enthusiast, as their candidate for State Senate.. Theresa is an attorney, a former college administrator, and professional in the healthcare field. She has her law practice in Jewett City, Connecticut specializing in general law, estate planning, elder law, probate matters, consumer bankruptcy workouts, and small business matters.

She is a board member of A Reason to Ride in Griswold, a motorcycle club serving needy veterans. We wish her success in her run for office and point out that motorcyclists come form all walks of life. Oftentimes when we are trying to settle a case or on trial on behalf of a motorcycle accident victim, we face prejudices that the motorcycle riding community often faces. As attorneys that ride and handle motorcycle accident cases, as well as activists in the motorcycle rights community, we fight this type of prejudice wherever we can.

It is thus appropriate that we applaud all the bikers out there like us who take a public stance and publicly and with pride declare their membership in the motorcycle riding community. Ride on Theresa!

NCOM Convention

2012-05-16T16:21:07Z

I just came back form the 27th Annual NCOM convention, in Indianapolis this May 10th to May 13, 2012. It was so nice to see a coming together of motorcycling enthusiasts from across the Country. It seemed representatives from every section of the riding community were in attendance. There were touring motorcycle riders, sport bike riders, 1% patcholders, New riders, old riders women riders, Christian motorcycle club riders, you name it, they were there.

The main topics were how to expand the rights of the motorcycling community and save lives. There were seminars on motorcycle safety, lobbying local and Federal government legislatures, and how to use the Courts.

As chairman of the AIM (Aid to Injured Motorcyclist) Attorney group, I was the moderator on a seminar on Freedom of the road and use of the Courts. I think the program highlighted what hard working attorneys dedicated to the motorcycling community are doing across the country for riders.

Call me anytime if you would like to know more about NCOM, AIM, or would just like to speak to an attorney that rides, is familiar with motorcyclist rights, or if you have had an accident and would like to speak to an experienced attorney. Our consultations are free.

Two charged in Ferrari crash that killed motorcyclist

2012-05-15T19:52:18Z

It is hard being a motorcyclist with so many bad drivers on the road. Sometimes we are at risk from drivers texting, drivers drunk, or drivers simply not paying good and proper attention to the road. Other times it is divers intentionally taking risks that kill or injure our brother and sister riders.

In New jersey, two men have now been charged in a deadly crash with a motorcyclist when they were recklessly driving their Ferraris. Police say 28-year-old Joseph Ferretti, of Dumont, and 19-year-old Joseph Meyer, of Oveido, Florida, were taken into custody late Monday night and charged with death by auto. Authorities say the men, who are employees of Gotham Dream Cars, were driving the Ferraris in East Rutherford, NJ when they lost control and hit a motorcycle.

The crash happened near MetLife Stadium in the Meadowlands.

State Police say the men had fueled up the cars and were driving at a high rate of speed when Meyer struck two curbs and Ferretti lost control and hit a motorcycle driven by 56-year-old Stephen Lenge, of Kinnelon.

Our office has handled far to many of these and similar cases. Typically in a Civil action, our office is looking to provide financial assistance for the victims and their family by getting money from the insurance companies of the vehicles, the Company that owns the vehicles or employs the drivers, and/or money from the driver's themselves.

We look for the maximum compensation the law allows for all riders and their family members. As one rider to another we look to offer assistance to the motorcycle accident victim. We are experienced motorcycle accident lawyers and have known reputations throughout the country for our expertise in this oftentimes difficult area of law.

Sending a text may lead to liability for motorcycle accident

2012-05-10T16:23:59Z

New Jersey judge will rule this month whether a woman who sent a text message to the driver of a pick-up truck is partially liable for his subsequent crash into a couple riding a motorcycle.

The case stems from a 2009 accident when a then 19-year-old Kyle Best got into an accident while texting. Best was driving his pick-up truck and replying to a text he had just received from Shannon Colonna when his vehicle drifted into opposing traffic and slammed into David and Linda Kubert's motorcycle.

The couple's injuries were horrific with David Kubert losing his left leg above the knee during the accident and Linda Kubert having her leg later amputated below the knee as a result of her her injuries. Morris County Superior Court Judge David Rand is expected to make his ruling on May 25 about Colonna's potential liability in the accident.

The driver in the accident, Kyle Best, pleaded guilty to three motor vehicle citations earlier this year. However, his driver's license was not suspended.

The case has again brought up the question of how to balance safe driving with distracting mobile communication devices. The Law offices of Proner and Proner makes it a routine to have Courts order release of drivers cell phone records. These records often times are very important as proof that demonstrate whether or not texting was a cause of a motorcycle accident

In December last year, the National Transportation Safety Board called for a ban on all "personal electronics" in cars except for those needed for emergencies or driver assistance. This ban should be passed as legislation in all jurisdictions, not just to prevent motorcycle accidents but for the safety of all riders on the roads.

United States Wrongful Death Motorcycle Accidents Decrease

2012-05-09T15:33:39Z

For the first time in 12 years, the number of motorcycle deaths in the United States is estimated to have decreased significantly, according to a report released April 22 by the Governors Highway Safety Association.

Preliminary statistics show motorcyclist fatalities dropped 16 percent during the first nine months of 2009 across 39 states that reported monthly data. While fatality data for the final months of 2009 is less complete, the decrease for the full year nationwide is expected to be at least 10 percent, the report indicated. States surveyed for the study attributed the decline to "less motorcycle travel due to the economy, fewer beginning motorcyclists, increased attention to motorcycle safety programs in the states and poor cycling weather in some states."

The report is based on results from a survey of GHSA members that report fatality data for their respective states.

If you are the loved one of a Motorcyclist that died in a Motorcycle accident, please contact the law offices of Proner and Proner. For over fifty years, we have been consultants to families and law firms across the country on the successful prosecution of motorcycle accident cases involving catastrophic injuries and death. We have known experience in these most serious motorcycle accident cases. From one rider to another, we offer help after a motorcycle accident.

Motorcycle Safety Month

2012-05-08T18:27:27Z

All across the United States, State and Local Governments, Law enforcement agencies and Motorcycle Rights organizations are calling May Motorcycle Safety Awareness Month. It is something that needs to be done. Motorcyclists are at risk on the road. Lives can be saved if Motorists stop texting and just look twice for riders.

Across the Country, awareness for motorcycle Safety is on the rise. In Pennsylvania, with increased motorcycle presence on Pennsylvania roadways, Gov. Tom Corbett has signed a proclamation designating May as Motorcycle Safety Awareness month.

In Ohio, a declaration that "May is National Motorcycle Safety Awareness Month" by the Ohio State Highway Patrol included a reminder that motorists that there will be an increase in motorcycles on the roadways with the warmer weather and to remind motorcyclists to ride trained and to ride sober. According to Ohio State statistics, From 2009 to 2011, motorcycle-involved crashes resulted in a total of 503 fatalities and over 11,400 injuries in the state of Ohio. In 2011 alone, there were 167 motorcycle-related fatalities. Of the 167 fatalities, the motorcyclist was at fault 70 percent of the time. At Proner and Proner we find often times reporting is inaccurate and a rider or the loved ones of a rider should always get independent legal advise from an attorney experienced in handling Motorcycle accident cases like the attorneys investigators and Motorcycle accident reconstructionists at Proner and Proner.

In California, May is Motorcycle Safety Awareness Month, according to the LAPD and it is joining forces with other organizations to get the message out to drivers and bikers to share the road. The goal of the campaign is to lower the number of crashes involving motorcycles. In 2010, 361 bikers died and nearly 11,000 were injured in California.

"It comes down to training and proficiency, being able to practice with what you're riding. Motorcycles and technology have improved over the years, but you need to be familiar with your equipment," said LAPD Officer Jeremy Yamamoto.

Most authorities agree the most dangerous spot on the road for motorcyclists isn't the freeway, but at intersections to make a left hand turn. This is usually because because drivers waiting to turn don't see motorcyclists due to unintentional blindness. If you or a loved one is injured in a left turn Motorcycle accident, please call the law offices of Proner and Proner.

Early Season Accidents: Warm Weather Brings Motorcyclists Out

2012-04-30T13:00:00Z

The unseasonably warm weather in New York has brought a lot of motorcyclists out onto the road earlier than last year. An early motorcycle season is beneficial for all riders, especially inexperienced riders who will have more time this season to practice. However, experienced and inexperienced riders alike should be aware that other drivers may not be aware of the early riding season. Therefore riders should be alert as they ride to prevent motorcycle accidents.

Unfortunately, around one dozen motorcycle accidents have already occurred in Ontario County, New York over the last few weeks. In Farmington, a 37-year-old motorcyclist was hit by an oncoming car when the car came across the center line and sideswiped the motorcycle. The motorcyclist suffered a lower leg injury, and the driver was ticketed.

According to the Ontario County Sheriff, visibility is one major cause of motorcycle accidents every year. To increase visibility on the road, some motorcyclists are beginning to wear jackets with reflective designs and colors. Other riders attach additional lights to their bikes. Being seen at dawn and dusk is also an issue. The angle of the rising and setting sun this time of year can create blind spots for other motorists on the road.

]]> Since so many motorcycle accidents are caused by other motorists who do not see motorcycle riders, motorcyclists should drive defensively and be aware of their surroundings. The advice holds especially true for inexperienced riders during a long riding season. Driving defensively will help all riders enjoy being out while remaining focused on the road in front of them.

Source: mpnnow.com, "Motorcycle Accidents Drive Home the Need to Share the Road, Responsibility," Mike Murphy, April 2, 2012

To Help Prevent Accidents May is Motorcycle Safety Awareness Month

2012-04-27T22:00:27Z

To help prevent motorcycle accidents in New York and elsewhere around the country, the National Highway Traffic Safety Administration is sponsoring Motorcycle Safety Awareness Month in May. The campaign urges all drivers to share the road and reminds drivers that motorcyclists have the same rights as any motor vehicle on the road.

Unfortunately, some drivers on the road are not familiar with the practices of motorcycle riding and the unfamiliarity can sometimes lead to oversight that causes an accident, injury or worse. Because of the smaller size of motorcycles road conditions that may be minor annoyances to drivers can be significant obstacles to motorcyclists. Motorcycle riders may need to move within a lane or change speed to avoid potholes, pavement seams and adjust to wet surfaces, grooved pavement, gravel and railroad crossings.

To allow sufficient space for adjustments, drivers should give motorcyclists more following space than other drivers. When following a motorcycle, a driver should give three to four seconds of distance, so that motorcycle riders have enough time to maneuver around obstacles or stop in an emergency.

Drivers should also be aware of a motorcyclist's smaller size when changing lanes or turning at intersections. A motorcyclist may be hidden in a driver's blind spot and therefore drivers should always check for motorcycle riders by checking mirrors and blind spots before leaving a lane or turning. Finally, drivers should always signal their intention to change lanes. Signaling helps motorcyclists prepare for changes in traffic flow.

]]> While these pointers may seem obvious, motorcycle fatalities have increased over the last 13 years. In 2010, motorcycle fatalities accounted for 14 percent of the total traffic fatalities for the year. Since motorcyclists are more vulnerable than other drivers on the road, it is important for every driver to share the road and be aware of his or her surroundings.

Source: nhtsa.gov, "May is Motorcycle Safety Awareness Month," April 25, 2012

Rankings Show Regional Differences in Motorcycle Accidents

2011-11-15T23:57:06Z

Motorcycle accidents happen all around the United States. Riding a motorcycle contains an element of risk no matter where you are - just as it does for any motor vehicle.

Some areas, however, are more dangerous than others for motorcyclists. There are real regional differences across the country that affect the number of motorcycle accidents.

The website Car Insurance Comparison recently compiled data from several different sources to assign safety rankings to each state. The data included not only accident statistics, but also statistics on tickets issued by law enforcement agencies and incidents of drunk driving.

According to these rankings, states in the north tend to have better safety than those in the south. For example, the state with the lowest motor vehicle fatality rate was Massachusetts. And when all factors were considered, Vermont had the best overall safety score.

]]> It should be noted, however, that not all states in the north were ranked highly for safety. Montana, for one, ranked in the bottom twenty states for driving safety.

Many southern and southwestern states fared poorly in the rankings. Louisiana ranked at the bottom in many safety categories that the rankings used to evaluate unsafe driving.

No matter which state you are in, there is also a distinct difference in safety between urban areas and rural ones. Motor vehicle accidents of all types, including those involving motorcycles, are much more likely to happen in rural areas than in major metro areas.

If you have been injured in a motorcycle accident, or a loved one has been killed, contact an experienced motorcycle injury lawyer.

Source: "Motorcyclists Beware: The Worst Drivers in the Country Are in the South," AllAboutBikes,

Fatal Motorcycle Accident Mars California's Love Ride

2011-10-25T21:41:22Z

The motorcycle riding community has a proud history of raising funds for charitable causes. One example is the Love Ride in California's San Fernando Valley, which draws hundreds of bikers every year.

The annual event raises funds for causes that include autism awareness and other children's charities. Fund raising has been a challenge for all charities following the recession. But charitable goals were strong again this year at the 28^th annual Love Ride event. The event also featured a bike show that gave both amateur and professional bike builders a chance to show off what they made.

Unfortunately, this year's ride was marred by two motorcycle fatalities - reportedly the first in the history of the event. Yesterday authorities confirmed the names of the two people who died when they were struck by a tanker truck on I-5 and run over.

The two were Romario Zeri, 51, and his passenger, Julie Anne Cameron, 38.

]]> According to the Los Angeles Times, it was unclear whether the two were directly participating in the ride from Glendale to Castaic Lake. They may also have been riding to the bike show apart from the main pack of riders.

In any case, the fatal accident involving the big rig was a tragic loss. The California Highway Patrol is investigating what caused it.

Meanwhile, many in the motorcycle blogosphere objected to comments made by Jay Leno, the grand marshal of the event. As the ride was getting underway, Leno tried to make a joke about motorcycle accidents. In light of the fatal crash that followed, to many people the remark does not seem very funny.

Source: http://latimesblogs.latimes.com/lanow/2011/10/jay-lenos-joke-before-two-love-ride-bikers-killed-touch-a-nerve.html

Female Motorcycle Riders Now Number Over Four Million

2011-09-29T22:42:19Z

Female motorcycle riders are increasing in numbers. Though men still make up the large majority of motorcyclists, women have shown substantial gains in recent years.

According to the Motorcycle Industry Council, women owned 1,155,000 of the 11 million motorcycles in the U.S. in 2009. That's a 50 percent increase in the number of women in just the last five years.

And that's only the figure for the owners. The number of female riders is nearly four times more than that - about 4.5 million nationally.

The numbers of both men and women motorcycle riders is increasing. This may be partly due to the gas prices, because motorcycles get so much better gas mileage than cars. But the increase among women is a higher percentage than for men.

This increase in female numbers has started to get the attention of motorcycle manufacturers. Harley-Davidson and other manufacturers are turning out more bikes designed to be more female-friendly. That means lower seats at lower heights and cycles that are not as heavy.

]]> Both genders face the risk of motorcycle accidents on the road. Hazards such as motorists who don't pay proper attention to the road put both male and female riders in danger.

About one third of women motorcyclists have completed a certified safety course. That is a higher percentage than for men. Another gender difference is that motorcycle insurance often costs less for women than for men.

These gender differences, however, should not obscure the basic fact that all motorcyclists - young and old, rich and poor, male and female - have common interests in a safe and enjoyable riding experience.

Source: "Number of Women Motorcycle Riders Continues to Increase," AllAboutBikes

Motorcycle Safety Foundation Plans Naturalistic Study of Riders

2011-09-06T23:06:28Z

The only way to make real progress in preventing motorcycle accidents is to get a better overall understanding of how they occur.

The Motorcycle Safety Foundation may have a way to get at that knowledge more effectively than research efforts in the past. MSF proposes to create a year-long video record of a motorcyclist's experience on the road.

In fact, the first test subject for this video venture has already been chosen and equipped. The goal is to recruit a total of 100 bikers of different ages and motorcycle types who will have onboard data recorders installed on their machines.

The riders in this pool of participants will then be grouped into two main categories. One will be from ages 21 to 34, and the other 45 to 64.

Other sponsoring organizations, besides the MSF, are the Virginia Tech Transportation Institute and the National Highway Traffic Safety Administration.

The goal of the study is not a morbid one of getting spectacular crash footage in the event of a motorcycle accident. Regardless of the number of accidents, the project should build useful baseline data on the riding habits of riders of different ages on different bike models.

]]> Dr. Sherry Williams of the MSF emphasizes that the purpose of the project is to better understand the riding habits of motorcyclists on all types of rides - not just those that end in accidents. The cameras and other recording equipment are meant to be unobtrusive, so that participants no longer even notice they are there.

In addition to video cameras, the other equipment will include a GPS receiver, accelerometers, devices to tracks, and sensors for brake and pedal use.

The naturalistic picture of motorcycle riding that emerges from this data collection should be very useful in understanding how things really are for motorcyclists out on the road.

Source: "MSF 'Naturalistic Study' for motorcycle crash prevention begins," Sport Rider, 8-26-11

Caution Urged for Both Motorists and Bikers During Sturgis Rally

2011-08-11T20:01:01Z

The Sturgis Motorcycle Rally is once again in full swing. Bikers from across the country are converging on Sturgis, in the Black Hills of South Dakota. This year, the rally officially runs from August 8 to August 14.

The annual rally in Sturgis is now seven decades old. It draws 500,000 people from the motorcycle community to the Black Hills every year for the festivities.

Organizers of the rally work hard to operate it as safely as possible. But South Dakota law enforcement officials are cautioning both bikers and drivers of other vehicles to exercise care on the road. Last year, more than a third of the state's 27 motorcycle fatalities happened during the approximately two-week period during which bikers are headed to and from Sturgis.

Bikers and other vehicle drivers should make extra efforts to share the road, said Sgt. Rick Miller of the South Dakota State Patrol. This means, above all, showing mutual respect and paying attention at all times.

]]> Motorcyclists of many different types participate in the Sturgis rally. It's true that, in recent times, there have been complaints among veteran riders about all the expensive Harley-Davidson machines there. But there are also still grittier, more hard-core bikers as well.

It is unclear what effect the economy will have on rider participation at Sturgis this year. Gas isn't cheap, and it can be a long way to Sturgis for people on a tight budget.

For many motorcyclists, however, it's still worth it.

Source: "Patrol urges bikers, motorists to use caution," Rapid City Journal, 8-1-2011

Motorists Need To Keep Their Eyes Open to Help Prevent Motorcycle Accidents

2011-07-21T18:18:51Z

Automobile drivers often claim that it's hard to see motorcyclists on the road. Far too often, this is an excuse offered by motorists who were not paying enough attention and caused a motorcycle accident.

It's true that motorcycles are smaller than cars or trucks. In that sense, cycles are harder to see. But it's not as if motorcyclists are wearing Harry Potter's invisibility cloak. As the long-time bumper says, it's time to "start seeing motorcycles."

It is sometimes claimed that motorcyclists should always go a bit faster than the flow of traffic. The idea is that this keeps the motorcycle rider moving away from danger.

The problem with that reasoning is that going faster than the traffic behind you means that you'll start closing on the traffic in front of you. And this can raise a visibility issue for motorists up ahead, if they are not paying proper attention.

]]> Over the years, the biker community has taken many actions trying to increase the visibility of motorcyclists on the road. Cyclists often wear bright colors, or even fluorescent vests - and yet motorists are still quick to trot out the "didn't see you" excuse after an accident.

Motorists need to retain their eyes to see what's happening on the road more comprehensively. Cars and trucks aren't the only vehicles out there. Motorcycles have the right to be there too.

If you have been injured in a motorcycle accident, or someone close to you has been killed, contact an experienced personal injury attorney. A lawyer can assess your case and explain your legal options for pursuing compensation.

Source: "Are bikers invisible, or what ?" iolmotoring, 7-21-2011

Fatal New York Motorcycle Accidents Bring Calls for Better Safety on the Road

2011-06-22T17:19:34Z

There have been eight fatal motorcycle accidents in New York State already in June. And there are still nine days to go in the month.

Clearly there are many drivers who need drive more responsibly. And the state needs to do a better job of encouraging safety by all who share the road.

Barbara Fiala, Commissioner of the Department of Motor Vehicles, acknowledges the importance of the state's role. "We have seen fatalities and crashes," she said, "and education is a huge part of making our roads more safe."

The DMV has expressed an intention to coordinate with other agencies and parties on an initiative to encourage careful driving. Components of the initiative would include warnings against driving under the influence of alcohol or drugs, as well warnings against distracted driving. In addition to the DMV, participants would include the state patrol and motorcycle advocacy groups.

]]> To emphasize the importance of better safety for motorcyclists, state officials point to data showing that bikers are 37 times more likely to die when a crash occurs than automobile drivers are.

This bears repeating: Someone riding a motorcycle is 37 times more likely to die when a crash happens than someone driving a car. This should be an eye-opening comparison for car drivers - and encourage them to pay more attention to safety on the road.

That's why Commissioner Fiala of the DMV is encouraging both drivers and riders to have a refresher on their road safety skills.

This is particularly important in summer for several reasons. For one thing, there are more motorcyclists on the road in the warmer months. Summer is also the heaviest time for road construction projects, which can create additional danger on the road.

Source: "Deadly month for motorcyclists brings a warning," YNN, 6-22-11