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Showing posts with label biker. Show all posts
Showing posts with label biker. Show all posts

Thursday, December 12, 2013

Driver Gets 10 Year Prison Sentence for Road-Rage and DUI Crash that Killed Biker

Thursday, December 12, 2013
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Home > DUI > Driver Gets 10 Year Prison Sentence for Road-Rage and DUI Crash that Killed Biker

A fatal crash between a drunk driver and a motorcyclist last June has resulted in a 10 year prison sentence for the driver. The incident occurred last June in Naperville, Illinois and claimed the life of an innocent motorcyclist.

Not only was the at-fault driver under the influence of marijuana, he was also engaged in a road-rage incident that further caused him to driver recklessly and irresponsibly, making him a danger to himself and everyone on the road. The driver reportedly got into an argument with three teenagers in another car while stopped at a traffic light. He then attempted to chase down the teenagers and drove aggressively while doing so. As he was chasing the teens, the driver failed to exercise caution and collided with and killed a motorcyclist, who was a resident of Lombard and who died at the scene due to the severity of his injuries.

After the collision, the driver fled the scene but was later found by police officers who charged the man with aggravated driving under the influence and leaving the scene of an accident. The driver was found guilty of both charges in March and was just sentenced this week. In addition, he was also charged with aggravated reckless driving and misdemeanor charges of possession of marijuana, obstructing an officer, and failing to yield while turning left.

This crash was preventable and did not need to happen. Unfortunately the driver in this case got behind the wheel when he was unfit to do so and he should never have been driving that day. In addition to driving under the influence, the man engaged in a situation with another vehicle that led to road-rage and a fatal collision with an innocent biker. And if those two factors alone weren't enough, the driver fled the scene of the crash, potentially delaying any chance the victim would have had to receive medical care or to speak with police, as he was required to do by law.

Any one of those behaviors can cause a crash but once they were combined, it is no surprise that the outcome was fatal in this case.

Road-rage is much more prevalent than realized in Illinois and it occurs daily. Some estimate that road-rage is a factor in more than 50 percent of the collisions that occur every year. Still, it is often overlooked as a serious problem facing all drivers.

Anyone can get irritated or annoyed while driving, particularly at the behavior of another driver. Though frustration may occur, it is never acceptable to let that anger accelerate to the point of road-rage. Road-rage is a series of risky actions or behaviors while driving that leads to an assault by one driver against another person, either with a motor vehicle or without one. It is also important to realize that road-rage is considered a criminal offense and not merely a traffic violation, meaning that drivers who exercise road-rage could face jail time even without causing a collision or hurting anyone.

The best way to avoid road-rage is to not rush to your location, try to remain calm while driving, and to accept that you cannot control the way other drivers drive. That being said, even the most careful and safest driver can be a victim of road-rage at any moment. The results are sometimes minor and may not even be an injury, but as this case demonstrates, the results all too often can be fatal.

If you have been a victim of road-rage, you have a right to bring a civil case against the person responsible for your injuries. You may be able to make a claim for any losses you sustained or any damages you incurred, including injuries and medical bills. Call the road-rage injury lawyers at Abels & Annes, P.C. today for a free telephone consultation regarding your case. We also offer free in-home and in-hospital consultations for those clients who wish to meet with us in person but are too injured to come to our office, so please call us today at (312) 924-7575 or toll free at (855) 529-2442 and let us help you.

Prior Blog Entries:

Van Driver in Illinois Crash that Killed 5 Had Suspended License, Chicago Car Accident Lawyers Blog, published June 2, 2013.

Firery Illinois Crash Was Caused By Drunk Driver, Chicago Car Accident Lawyers Blog, published May 31, 2013.

Resources:

Plainfield man gets 10 years for fatal road-rage crash, Chicago Tribune, published May 29, 2013.

Motorcyclist killed by motorist involved in unrelated 'road rage' incident, by Melissa Jenco, Chicago Tribune, published June 14, 2012.


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Sunday, June 19, 2011

Response to biker comment about car drivers causing motorcycle accidents

Sunday, June 19, 2011
1 comments

I received this comment below from Arlin after my blog: Saving lives is more important – keep Michigan’s motorcycle helmet law. According to Arlin, it’s distracted drivers of cars and trucks who cause most motorcycle accidents, not bikers themselves.

Here’s what Arlin had to say:

“Let me ask you this Mr. Lawyer, why don’t the auto-drivers pay more for when they cause the motorcyclist to crash? I’m not sure of the percentages, but isn’t the person who is driving a car at fault most of the time? Why should we pay extra for them? We (bikers) aren’t texting, or on the phone or eating while we are riding! We are on the lookout for the average dumbaa@$ to run us over, watching out for obstacles in the road, and other distracting things the drivers of cars are doing. I have over a million and a half miles under my (belt) from being a commercial driver, and a motorcycle enthusiast… I‘ve seen a lot of stupid things on the road out there, and if I was a cop, I could have written hundreds of tickets a month. Bottom line is cars are the real hazard, and they should pay if they are at fault, just like the motorcyclist should pay if he is at fault. What’s fair is fair.”

Arlin: I agree with you that many motorcycle accidents are caused by distracted drivers of automobiles and trucks. I even addressed this in my blog, How to drive safely around motorcycles in Michigan.  The point I’m always trying to make is how important motorcycle helmet use is, especially with the recent push to repeal Michigan’s motorcycle helmet requirement law. With the increase in motorcycle accident fatalities in Michigan,  I was writing on safety and prevention of accidents.  Certainly car drivers need to be aware of motorcyclists, and part of the problem is many drivers don’t’ “see” a biker who is on the road to begin with.

But as you write, even if you are a very safe rider, accidents can still happen, which is why I’ve been writing about the need to wear a helmet. Studies by NHTSA clearly show that helmet use can prevent traumatic brain injury, catastrophic personal injury, and even death from serious motorcycle accident crashes.

So bikers, why wouldn’t you wear a helmet?!

As to your suggestion about who should pay… If the driver of a car causes the motorcycle accident, the first person responsible for the motorcyclist’s No-Fault benefits would be the auto insurance company of the owner of the automobile involved in the accident with the motorcycle.

So to answer Arlin’s question, when a car causes a motorcycle accident, it is the at-fault driver who is responsible for the biker’s insurance benefits.

Here’s a blog I wrote on the subject: I was in a motorcycle accident in Michigan: How do I get No-Fault benefits?

Arlin, thank you for reading my safety blog. I respect your opinion. I think we both would like to  keep motorcyclists safe, and to help prevent motorcycle crashes from ever occurring by pushing for stronger safety standards and laws.  And when they do occur, we would both like to reduce the likelihood of a totally catastrophic outcome, which is why I’ve been writing about the need to save the Michigan motorcycle  helmet law.

I believe motorcyclists and auto drivers need to share the road and protect each other. However, I’d like to remind drivers to respect the space of bikers by paying extra attention when you’re driving around them, and trying to stay as far away from them as possible. This will further help to keep motorcyclists safe.

Share the road.

- Steven M. Gursten heads Michigan Auto Law and is recognized as one of the nation’s top motorcycle lawyers. He received the highest motorcycle accident settlement in Michigan last year, according to Michigan Lawyers Weekly. Steve has spoken at trial seminars on motorcycle lawsuits, and is available for comment.

Related information to protect yourself:

How long do I have to file a motorcycle accident lawsuit?

Michigan’s current motorcycle helmet law

Choosing a safe motorcycle helmet

Michigan Auto Law is the largest law firm exclusively handling car accident, truck accident and motorcycle accident cases throughout the entire state. We have offices in Farmington Hills, Detroit, Ann Arbor, Grand Rapids and Sterling Heights to better serve you. Call (800) 777-0028 for a free consultation with one of our motorcycle lawyers.


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Wednesday, April 20, 2011

What insurance is a biker required to have on a motorcycle?

Wednesday, April 20, 2011
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With all of this talk about Michigan’s motorcycle helmet law possibly being repealed, our motorcycle accident lawyers thought it would be a good time  to review the  personal injury protection (PIP) insurance for motorcyclists.

We usually tell our clients that the only insurance required for a motorcyclist in Michigan is basic liability coverage for a pain and suffering (third-party) personal injury suit. The coverage must be at least the minimum liability set by law, according to the Michigan No-Fault law.

A motorcycle owner can still purchase additional, optional contractual insurances, such as PIP coverage (also referred to as No-Fault insurance), which includes medical benefits and wage loss.  Very few bikers purchase PIP because it’s expensive. My own feeling is that if you are riding a motorcycle - especially without a helmet once the motorcycle helmet law is repealed - then you should be purchasing PIP coverage on a motorcycle. The incidence of traumatic brain injury and spinal cord injury is much higher with bikers, and you don’t want your treatment for a catastrophic personal injury to be dependent on Medicaid options.  With Motorcycle PIP, you can treat anywhere, with any specialist, and receive the best treatment in America.

A motorcycle owner can also purchase other insurance, such as uninsured and underinsured motorist coverage. Uninsured motorist coverage (UM) and underinsured motorist coverage (UIM) provide a valuable source of legal recovery when someone is injured in an auto accident by another driver who is uninsured or does not have adequate insurance.

The Michigan motorcycle insurance law

A motorcycle is not considered a motor vehicle in Michigan, according to the No-Fault law. MCL 500.3101(2)(e) requires that a vehicle have more than two wheels to be considered a motor vehicle. This  was meant to exclude motorcycles, making bikers involved in crashes exempt from the legal requirement to purchase No-Fault PIP insurance coverage.

But motorcycle accidents often involve other cars and trucks on the road. As such, Michigan No-Fault insurance benefits will generally be available to Michigan motorcycle accident victims.

Michigan law only allows one year to file a (first-party) claim for No-Fault benefits after a motorcycle accident. Michigan law allows three years to file a (third-party) claim for pain and suffering and excess economic loss against a negligent driver who causes a motorcycle accident.  Michigan has a very strict and unforgiving statute of limitations.  If you have questions, ask an experienced motorcycle accident lawyer as soon as possible.  If you submit a bill past the statute of limitations, you will be personally responsible for it.

We can help you and your family members better understand motorcycle insurance laws and what happens after someone has been seriously injured in a crash. To speak with an experienced motorcycle accident lawyer, call Michigan Auto Law at (800) 777-0028. There’s no cost or obligation.

- Steven M. Gursten heads Michigan Auto Law and is recognized as one of the nation’s top motorcycle lawyers. He received the highest motorcycle accident settlement in Michigan last year, according to Michigan Lawyers Weekly. Steve has spoken at trial seminars on motorcycle lawsuits, and is available for comment.

Related information:

Michigan No-Fault insurance for motorcycle accidents

Motorcycle accident law FAQs

What happens when a biker causes a motorcycle accident in Michigan?

Michigan Auto Law is the largest law firm exclusively handling car accident, truck accident and motorcycle accident cases throughout the entire state. We have offices in Farmington Hills, Detroit, Ann Arbor, Grand Rapids and Sterling Heights to better serve you. Call (800) 777-0028 for a free consultation with one of our motorcycle accident lawyers.

TweetPosted in Michigan Driver Safety, Michigan Motorcycle Accidents, Michigan No Fault Insurance

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