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How Not To Split Lanes in a Motorcycle Case by Aimee Kirby (Dolan Law Firm)

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Christopher Dolan
Christopher Dolan

"How Not To Split Lanes in a Motorcycle Case" was a presentation given by Aimee Kirby from the Dolan Law Firm at the 52nd Annual CAOC Convention in San Francisco & the CAALA Convention in Las Vegas. Aimee goes into detail about the in's and outs of a motorcycle case. The presentation goes from what the average person's perception of a motorcyclist is, cuts through those perceptions and gives useful tips and tricks for winning your case. Watch this video that interviews 4 random San Franciscans about their view on motorcycles: http://youtu.be/DfbEFYjKVEs

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How Not to Split Lanes in a Motorcycle Case Aimee Kirby
The next 20 minutes. Battling stereotypes Upsides to motorcycle cases Brain buckets (helmets) Booze and Drugs! Human Factors eyeballs, hands and feet Accident Reconstruction a motorcycle is not a car
What are common stereotypes about motorcyclists? 1. They ALL lane-split, speed or break rules. 2. They have a higher duty of care. 3. They are gang members and do drugs or abuse alcohol. 4. They get whats comin to em!
The great upsides of motorcycle cases 1. Nearly all are catastrophic injury cases. 2. It is very easy to get policy limits, even if liability is in dispute. 3. Most of your clients will be good, salt-of-the-earth people, with military backgrounds.
What is a helmet? Shell Fiberglass, polycarbonate, ABS plastic, carbon fiber Energy absorbing liner polystyrene, polyurethane Comfort liner low-density foam Strap webbing and clasp
Brain Buckets HELMETS: NOVELTY Often sold at motorcycle shows and online, and do not comply with Federal Motor Vehicle Safety Standards (FMVSS) VS DOT, SNELL/ANSI Meet FMVSS 1. Thick Inner Liner 2. Sturdy Chin Strap 3. Weight of Helmet 4. Design/Style of Helmet SNELL/ANSI 1. DOT + plus private standards
Wonderful stickers you find on helmets (Evid 352 motion)
Counterfeit DOT Labels DOT stickers bought online Homemade DOT stickers
Beanie Helmet Warning Labels
Beanie vs. Full-face
Coverage and Components Fiberglass shell Comfort liner Energy absorbing liner Comfort liner
Cross Section Beanie Full-face
Helmet: Regarding Injury Causation 1. Most of the time the helmets are gone, so no issue. 2. If it still exists, have it examined by an expert, whether it has dot sticker or not. (Sometimes stickers are removed or are worn off.) 3. Have an expert opine whether the helmet (or better helmet) would have made a difference given speed and direction of impact. (Weigh dropping mild brain cases if strong ortho, etc.)
Booze and Drugs 1. Many clients with prior military services, will have battled with prior drug and alcohol problems, which may be a problem with psych claims, life expectancy, and future managed care. 1. Almost half of the fatality accidents involving motorcycles involved alcohol. (USC & NHTSA, 2006) 3. Drugs I have personally (er professionally) dealt with are Meth, Cocaine, and Marijuana.
Booze and Drugs Client Intake: Pre-file 1. Ask about all prior or current substance abuse problems. 2. Check ambulance records for signs of intoxication, indication of needle marks, and/or administration of morphine in route. 3. Check hospital intake records for preliminary toxic screens.
Booze and Drugs Effects depend on: D Dosage A Absorption T Task E Experience (Tolerance)
Booze and Drugs NHTSA study found drivers with 0.05% BAC to have significant impairment in: Perception-reaction time (PRT) Visual Tracking Concentrated attention Divided attention NHTSA conclusion: No lower limit can be placed on alcohol impairment driving-related skills.
Booze Alcohol and Crash Probability 0.10% BAC 600% increase 0.15% BAC 2500% increase
Human Factors Predominating cause of motorcycle collisions: Failure of other drivers to detect motorcyclist until too late (if at all). In almost half of multiple vehicle accidents, view of motorcycle (or other vehicle) is limited by glare or obstructions.
Conspicuity Drivers are accustomed to searching for larger vehicles and may not detect motorcyclists Daytime running lights improve detection Even when detected at similar distances, drivers are more likely to pull in front of a motorcycle than a larger vehicle
Human Factors Many motorcyclists show significant collision avoidance problems: Over-brake and skid rear wheel Under-brake front wheel, reducing deceleration potential Limited ability to counter-steer or swerve
Accident Reconstruction: Speed! Evasion potential often more limited than for larger vehicles Lower injury potential if travel speed is slower (e.g. speeding versus at speed limit) Front and rear braking can be controlled independently Very little crash test data
My Tips Push for longer time to select a jury and jury questionnaires. People dont like motorcycles, tattoos, piercings; I dont know why. Give comparative options always! 15% is my favorite, because you have to. Get every witness to say motorcyclist is within so many feet of motorcycle after accident, to prevent throw distance calculations (because there is very little crash data). Prove up with blood splatter. Prep clients on the issue.
My Tips Understand how a motorcycle up-shifts and down-shifts. Any witnesses that testifies to speed or accelerating, pin them down on gear. Get them to admit that their estimate is based on sound (which is nearly always the case). Need MILs on anything Motorcycle I got them. Or that they only saw it for a splitsecond, exclude.

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How Not To Split Lanes in a Motorcycle Case by Aimee Kirby (Dolan Law Firm)

  • 1. How Not to Split Lanes in a Motorcycle Case Aimee Kirby
  • 2. The next 20 minutes. Battling stereotypes Upsides to motorcycle cases Brain buckets (helmets) Booze and Drugs! Human Factors eyeballs, hands and feet Accident Reconstruction a motorcycle is not a car
  • 3. What are common stereotypes about motorcyclists? 1. They ALL lane-split, speed or break rules. 2. They have a higher duty of care. 3. They are gang members and do drugs or abuse alcohol. 4. They get whats comin to em!
  • 4. The great upsides of motorcycle cases 1. Nearly all are catastrophic injury cases. 2. It is very easy to get policy limits, even if liability is in dispute. 3. Most of your clients will be good, salt-of-the-earth people, with military backgrounds.
  • 5. What is a helmet? Shell Fiberglass, polycarbonate, ABS plastic, carbon fiber Energy absorbing liner polystyrene, polyurethane Comfort liner low-density foam Strap webbing and clasp
  • 6. Brain Buckets HELMETS: NOVELTY Often sold at motorcycle shows and online, and do not comply with Federal Motor Vehicle Safety Standards (FMVSS) VS DOT, SNELL/ANSI Meet FMVSS 1. Thick Inner Liner 2. Sturdy Chin Strap 3. Weight of Helmet 4. Design/Style of Helmet SNELL/ANSI 1. DOT + plus private standards
  • 7. Wonderful stickers you find on helmets (Evid 352 motion)
  • 8. Counterfeit DOT Labels DOT stickers bought online Homemade DOT stickers
  • 11. Coverage and Components Fiberglass shell Comfort liner Energy absorbing liner Comfort liner
  • 13. Helmet: Regarding Injury Causation 1. Most of the time the helmets are gone, so no issue. 2. If it still exists, have it examined by an expert, whether it has dot sticker or not. (Sometimes stickers are removed or are worn off.) 3. Have an expert opine whether the helmet (or better helmet) would have made a difference given speed and direction of impact. (Weigh dropping mild brain cases if strong ortho, etc.)
  • 14. Booze and Drugs 1. Many clients with prior military services, will have battled with prior drug and alcohol problems, which may be a problem with psych claims, life expectancy, and future managed care. 1. Almost half of the fatality accidents involving motorcycles involved alcohol. (USC & NHTSA, 2006) 3. Drugs I have personally (er professionally) dealt with are Meth, Cocaine, and Marijuana.
  • 15. Booze and Drugs Client Intake: Pre-file 1. Ask about all prior or current substance abuse problems. 2. Check ambulance records for signs of intoxication, indication of needle marks, and/or administration of morphine in route. 3. Check hospital intake records for preliminary toxic screens.
  • 16. Booze and Drugs Effects depend on: D Dosage A Absorption T Task E Experience (Tolerance)
  • 17. Booze and Drugs NHTSA study found drivers with 0.05% BAC to have significant impairment in: Perception-reaction time (PRT) Visual Tracking Concentrated attention Divided attention NHTSA conclusion: No lower limit can be placed on alcohol impairment driving-related skills.
  • 18. Booze Alcohol and Crash Probability 0.10% BAC 600% increase 0.15% BAC 2500% increase
  • 19. Human Factors Predominating cause of motorcycle collisions: Failure of other drivers to detect motorcyclist until too late (if at all). In almost half of multiple vehicle accidents, view of motorcycle (or other vehicle) is limited by glare or obstructions.
  • 20. Conspicuity Drivers are accustomed to searching for larger vehicles and may not detect motorcyclists Daytime running lights improve detection Even when detected at similar distances, drivers are more likely to pull in front of a motorcycle than a larger vehicle
  • 21. Human Factors Many motorcyclists show significant collision avoidance problems: Over-brake and skid rear wheel Under-brake front wheel, reducing deceleration potential Limited ability to counter-steer or swerve
  • 22. Accident Reconstruction: Speed! Evasion potential often more limited than for larger vehicles Lower injury potential if travel speed is slower (e.g. speeding versus at speed limit) Front and rear braking can be controlled independently Very little crash test data
  • 23. My Tips Push for longer time to select a jury and jury questionnaires. People dont like motorcycles, tattoos, piercings; I dont know why. Give comparative options always! 15% is my favorite, because you have to. Get every witness to say motorcyclist is within so many feet of motorcycle after accident, to prevent throw distance calculations (because there is very little crash data). Prove up with blood splatter. Prep clients on the issue.
  • 24. My Tips Understand how a motorcycle up-shifts and down-shifts. Any witnesses that testifies to speed or accelerating, pin them down on gear. Get them to admit that their estimate is based on sound (which is nearly always the case). Need MILs on anything Motorcycle I got them. Or that they only saw it for a splitsecond, exclude.