Motorcycle Accidents in the Boise Foothills

  • May 19, 2020

Today, we have a harrowing personal account of one motorcyclist who survived a severe motorcycle accident. Check out their story below, and drive safe, even if you don’t see any motorcycles—you may not see them until the worst has happened. 

I’ve been a motorcycle enthusiast most of my life. I mean, when you grow up somewhere like Boise, how could you resist? Sure, I know, Boise isn’t exactly known for being a wild place, but the natural landscape is gorgeous. There are hills, long stretches of road leading through natural wonderlands, and a low population density. I thought that might keep me safe. 

I wish I could say it did. Unfortunately, I found out the hard way that, no matter how quiet the roads are, accidents can happen. 

I had taken a ride through a national park, just enjoying a day out with the wind in my hair—well, alright, the wind on my helmet—and an unfiltered look at the sights around me. I was paying attention, of course, and in fact, I was on my way home. That’s when everything went black. 

I don’t remember the accident, but thankfully, there were witnesses. One driver said I was cruising along in my lane when another driver swerved to miss a rabbit, thinking the next lane was clear. They didn’t see me until they’d struck me, and I was rolling across the pavement. 

First of all, I’m lucky enough to have been wearing a leather jacket—I just wish I’d thought to wear gloves. The jacket is pretty much ruined, but it saved me from some severe friction burn. My hands took the brunt of it, and let me tell you, it’s painful. Imagine having a burn on your hands, but from little pebbles and bits of debris. Don’t worry, I won’t go into any more detail, but I don’t want to sugarcoat what happened to me, either. 

Frankly, it could haunt me for the rest of my life. One arm was broken pretty badly, and I lost my left leg below the knee to the accident. It’s been a serious trial to get used to the prosthetic, the physical therapy, and the lifestyle changes I’ve had to make because of the accident. 

Of course, I know I’m one of the lucky ones. Someone could have just not seen me, and I could have lost a lot more than a leg. But I joined the Look Twice movement for people like me. If that driver had looked twice, they may have been able to prevent my Boise motorcycle accident and protected my health and safety.

Now, I haven’t ridden a motorcycle since my accident—it’s hard to keep balance now, and I happen to like my other leg. But I still want to help other bikers who may not have had it as rough as I did. If I can keep one more motorcyclist safe and happy on these beautiful back roads? Well, I’ll count that as a victory all around. 

Do you have a motorcycle accident story of your own? While we share more than stories, we’re excited to share personal accounts from those ready to talk about their accident and how they’ve learned to cope with the losses they suffered. 

New York City Motorcycle Accident Laws

  • April 28, 2020

Every state has their own laws in regards to motorcycle and motor vehicle accidents, and New York is no exception. We reached out to an experienced Queens car accident lawyer to learn more about how the law works in regards to motorcycle accidents in New York City. 

It is important to remember your state may have different laws, so you may need to look more closely at the laws where you live to have a better understanding of what to expect if you are involved in a motorcycle accident in your state. 

New York State Helmet Laws

First and foremost, the state of New York requires all motorcyclists to wear a helmet when operating a motorcycle. It does not matter how old or how experienced a rider you are, you need to be wearing a helmet when operating your bike. 

In some states, if you are over the age of 18 you can operate a motorcycle without needing to wear a motorcycle helmet or other protective gear. But in New York, a motorcycle helmet is necessary. This will be particularly important if you happen to be partially responsible for causing the accident you were involved in. 

How Shared Fault Works

Sharing fault for a motorcycle accident is more common than you might think. Fortunately, New York follows a pure comparative fault law which does not prohibit motorcyclists who share fault from being awarded compensation from the insurance company and in court. 

However, when you are partly liable for the cause of the accident, you should expect to be held accountable for this portion of fault. This will be done by reducing the amount of your final settlement in proportion to your percentage of fault. Let’s look at an example for some clarity:

Say that Jim was not wearing his motorcycle helmet as required by law when he was struck by a driver who was following too closely. Under the state’s comparative fault law, Jim would likely be found partially responsible for his injuries since he wasn’t wearing a helmet. If the courts found him to be 10 percent at fault, his award would then be reduced by 10 percent. So if he was awarded $100,000, he would actually receive $90,000 after his shared fault deduction. 

The good news is that it doesn’t matter how much fault you carry, you can still be awarded compensation for the accident. In some states, sharing fault means you are unable to be awarded compensation of any kind. 

What Happens when You Get in a Motorcycle Accident in North Carolina?

  • March 31, 2020

One of the last places you ever want to get in a motorcycle accident is in North Carolina. Although no one ever wants to get into a motorcycle accident, North Carolina is one of the least victim-friendly states when it comes to car accidents. 

The Nye Law Group told us a little bit about how motorcycle accident claims work in NC and what you can expect in the aftermath.

Let’s start by taking a look at shared fault, as motorcyclists do often share blame for the cause of an accident. In some states, you can be partially responsible for causing an accident and still be awarded compensation from the other liable party. However, North Carolina is not one of those states. 

NC practices pure contributory negligence, which means even if you are 1 percent at fault for the accident, you lose the right to compensation from the other involved party. 

This is particularly troubling for motorcyclists in North Carolina who may be traveling just over the speed limit, chose to ride without a helmet that day (which we do not recommend by the way), or was in violation of some other minor traffic law. 

The only good piece of news for motorcycle accident survivors in North Carolina is that NC has a pretty robust statute of limitations in place for personal injury cases. 

Some states will give you just six month or a year to get your claim filed in civil court, but NC allows for a maximum of three years from the date of the accident to pass before the statute of limitations will expire. This gives victims plenty of time to build a strong case against the liable party.

North Carolina may be a beautiful state, but it is not the best considering it’s contributory fault laws. Motorcyclists of all ages are required to wear helmets in North Carolina, known as a “universal helmet law”, so if you choose not to wear one, not only are you breaking the law, but the chances that you’ll be able to get justice for your injuries if you are struck by a reckless driver are also slim to none. 

While you should always be doing your best to drive safely, if you are traveling through NC or are a North Carolina resident, do yourself a favor and be especially cautious when operating your motorcycle. 

Colorado Motorcycle Laws to Know

  • February 18, 2020

Since motorcycle accidents are going to continue to happen on occasion, and you can’t always prevent yourself from being involved in one, the best way to prepare yourself for a potential motorcycle accident is to understand how the law works for motorcycle accident survivors. 

Your Denver car accident lawyer or motorcycle accident attorney can give you a more detailed idea of what to expect as the law pertains to the circumstances of your case. 

But in the meantime, you can read on to learn more about two of the most important Colorado personal injury laws that could impact your motorcycle accident claim: the statute of limitations and modified comparative negligence law. 

The Statute of Limitations for Personal Injury Claims

Being aware of the statute of limitations is one of the most important aspects of any motorcycle accident claim because it limits the amount of time you have to file your claim in civil court. The statute of limitations in Colorado gives motor vehicle accident survivors a maximum of three years from the date of their diagnosed injury to file a claim. 

This is critical, as failure to file your lawsuit before the statute of limitations expires will result in the loss of an opportunity to both hold the liable party accountable and be awarded compensation for your financial and non-financial losses.

How Shared Fault Works in CO

It is more common than you may think for motorcycle accident survivors to be hesitant to file a lawsuit. This is particularly true in cases where the motorcyclist believes they have contributed to the cause of the accident. The good news is that Colorado does not prohibit those who share fault from being awarded compensation for their losses. 

Colorado follows modified comparative negligence when it comes to motor vehicle accidents and other types of accidents, meaning injury victims can be awarded compensation for their damages as long as they are not more than 50 percent liable for the cause of the accident.

The accident survivor will need to be held accountable for their portion of fault. This is done by reducing the amount of their award in proportion to their percentage of fault. Say, for example, you were not wearing your motorcycle helmet at the time of the accident. The judge may determine you are 10 percent to blame for your injuries, resulting in a 10 percent reduction in your award.

Indiana Shared Fault Laws for Motorcyclists

  • November 21, 2019

Motorcyclists who endure devastating injuries in a collision with a motor vehicle of any kind may be hesitant to file a lawsuit if they are partly to blame for the cause of the accident. But in Indiana, sharing fault does not mean that you are not entitled to compensation for your suffering. 

Unlike states that practice pure contributory fault, which prevents bikers and other individuals who may have contributed to their accident from being awarded an injury settlement, Indiana is a modified comparative negligence state. We go into greater detail below about what it means to live in a modified comparative fault state and how your civil lawsuit might be impacted if you have played a part in the cause of your accident in Indiana.

Modified Comparative Negligence in Indiana

Motorcycle accident survivors can be partly to blame for their accidents and/or injuries in several different ways. Some examples could include:

  • Speeding
  • Failure to use a turn signal
  • Following too closely
  • Ignoring traffic laws
  • Drunk driving
  • Weaving in and out of traffic
  • Failure to wear a safety belt

These are just a couple of ways bikers could be responsible for an accident. Fortunately, Indiana is a modified comparative fault state, which means you can still be awarded compensation for all you have been through. With that being said, there are limits to the amount of fault you can carry, and if you exceed 50 percent of liability, you may lose your chance to obtain full compensation. 

What This Could Mean for Your Motorcycle Accident Claim

In most cases, the judge presiding over your civil lawsuit will determine how much fault you are responsible for. If you were driving 10 mph over the speed limit, for example, you might be found 20 percent at fault for the accident. Then, once your percentage of blame has been established, any amount that you are awarded in your claim will then be reduced by your percentage of fault.

Let’s say you were awarded $100,000 for your losses, and were 20 percent at fault. Your $100,000 award would be reduced by 20 percent, and your case would be resolved at a final injury settlement of $80,000.

If you have concerns regarding how much fault you might carry, your best option may be to consult with an Indianapolis car accident attorney or a motorcycle accident lawyer in your area to learn more about how your lawsuit could be impacted by Indiana’s modified comparative fault laws.

Why New York City is Dangerous for Drivers and Bikers

  • September 7, 2019

New York City is one of the most wonderful places to live in the world, but it is also one of the smallest and most congested cities in the U.S. Car accidents in New York are not uncommon, and this is, in part, due to the fact that the drivers in NYC aren’t doing their part to keep the roads safe. 

We have described some of the ways drivers are negligent while traveling around New York City below in the hopes of preventing as many accidents as possible while opening the driver’s eyes to some of the unsafe driving practices they may be engaging in.  

Drunk Driving

Arguably the number one cause of motor vehicle accidents is drunk driving. If you thought that New York residents being able to walk or take the Subway when they are intoxicated would stop accidents from occurring, you couldn’t be more wrong. 

Operating a vehicle while under the influence of drugs or alcohol still causes a significant number of serious injuries and fatalities every year. If you hope to do your part to prevent collisions, do yourself a favor and don’t get behind the wheel or on the bike after you’ve had one too many, or are even “just a little tipsy”.

Drowsy Driving

Driving while fatigued isn’t as common as drunk driving, but it still happens often enough to be a cause for concern. When someone drives while too tired to do so safely, they can cause serious damage to not only themselves, but anyone who might come into contact with them. 

Most drowsy driving accidents result in a single-car crash, but even this could have been prevented if the driver hadn’t tried to drive while drowsy.

Distracted Driving

When cell phones became wildly popular in the early 2000s, the number of car accidents did as well. In 2019, 48 states have laws against texting while driving due to the number of deaths and injuries that have been caused by distracted driving. 

Drivers aren’t only being distracted by their cell phones though. Fiddling with the radio station or navigation system, reaching for a beverage, and even the passengers can easily distract a driver from where their attention should be. 

Aggressive Driving

It’s safe to say that aggressive driving is the number one reason why New York City is dangerous for drivers. The amount of traffic and congestion on the roads is one thing, but drivers across NYC are becoming more and more aggressive. 

Tailgating, speeding, running red lights and stop signs, changing lanes without using a turn signal and road rage are all significant contributors to the cause of accidents in New York. As tough as it might be when you just want to get home after a long work day, by remaining calm, you may be able to contribute to a decrease in the number of accidents caused by aggressive driving. 

How Valuable Is Your Life?

  • August 23, 2019

Understanding How Much You’re Entitled To

Though the primary focus of “Look Twice” is to ultimately save the lives of as many motorcyclists, travelers, and passengers as possible, we also want to encourage as many injury victims and families of fatal accident victims to have access to the information they need to take action against the parties who are responsible for causing these accidents. 

With this in mind, it is important to consider what happens in the aftermath of an accident, how the claims process works if you pursue civil action, and what goes into calculating a personal injury settlement so that you can be more aware of what is to come while you and your family are still recovering from what has happened to you.

How are Claims Calculated?

Claims are calculated by taking into consideration all of the various ways your life has been impacted by the motorcycle or motor vehicle accident you were involved in. Many injury victims understand that they are entitled to seek repayment for their medical bills and the costs of repairing their vehicles, but are not aware of the other types of losses they can recoup.

For instance, injury victims can obtain compensation for things like diminished quality of life, loss of companionship and love, lost wages, damage to earning capacity, pain and suffering, emotional distress, loss of household services, and more. 

For families of someone who has passed away due to their injuries, a wrongful death claim can be sought and, depending on where you live in the US, you could be entitled to all of the aforementioned losses, as well as funeral and burial costs, loss of inheritance, loss of society and guidance, and several other types of losses.

It is important to keep in mind that the types of losses you can seek will vary based on each state, but this article should give you a better idea of some of the losses you will discuss with your attorney, should you choose to work with one, to ensure that you are maximizing your settlement.

Once your lawyer has been informed of all of your losses and the impact they’ve had on your life, all that needs to be done is for these losses to be given a monetary value if they don’t already have one, and then added up to give you a total value of your losses. 

This page has been provided for informational purposes only and should not be considered legal advice. Speak with an attorney if you need more personalized information.