To view this, you need to install the Flash Player 9. Please go to here and download it.

Charpentier Law Firm Blog

February 17, 2012

JURY DISMISSES SUIT AGAINST HARLEY-DAVIDSON OVER ABS INDICATOR

Posted under: Motorcycle — Charpentier Steve @ 11:47 am

An article by Dennis Chung in the December 20, 2011 edition of MOTORCYCLE.COM reports that a Sacramento Superior Court jury has dismissed a lawsuit filed against Harley-Davidson involving a 2009 accident that left one of the plaintiffs with severe brain injuries.

Judy Wilson was injured in an April 11, 2009, crash after her husband, Jack, locked the rear wheel of his non-ABS equipped 2008 Harley-Davidson Road Glide.  

The plaintiffs contended they believed their was equipped with ABS because the instrument panel had an ABS indicator icon and from the salesperson’s sales pitch. The Wilsons sought $2.6 million in damages.

The defense argued the salesperson never said the model was equipped with ABS. Harley-Davidson lawyers argued ABS and non-ABS versions of the same model have identical instrument panels, with the indicator light disabled on non-ABS versions. The defense argued it was not a manufacturer defect to have a position on the instrument panel for an ABS indicator for models without ABS.

The jury deliberated for just half a day before ruling there was no defect and the dealership did not mislead the plaintiffs about whether the Road Glide was equipped with ABS.

The case could have had far-reaching consequences for motorcycle manufacturers if the jury ruled in favor of the plaintiffs. If they ruled a defect existed, manufacturers could have to produce separate instrument panels for the same models with or without ABS.

If you’ve been involved in a motorcycle accident, you can benefit from the experience and knowledge of the 

Brevard County motorcycle accident lawyershttp://www.brevardlawyer.com/html/trucking-accidents.html at Charpentier Law Firm, P.A.http://www.brevardlawyer.com/html/motorcycle-accidents.html

Our motorcycle accident attorneys are here to help.

Motorcycle accident statistics are extremely vital, supplying relevant data and educating us on how to effectively reduce accidents and injuries.

For more information on Motorcycle Accidents Click Here:  http://www.brevardlawyer.com/html/motorcycle-accidents.html

February 6, 2012

Latest Honda Recalls

Posted under: Motorcycle — Charpentier Steve @ 9:40 am

Motorcycle Consumer News-January 2012-Honda is recalling certain model year 2010 NT700V motorcycles manufactured from NOvember4 26, 2009, through November 27, 2009. A tire information label applied to the swingarm may display incorrect tire size and air pressure specifications. Improper inflation of tires may affect vehicle handling and lead to premature tire failure, increasing the risk of a crash. Honda will mail the correct tire information label along with installation instruction. At the customer’s option, a dealer can perform the installation for them free of charge. The safety recall began on November 10, 2011. Owners may contact Honda at 866-784-1870. Honda’s safety recall number is S02. NHTSA campaign ID number: 11V526000.

For more information on Motorcycles Click Here: http://www.brevardlawyer.com/html/motorcycle-accidents.html

January 30, 2012

I-95 Reopens After Motorcycle Wreck in Melbourne

Posted under: Motorcycle — Charpentier Steve @ 9:41 am

Florida Today-January 30, 2012-According to the article, a 19-year-old man is in stable condition after being thrown from his motorcycle in a crash that occurred on Interstate 95 near the Wickham Road exit in Melbourne, Brevard County, Florida. The accident occurred around 7:15 a.m. in the northbound lanes of I-95 just south of the Wickham Road exit. The highway was shut down for a brief period of time due to the medical helicopter being used to transport the motorcyclist. The rider of the motorcycle was taken to Holmes Regional Medical Center in Melbourne, Brevard County, Florida. The rider suffered road rash and other injuries and fortunately was wearing a helmet at the time of the accident.

For more information on Motorcycle Accidents Click Here: http://www.brevardlawyer.com/html/motorcycle-accidents.html

January 23, 2012

Man Injured on Scooter

Posted under: Motorcycle — Charpentier Steve @ 6:03 am

Florida Today-January 20, 2012-According to the article a 24-year-old Merritt Island man is in serious condition after he lost control of his scooter and crashed into a car Thursday. The young man was trapped under the car and was going in and out of consciousness as paramedics worked to stabilize him at the scene. The man was taken by helicopter to Holmes Regional Medical Center in Melbourne, Brevard County, Florida. The article goes onto say that the man was driving a 2009 Bash scooter southbound on South Tropical Trail through the S-curve just south of State Road 520 around 1:30 p.m. He lost control of his scooter and slid across the road ending up underneath a northbound 2002 BMW driven by an elderly woman. The driver of the BMW was not injured in the accident. A male passenger on the scooter jumped off before hitting the BMW only suffered minor injuries. The driver of the scooter was not wearing a helmet and will also receive a ticket for failure to use due care.

For more information on Motorcycle Accidents Click Here: http://www.brevardlawyer.com/html/motorcycle-accidents.html

January 20, 2012

A 56-year-old Man Dies in Motorcycle Accident on Interstate 95

Posted under: Motorcycle — Charpentier Steve @ 5:34 am

Florida Today-January 14, 2012-According to the article a 56-year-old man died after a motorcycle accident that occurred on Interstate 95 just south of State Road 520 in Cocoa, Brevard County, Florida. The man was from Brunswick, Georgia and riding a 2000 Honda motorcycle. The motorcycle rider was leaving the northbound center emergency lane when he was hit by a 2009 Chevy around 12:30 p.m. The article goes onto say that the motorcycle rider was ejected at impact and was not wearing a helmet at the time of the accident.

For more information on Motorcycle Accidents Click Here: http://www.brevardlawyer.com/html/motorcycle-accidents.html

December 29, 2011

PROFICIENT MOTORCYCLING GEAR

Posted under: Motorcycle — Charpentier Steve @ 6:46 am

An article by Ken Condon in the December 2011 edition of MOTORCYCLE NEWS discusses the importance of wearing protective riding gear as well as the various types of gear out there for motorcyclists. The article also discusses the notion of “ATGATT” (All The Gear, All The Time).

One can look around on a warm day and see that not all motorcycle riders think that wearing riding gear is necessary. The most egregious example is the rider who is dressed as though he or she just walked off the beach. It makes sense to wear protection that can minimize injury in the event of a fall. However, many people choose to risk their skin and bones by wearing flimsy clothing when they ride. Many motorcycle riders will forego wearing gear if the weather is hot or if they plan on being in public where they feel out of place in their riding gear.

Another reason for the lack of gear lies in the fact that a lot of riders deny the possibility of a crash. This of course can be hard to believe since one of the most common perceptions of motorcycling is that it is dangerous.

The following is a discussion by Condon of riding gear options, as well as the concept of riding gear as it pertains to risk management and perception.

Riding Gear – from head to toes

Helmets are the most controversial part of riding gear—where the battle line between individual freedom and public safety is often drawn. Presently, 20 states and the District of Columbia have a universal helmet law. Three states have no helmet law and the remaining 27 states have a helmet law that applies to riders under a certain age.

In states where helmet laws are enforced, many people who would rather go helmet-less choose to wear non-DOT compliant, unpadded “novelty” helmets— as a political protest or as a style—either because helmets don’t fit their image of motorcycling or because their peers would disapprove. But where going helmet-less is legal, part of the attraction is the feeling that comes from being fully immersed in (exposed to) the environment.

Some misguided folks will tell you they don’t wear helmets because they subscribe to the theory that helmets don’t really reduce injuries. Of course, there is strong evidence that helmets do, indeed, reduce injuries and death, and if you believe the gruesome science and statistics, then you understand that riders who go without a helmet are increasing their risk significantly.

Without an energy-absorbing layer of expanded polystyrene to slow down the rate of deceleration, the brain has little chance of surviving intact after a blow to the head. While DOT and/or Snell approved helmets aren’t perfect, they’ve proven to significantly increase the chances of survival.

For the best protection, nothing beats a full-coverage helmet, which offers protection in the chin area. And considering the fact that between 15% and 20% of impacts occur in that area, a full-face helmet is the way to go if injury protection is a priority. For those not wanting to wear a full-coverage helmet, a flip-up helmet may be just the ticket. But if you’ve got to feel the wind on your face, a DOT- approved open-face, three-quarter helmet may be an acceptable compromise. These helmets will protect the brain in many situations, but leave the facial area exposed.

The least protective headgear is the non-DOT-compliant novelty “beanie” helmet favored by many members of the cruiser crowd; completely devoid of impact-absorbing materials. A better alternative is a DOT-approved half helmet that looks a lot like the beanie and does not detract from the traditional look the cruiser rider is after.

 Riding jackets offer excellent comfort and protective features. The cut of a good motorcycle jacket will have rotated sleeves to improve comfort with extended arms and with added length in the sleeves and at the back to cover a bent torso. Pockets, cuffs, neck and waist areas are usually fitted with snaps or Velcro, and zippers are covered by flaps to prevent wind and rain from infiltrating.

 Nylon jackets are very popular for their abundant venting and pockets, along with their ease of washing and the wide variety of color combinations available, including high-vis yellow for added conspicuousness. While nylon’s abrasion protection is less than leather, its protective qualities are very good, especially when you consider that almost every nylon garment sold :includes impact-absorbing armor at the elbows, shoulders and back.

 Denim pants are probably the most iconic single piece of motorcycle gear and by far the most common type of leg covering, however, denim is no match for road abrasion. European testing conducted in 2002 concluded that denim will abrade through in 0.6 seconds compared to 5.8 seconds for 1.4mm thick leather. Some people have discovered Kevlar-reinforced denim pants, which look traditional and offer better protection than regular jeans.

 Chaps are commonly worn by cruiser riders. Even though adding a layer of leather over street pants is a good idea, chaps offer less protection in the rear, and considering the fact that many crashes involve sliding on your butt, that drawback can be significant.

Glove and boot selections range from sporty racing-inspired models to rugged construction-worker styles. Protecting your feet and hands is important, but comfort and control must also be considered. Thick gloves hinder control feel and if not well-shaped, can fatigue the hands. Select motorcycle-specific gloves with pre- curved fingers made of sturdy yet pliable materials. It’s the same with boots, extra- thick work soles may look tough but can make smoothly controlling the rear brake and shifter more difficult.

Boots that offer excellent riding protection may not be appropriate for walking any great distances. Carrying walking shoes in your saddlebags is one solution, but often riders will simply wear their comfortable shoes and forego protection. Another solution is to carefully select boots that offer both good protection and walking comfort. Fortunately, there are many models to choose from that fall into this category.

 Aside from abrasion, the impact of your torso slamming the pavement in a fall can do real damage to your hips and knees, and riders who have learned the hard way insist bn wearing pants with pads in those critical areas as well.

Fashion

Fashion dictates a lot of our riding gear buying decisions. In the 70s when I started riding, jean jackets or leather bomber jackets, jeans, work boots and work gloves made up a rider’s wardrobe. As the decades passed and motorcycles became more specialized, riding gear evolved to better match differing riding styles, and with this specialization diverse identities emerged.

Too often, riders put little thought into protection, instead choosing their riding gear based on accepted fashion standards. Unfortunately, when fashion is the primary reason for a purchase, riders can make poor decisions that leave them with little protection or comfort. For example, some riders walk away from heavy leather jackets because their bulk can be unflattering, which might make a prospective purchaser look toward a thinner, more supple “fashion” leather jacket that hangs nicely and is cut to create a flattering shape. Unfortunately, these jackets offer little protection compared to heavyweight cowhide. Fashion jackets can’t hold up to sliding on abrasive pavement; zippers pull apart, thin leather tears and the fine threads break, revealing vulnerable flesh to the road below.

ATGATT Defined

As Condon discussed, fashion, comfort and protection can go hand in hand. Therefore, the definition of ATGATT varies depending on whom you ask. Because ATGATT means different things to different people. One answer could be, “DOT helmet, eye protection, full coverage riding jacket, full-fingered gloves, sturdy long pants, and over-the-ankle boots.” This is pretty much right out of the MSF handbook. The definition can also include all of those things, but also included armored riding pants.

Ask any serious road racer how he or she defines ATGATT and you’ll hear “Top-of-the line full-coverage helmet, leather one-piece racing suit with elbow and knee armor, hard back and chest protector, full gauntlet gloves with armored knuckles and armored boots. Ask a street rider the same question and you’ll get a wide range of answers.

Safer Crashing

As great as quality riding gear is, it only has a marginal effect on preventing a crash. Riding gear can prevent dehydration, heat exhaustion and distracting discomfort, and brightly colored clothing can help a motorcyclist be seen easier, but riding gear itself doesn’t make an unskilled or careless rider less likely to crash.

It would be nice to be able to prevent death or serious injury simply by wearing a sturdy jacket and strapping on the most expensive helmet we can afford, but the’ reality is _that many deaths occur despite the rider wearing all the best gear. After all, elbow, knee, back and shoulder armor,, is no match for a truck or guardrail. And no helmet made can withstand the impact of more than 300 G, which is a problem when a direct impact at normal speeds can easily exceed 500G. According to Academic Emergency Medicine (www.aemj.org) a human head will suffer brain damage 15.4% of the time if exposed to as little as 50 G. And neck and spine injuries are another serious problem that a helmet can’t do much about.

Fortunately, the vast majority of crashes cause non-life-threatening injuries. However, our body can only take so much trauma and will succumb if there is an accumulation of too many relatively minor injuries. That means that a serious case of road rash (which can cause septic shock), might be too much for your bodyto take if it also has to deal with a broken bone or two and a concussion. The lesson is that protecting your body from eyen relatively minor injuries can save — your life.

It’s tempting to think that full protection isn’t necessary because you’re just riding around town at slow speeds, but consider how much damage would be done if you were to slide on bare skin even at parking lot speeds. Most crashes happen in the 30-mph range, and at that relatively low speed, protection becomes critical to prevent significant injury.

Risk Perception

Why do some people choose to ride without protection while others insist on it? Putting excuses, ATGATT such as hot weather, inconvenience, cost or fashion aside, the answer must be risk perception and varying levels of risk acceptance. Many times this perception is based on personal beliefs and past experiences. It is very common for riders to start wearing all of the gear after they or someone they know has experienced an injury that could have been prevented by the use of riding gear. Before, they didn’t believe that riding gear could make a difference; now they do.

The perceived level of risk posed by riding a motorcycle can also vary because the dangers are not always apparent and can be ignored. A higher level of risk becomes obvious when the perceived level of danger increases.

Some people are comfortable, or even thrive, while living on the edge. These riders are willing to take the chance that they may end up with road rash if they crash. They may also be willing to risk brain injury by either not wearing a helmet or choosing an ineffective lid. Assuming these riders are rational &hilts, the obvious explanation is that they have convinced themselves that the likelihood of a crash is low and that if they were involved in a crash, they would make out okay. These riders are making a calculation based on delusions and wishful thinking.

 At the other end of the spectrum is the ATGATT rider who makes the same calculations, but determines that the outcome can easily threaten his or her life. This motivates the ATGATT rider to always put a layer of protection between his or her body and anything that might threaten it.

 Somewhere in-between is where most motorcycle riders are. They know the importance of head protection and the serious consequences of even a mild brain trauma, and to protect their skin they know enough to wear long sleeves and jeans at the very minimum. These riders perceive the risk of crashing as something that could happen, but their choice of less protection suggests that they believe the likelihood of being involved in a crash is low.

Increased Risk?

Riding a motorcycle is not unlike walking on a beam that is suspended high above the floor, and it’s human nature to be more cautious and to consider personal protection in higher risk situations. On the other hand, some argue that wearing protective gear can instill a false sense of confidence that can lead to greater risk-taking. Indeed, studies have shown that people are more likely to take greater risks when wearing full protective gear than when they are not as well protected. The protection may come from a full- coverage helmet and leather racing suit, or it can come from driving a large SUV. However, a thinking adult realizes that protective gear is intended to prevent injury, not to allow recklessness. Wearing protective gear is a very important part of risk management, because even the most skillful motorcycle riders can find themselves in trouble and need protection in a fall. But, I caution you not to think that wearing riding gear is a substitute for well-developed skills. The best riding gear on the market cannot prevent injury and death in all situations; far from it. The best line of ain defense against ending up in the hospital is a cache of excellent mental strategies and physical skills.

If you’ve been involved in a motorcycle accident, you can benefit from the experience and knowledge of the Brevard County motorcycle accident at Charpentier Law Firm, P.A.  Our motorcycle accident attorneys are here to help.

Motorcycle accident statistics are extremely vital, supplying relevant data and educating us on how to effectively reduce accidents and injuries.

For more information on Motorcycle Accidents Click Here: http://www.brevardlawyer.com/html/motorcycle-accidents.html

December 19, 2011

BIKER HELMETS MAKING A COMEBACK

Posted under: Motorcycle, Personal Injury — Charpentier Steve @ 7:38 am

The November 16, 2011 edition of Sun-Sentinel, a South Florida-based news publication, states that South Florida motorcycle riders are urged to wear helmet 10 years after the helmet law was repealed.

The article reports that head injuries remain the second-most common injuries requiring hospitalization for motorcyclists, with 29 percent of Florida’s motorcycle crash deaths attributed to traumatic brain injuries.

While the personal injury insurance coverage requirement helps, the median hospital charge is five times the state’s minimum $10,000 mandate. And worse, almost half – 49 percent – of those biker emergency room visits and hospital stays in 2009 weren’t covered by insurance. This results in a cost shift that fell to other Floridians (many of whom don’t own motorcycles), either in the form of higher taxes or increased insurance premiums.

If you’ve been involved in a motorcycle accident, you can benefit from the experience and knowledge of the Brevard County motorcycle accident lawyershttp://www.brevardlawyer.com/html/trucking-accidents.html at Charpentier Law Firm, P.A.

Motorcycle accident statistics are extremely vital, supplying relevant data and educating us on how to effectively reduce accidents and injuries.

For more information on Motorcycle Accidents Click Here: http://www.brevardlawyer.com/html/motorcycle-accidents.html

December 9, 2011

Man Dies After Motorcycle Crash

Posted under: Motorcycle, Motorcycle accidents, Personal Injury — Charpentier Steve @ 8:57 am

Florida Today-December 8, 2011-According to the article a motorcyclist died after running into the back of vehicle on State A1A on Wednesday in Cocoa Beach, Brevard County, Florida. The motorcyclist was not wearing a helmet when his Kawasaki motorcycle struck a 2002 Toyota Corolla. The motorcyclist was taken to Holmes Regional Medical Center in Melbourne, Brevard County, Florida where he later died of his injuries.

For more information on Motorcycle Accidents Click Here: http://www.brevardlawyer.com/html/motorcycle-accidents.html

December 6, 2011

Motorcyclist Injured in a Wickham Motorcycle Accident

Posted under: Motorcycle, Motorcycle accidents, Personal Injury — Charpentier Steve @ 6:20 am

Florida Today-December 6, 2011-According to the article Wickham Road in Melbourne, Brevard County, Florida was temporarily closed down due to a motorcycle accident that occurred late Monday night. The motorcyclist suffered a severe head injury in the motorcycle crash. The motorcyclist was flown to Holmes Regional Medical Center in Melbourne, Brevard County, Florida. The article goes onto say a Dodge pickup truck was northbound on Wickham Road when it started turning left into Krispy Kreme. The motorcyclist was traveling southbound and tried to avoid the collision by laying down his motorcycle on the wet pavement. The motorcyclist ended up sliding into the door of the truck. The rider of the motorcycle was not wearing a helmet at the time of the accident and suffered serious head injuries. The driver of the pickup truck was no injured in the crash.

If you’ve been involved in a motorcycle accident, you can benefit from the experience and knowledge of the Brevard County motorcycle accident lawyers at Charpentier Law Firm, P.A.

For more information on Motorcycle Accidents Click Here:http://www.brevardlawyer.com/html/motorcycle-accidents.html

December 5, 2011

RESPONSIBILITY OF MOTORCYCLISTS

Posted under: Motorcycle — Charpentier Steve @ 7:46 am

An article by Brian Catterson in the November 1, 2011 edition of THE MOTORCYCLIST online magazine, discusses the issue of the riders responsibility while operating street bikes. Some examples in the article of risks sometimes taken by motorcycle riders include:

Using the gaps between the parked cars in the right-hand lane to scoot by stopped traffic.

Feeling in your “comfort zone” because you are close to home or on familiar territory. Statistically, most accidents occur close to home, because our days begin and end there.

Drinking alcohol. Statistically, nearly one-third of all fatal motorcycle accidents involve riders who were under the influence, so if you don’t drink when you ride you’ve already improved your odds substantially.

Not anticipating actions of other drivers (vehicles making sudden u-turns, for example).

Speeding. Never go faster than you can stop.

A quote from the article – “In motorcycling, “The House of Bad Decisions” is the hospital. Don’t go there.”

If you’ve been involved in a motorcycle accident, you can benefit from the experience and knowledge of the Brevard County motorcycle accident lawyers http://www.brevardlawyer.com/html/trucking-accidents.html at Charpentier Law Firm, P.A.

Motorcycle accident statistics are extremely vital, supplying relevant data and educating us on how to effectively reduce accidents and injuries.

For more information on Motorcycle Accidents Click Here:http://www.brevardlawyer.com/html/motorcycle-accidents.html

« Previous PageNext Page »

back to top

Our dedicated attorneys will fight for your legal rights. Contact our office today to find out how we can help.






North Brevard
1135 South Washington Avenue
Titusville, Florida 32780
(321) 631-5446
Map

Central Brevard
1980 Michigan Avenue
Cocoa, Florida 32922
(321) 631-5446
Map

South Brevard
2285 West Eau Gallie Blvd.
Melbourne, Florida 32935
(321) 308-8020
Map

Super Lawyers
Seriously Outstanding
only 5% selected each year

LegalEliteLogo
Martindale Hubbell Peer Review Million Dollar Advocates Forum

LEGAL NOTICE AND DISCLAIMER: The materials within this web site are for informational purposes only. They are not legal advice and should not be used as such. Transmission of the information in this web site is not intended to create, and receipt does not constitute, an attorney-client relationship. Internet users and readers should not act upon this information without first seeking professional legal counsel. The information in this web site is provided only as general information which may or may not reflect the most current legal developments.