Riding a motorcycle can be dangerous and how you handle it and what state you are in when you ride make a big difference to your safety. Just recently there were a couple of items in the news involving famous people who had been in motorcycle accidents. One of them was perhaps under the influence at the time, and the other was in the wrong place at the wrong time. I am always interested in reading about cases like this in my profession as a motorcycle accident attorney.
Although these cases may look like one thing on the surface, based on what people “see,” it may very well be that there are other things that need to be taken into consideration. As a motorcycle accident attorney, that’s what I do; investigate each crash thoroughly to find out what happened. It’s never good to assume anything based on first glance evidence.
The first case involved Spencer Havner, a Green Bay Packers pro football player (line backer and tight end) who was injured in a motorcycle accident just last week. He lost control of his Kawasaki motorcycle in Grass Valley, broke his shoulder and suffered numerous cuts and abrasions on the back of his head and left arm. He was not wearing a helmet at the time of the accident. As a motorcycle accident attorney, I strongly encourage all bikers to wear helmets.
By all reports, it was 2:45 a.m. and he was riding on a private roadway that had a cul-de-sac at the end of it. As he went into the curve to round the end of it, he lost control of his ride. EMS crews took him to the hospital for treatment where it was discovered he was under the influence. He was arrested for DUI at the hospital. His charges were sent to the DA’s office for prosecution. Being a motorcycle accident attorney, I knew there were likely some unanswered questions in this case.
Despite what this may look like on the surface, there are some questions that would come to mind for a motorcycle accident attorney. Breath tests can produce false results; was this the case here? Was his motorcycle in good condition or did it have defective parts – e.g. bald tires, defective engine or improperly balanced wheels? Was his unusual driving caused by bad roads or driver distraction? Was he taking any drugs that made him appear to be impaired? A good motorcycle accident attorney asks questions like this to determine the parameters of a case.
Despite what may appear to be inebriation, there are also other reasons for the signs that may indicate someone is drunk, and over the years as a motorcycle accident attorney, I have seen quite a few of them. For instance, just because someone smells of alcohol does not mean they are impaired. It could mean someone spilled a drink. Glassy or bloodshot eyes may be the result of too much smoke or bad contact lenses, not impairment.
Slurring while speaking may be due to medical or dental problems or a physical impairment of the mouth, such as a cleft palate. And so it goes, there are reasonable explanations for many of the behaviors that people often attribute to those who have been drinking. Motorcycle accident attorneys make it their mission to examine every possible alternative.
As a motorcycle accident attorney, I have learned over the years that things are not always what they seem to be on first blush. This is why it is crucial for any case that I put together to make sure every possible angle is taken into consideration.
In a second motorcycle accident earlier in March, Sex and the City 2 star Max Ryan, sustained significant injuries when he hit a vehicle that turned in front of him. He was pinned under the car and when EMS crews got him out, they headed directly to the hospital to stabilize him. He was listed as having five broken ribs and a cracked collarbone.
It’s fairly clear in this case that the driver of the car was at fault, although there is no report that indicates precisely why the driver turned right in front of Ryan and cut him off. There are several things a motorcycle accident attorney would consider in this instance though, and they would include finding out if the driver of the car was texting while driving, eating or drinking while driving, talking on a cell phone, picking something up off the floor of the car, speeding or under the influence of drugs or alcohol.
As you see, there is usually more to a motorcycle accident than meets the eye and it’s vitally important to a motorcycle accident attorney to find out as much as s/he can in order to either expedite a reasonable settlement or take a solid case to court for a jury verdict.
