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San Ramon Woman Awarded Settlement in Motorcycle Accident
June 10, 2008

After six years, a San Ramón, California woman has finally been awarded an additional restitution settlement of $514,000 after a motorcycle accident injured her in 2002.

In July 2002, 58-year-old Pamm Hagopian was taking part in a motorcycle parade with her husband John in Gilroy. As they neared Gavilan College, Thomas Crail tried to pass the motorcycle, and clipped the handlebars of their bike. John lost control of his bike, and the vehicle crashed.

Pamm was sent flying through the air, and landed several feet away. Her bones were shattered in a number of places, and the skin on her face was pulled off. Since the motorcycle accident, she has had four operations, and months of intensive physical training to regain her former strength. Once an active woman with a job to look forward to everyday, she has been unable to return to work and may never be able to go back to work again. She has been forced to stay at home, and this has also led to her being unable to contribute to her retirement plan. If she hadn't been injured in this motorcycle accident, she would have been eligible to retire in 2013. Not only is she unable to contribute to the household income, Pamm is also unable to do any housework. This formerly active woman can no longer do mundane things like washing the dishes or doing laundry. John had the added responsibility of shouldering the burden of the housework.

All these factors, the Santa Clara County Court has determined, have led to lost wages totaling $338,000. Her medical bills are $109,000, and legal costs related to her case against Thomas Crail have been estimated at $66,000.

Today Pamm and John rely on John's income as a handyman. Because Pamm doesn't work, she has no health insurance either, and medical expenses are hard to bear.

After the motorcycle accident it was found that Thomas Crail had a blood alcohol limit of 0.13. He was convicted for felony DUI causing an injury in 2002 and was sentenced to one year in county jail. In December 2003, Crail was ordered by a court to pay Pamm Hagopian more than $119,000 in restitution.

Although Hagopian is grateful for the awarding of his settlement, she says that it cannot compensate or take away the pain and suffering of the last seven years. she has made a painful recovery, and has permanently lost much of her strength and abilities. She is also often wracked by excruciating pain.

These sort of severe injuries are all too common in a motorcycle accident, and still we see so many of these accidents occur every year across the state. The extreme injuries that a motorcycle accident always results in are almost always restricted to the rider of the motorcycle that has been hit.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of motorcycle accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

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Compensation Fixed in Rep. Janklow Motorcycle Accident Death
May 16, 2008

Relatives of a man killed in a motorcycle accident that involved former representative Bill Janklow, have settled their wrongful death lawsuit for $1 million.

In the motorcycle accident that took place on August 16, 2003 in Trent, South Dakota, Janklow was on official government duty, and was driving his white Cadillac Seville. At a busy intersection, he ran a stop sign and slammed into a motorcycle driven by Randy Scott. Scott, a 55-year-old man from Minnesota, was thrown several feet into the air. He died at the scene of the motorcycle accident. Janklow suffered minor injuries.

At his arraignment, it was disclosed that Janklow who suffers from hypoglycemia, had taken an insulin shot that morning, but had not eaten anything the whole day. As a consequence, he was feeling fatigued, and likely blacked out, which is why he ran the stop sign, his lawyers claimed.

The jurors at his motorcycle accident trial were not made aware of his record of reckless driving. This was a respected public figure who had a total of 20 speeding violations to his credit. He had also been involved in three previous accidents before the one that killed Scott. Janklow's predilection for speed, fast cars and motorcycles was well known in the state, but jurors didn't hear of it at the trial, although his bad driving record was splashed all over the media. This was a man who was completely unapologetic about his speeding, and bragged about it once during a speech to the state legislature, saying he loved speeding and when it got him a ticket, he paid it.

Sadly, this swaggering bravado had tragic results, and not for Janklow. It's shameful that a public figure, a respected congressman, indulged in such selfish and precarious behavior, ending the life of a man. Scott wasn't speeding, he didn't run a stoplight, and he certainly didn't do anything to deserve being killed in a motorcycle accident. And he paid with his life. Janklow on the other hand, who was driving at over 70 miles an hour in a 55 mph zone, and ran a stoplight, escaped with minor injuries.

Janklow was found guilty of second-degree manslaughter in December 2003, and served 100 days in jail and paid a fine. He resigned from Congress, and currently practices as a lawyer.

Because Janklow was on official duty at the time of the motorcycle accident, he was spared any personal liability, which was instead ascribed to the government. Because Scott has no minor children dependant on him (both his kids are adults) the compensation amount for the wrongful death lawsuit was fixed at $1 million. When you consider that the speeding-red-light-running Janklow is alive and well, and back practicing law, and Scott who did all his riding by the traffic rules is dead, you think it isn't a fair settlement.

If you have been injured in a motorcycle accident, you need the help of an experienced California personal injury attorney. Contact a lawyer at The Reeves Law Group for a free consultation.

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Yamaha Rhino Injury Rate Charges Ahead
April 07, 2008

The Yamaha Rhino All Terrain Vehicle (ATV) has many enthusiasts. In the event of a rollover or accident, it is also responsible for some of the most crippling injuries.

Introduced in 2003, the Rhino has been riddled with problems, as evidenced from the high rate of injuries caused when the vehicle rolls over. A rollover is eminently more possible in a Rhino because of its faulty design - it has a narrow wheelbase and a high center of gravity. This causes the ATV to turn over when making a sharp turn. You don't have to be driving at a high speed to tip the Rhino over as you make a turn - it's been known to rollover even at low speeds. Once the vehicle rolls over, the lack of foot or lower leg protection makes injuries not only possible, but also even likely. People have been known to have their legs crushed under the weight of the frame. These injuries are equally severe whether you're seated at the passenger side or in the driver's seat.

Since its introduction, the Rhino has been responsible for dozens of injuries leading to disfigurements and maimed bodies. Lives have been lost. Only in February 2008 two persons were killed at the Sand Dune Recreation Area in one. In both cases, the persons were ejected from their seats after making a turn, and ended up with the massive weight of the ATV on their bodies.

The increased reports of Rhino related injuries forced the company to come out with a feeble safety warning for all Rhino drivers. The warning cautioned drivers that their vehicle could have a risk of tipping over when a sharp turn was made. The letter also advised drivers not to put their leg out of the ATV vehicle when it began tipping over to steady the vehicle. The problem with this warning is that the force of gravity as the vehicle begins to tip over makes putting the leg out of the ATV a reflex action that can't be controlled easily. The root of the problem lies not in the person's actions as the ATV tips over or even the size and weight of the ATV which can't be changed, but the risk of tipping over which needs to be controlled by Rhino's manufacturers. Yamaha has, however, been silent about this, taking little action to make their ATVs safe for customers.

Yamaha also issued advisory stickers to warn people of the dangers of tipping over. Stickers. How effective is a sticker going to be? Does Yamaha assume that a sticker will absolve it of all blame in the event of a rollover causing injuries? Or, is this the company's way of pushing all blame off of itself and showing that they're doing the right thing by their customers?

The number of people - adults and kids alike - being killed by these ATVs are no laughing matter. Yamaha needs to be held accountable for the injuries that are caused by its poorly designed vehicles.

If you have been injured in an ATV or motorcycle crash, you need the help of an experienced California personal injury lawyer. Contact an attorney at The Reeves Law Group for a free consultation.

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Rise in Motorcycle Accident Fatalities Linked to Low Helmet Use
March 28, 2008

The rising fatalities from motorcycle accidents have been known to be related to a number of causes including, the increasing age of riders and the more advanced and more powerful machines that are harder to control. According to USA Today, the answer could also lie in the decreasing use of helmets in motorcycle riders.

Back in the days when the number of states that made it mandatory for riders to wear helmets was higher, the fatalities were fewer. But the laws were changed when the government decided to stop withholding highway money from states that did not enforce helmet use. When this happened, it became easier for people to flout helmet laws in their state and many states began getting softer about enforcing the use of helmets.

It might have been a huge mistake it seems because the number of fatalities has risen correspondingly. In 1996, there were 5.6 motorcyclists killed for every 10,000 registered motorcycle owners, while by 2006, this rate had risen to above 7 out of 10,000.

The figures speak for themselves. The number of dead in motorcycle accidents over the same period increased from 2160 to 4180. In sharp contrast, death rates for other passenger vehicles accidents have been falling.

Motorcycle accidents are unique in a number of aspects. For one, more than half of motorcycle accident fatalities did not involve accidents or collisions with another vehicle. The rider simply lost control of his own machine.

Motorcycles account for barely 2 percent of the traffic on the streets. This should naturally mean that they have a smaller percentage of fatalities. Wrong. They account for nearly 10 percent of all street accident fatalities. At least 42 percent of fatalities were not wearing helmets at the time of the accident.

With these kinds of facts and statistics, you would think there would be a bigger lobby trying to enforce stronger helmet laws. It's far from the case. In fact, critics of the helmet law are lobbying to drop these helmet laws. According to them, riding on the bike should be left to riders who need to use their common sense and not be coerced into wearing helmets by the state. The National Transportation Safety Board on its website clearly states that motorcycle accident injuries are a huge drain on public health care in this country, a fact that the anti-helmet lobby denied vehemently.

As of now, just 20 states have laws that require younger riders to wear helmets. At least three states - Illinois, Iowa and New Hampshire have no such laws at all. Other states have made efforts to bring back helmet legislation, but have failed in their attempts. Delaware, Montana, Kansas, Oklahoma and Hawaii did introduce legislation to make helmets compulsory for all motorcyclists but the law wasn't passed.

Regardless of whether states are able to enforce stricter helmet laws or not, we hope that motorcyclists realize the danger to their life and limbs in case of an unfortunate accident. These statistics are particularly troubling when you consider the numbers of young people who ride motorcycles without wearing helmets.

If you have been injured in a motorcycle accident, you need the help of an experienced California personal injury lawyer. Contact an attorney at The Reeves Law Group for a free consultation.

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Two Killed in Motorcycle Accident
March 18, 2008

The dangers of reckless driving and speeding when you're ona motorcycle were brought home again on Sunday night when two people including a motorcycle rider, were killed in an accident.

Early evidence seems to suggest that the motorcyclist, 36-year-old Donnell Dodson Jr., was speeding on his motorcycle on the 55 freeway in Orange, California. It was 11 pm and Dodson was riding the motorcycle in the northbound lanes of the freeway. He lost control of the motorcycle and the vehicle hit the center dividers. The motorcycle was stalled at the divider, but Dodson was thrown across from the northbound lanes into the southbound lanes, with deadly consequences. He was hit many times by different vehicles.

An approaching Honda tried to swerve to avoid Dodson's body that was lying in the lane, and lost control of the vehicle trying to avoid going over the body. The car hit a guardrail and bounced back and into the center divider where a number of other cars struck it. That driver, Kristian Casey Wood, was killed instantly. He was just 20 years old.

There are no reports of any other injuries resulting from the accident.

This has been a tragedy on more than one count. The man speeding on his motorcycle has been killed due to his reckless driving, while another innocent man, who had nothing to do with the first accident has been killed in a ricocheted effect from the accident. This accident again brings to light the special dangers that affect motorcycle riders and the unique precautions they must take to make sure the freeways are safe for them and for other drivers.

Motorcycles accidents have been rising steadily since the nineties. In 2004 in fact, the National Highway Traffic Safety Administration confirmed that 4008 motorcycle riders had died, and more then 70,000 had been injured that year alone as result of accidents. At least one third of all motorcycle drivers involved in such accidents are reportedly to be speeding. This is a worrisome trend.

It doesn't take a scientist to understand that motorcycle riders are among the most vulnerable among drivers on the street, perhaps second in accident susceptibility to bicyclists. With very little to protect them from the impact of an accident and being vulnerable to being thrown off in the event of an accident, motorcycle riders face numerous threats to their safety, and indeed their lives. A helmet can prove life saving in a high impact crash.

The rising cases of motorcycle accidents have been compounded by the fact that the demographics of these riders is changing. Older baby boomers in their fifties and sixties form the new layer of riders who are now taking to the streets, that in many ways are unsafe for them.

It's a little late in the day for Donnell Dodson Jr. to learn the number one lesson in motorcycle safety - speed kills. We hope such incidents serve as an eye opener to other drivers on the road who might be tempted to take their life in their own hands.

If you have been injured or a loved one has been killed in a motorcycle accident, you need the help of an experienced California personal injury attorney. Contact a lawyer at The Reeves Law Group for a free consultation.

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Carmel Businessman Dies in Motorcycle Accident
December 11, 2007

It was a tragic end to the annual Carmel, California motorcycling community's toy ride to distribute toys to charities in the area. Prominent local business man and avid motorcyclist Richard Whitworth, was killed when his bike was struck from behind by a car on the Canyon Del Ray entrance to Highway 1.

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Antioch California Teen Killed in Motorcycle Accident
November 26, 2007

J.R. Scott loved adventure sports and had been riding motorbikes since his father introduced him to one when he was five. He was a motocross enthusiast and had won the 20006 California Motorcycle Club championships. Last Sunday, 16 year old J.R. died from injuries received not on his latest dare devil adventure, but as the result of being hit by a car in a hit and run accident that has left his family devastated.

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Yorba Linda Resident Killed in Motorcycle Accident
November 20, 2007

A motorcyclist who was injured in an accident in Orange, California on Sunday afternoon has died as a result of his injuries.

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Motorcycle Accidents on the Rise in California
October 22, 2007

As the number of motorcycle fatalities countrywide increases, California has kept pace with motorcycle accident related deaths, which have increased substantially over the years. At least six motorcyclists have died in accidents in the San Gabriel Valley in the past six months. On October 1, 18-year-old Glendora, California resident Joseph Garabet became the latest motorcycle accident victim in a trend that the California Highway Patrol says isn't about to reverse anytime soon.

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Motorcyclist Injured In Ortega Highway Crash
September 27, 2007

Earlier this morning a motorcyclist was injured in an accident on Ortega Highway in Orange County. The motorcycle rider, who hasn't been identified yet, was riding westbound behind a pick up truck at a reported speed of up to 65 mph. The motorcyclist tried to overtake the pickup on the wrong side of the road, and swiped against the side of the van. He sustained injuries, and was taken to Mission Hospital in Mission Viejo, California.

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New Generation of Super Bikes Increases Motorcycle Accidents
September 18, 2007

The growing popularity of super bikes or super motorcycles has led to a sharp increase in motorcycle fatalities in 2007. These bikes that have the power of a car, but weigh less than the bulkier motorcycles of yesterday are being driven by a generation of not-so-experienced riders. Handling these super sophisticated machines with their high speeds and powerful acceleration capacity is not always easy, and the expected motorcycle accident fatalities for this year are expected to break the earlier record of 4955 set in 1997. In 2005, for instance, these high performance bikes accounted for barely 10 per cent of all bike registrations but were involved in a quarter of all motorcycle accidents.

Riders of these advanced motorcycles suffer greater number of injuries than other motorcycle riders. Compounding the problem are the growing numbers of middle aged bikers who return to the biking scene after a couple of decades. They fail to realize two important points - their bodies are not the same as a couple of decades ago, and neither are the bikes. The hottest bike of the 70s, the 90 horsepower Kawasaki Z1000, is quite tame compared to the company's new 200 horsepower ZX-14.

Many of these super sport bikes are actually designed for the race track. Although these are not as common as Harley Davidsons, they are the fastest growing segment in the motorcycle industry. According to an article in the Wall Street Journal, a study conducted on motorcycle riders between 2000 and 2005 found that super bike-riders had a death rate of 22.5 for every 10,00 registrations. Older riders also seemed to have a higher fatality rate than younger ones. This rise in motorcycle accidents is pronounced even when you factor in the increased numbers of motorcycles on the roads these days.

Sometimes, despite taking every precaution, motorcyclists suffer serious personal injury because of the negligence of another. If this is your case you need an experienced motorcycle accident attorney to help you recover financial compensation for your medical bills, pain and suffering, and loss of income. Call the personal injury lawyers at The Reeves Law Group. Consultation is free and you don't pay until your case has been settled.

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Perris California Man to be Charged in Fatal Motorcycle Crash
August 29, 2007

We know driving under the influence can lead to ghastly accidents, and is a major cause of traffic deaths in this country, but this one is tragic and more than a little gruesome.

Last Saturday, Tony Martinez of Perris, California was pulling his 1993 Saturn out of a parking lot and onto California State Route 74. According to the California Highway Patrol, he was more than a little under the influence, and this was probably what caused him not to notice 20 year old Moreno Valley, California resident Nicholas Justin Campbell on his motorcycle riding towards him. The motorcycle crashed into Martinez's Saturn, sending Nicholas crashing through the rear windshield head first. His torso slammed through the rear window while the rest of his body hung behind. Martinez - and this where it gets particularly horrific - then proceeded, in his alcohol induced haze presumably, to drive on home with Campbell's body still hanging out the back of his car! Later, he drove to a fire station where Campbell was confirmed dead.

The Los Angeles Times says Martinez was taken into custody on suspicion of three felonies - vehicular manslaughter, driving under the influence, and hit and run driving. According to the Riverside County District Attorney's office, he will be formally charged today at the Riverside County Superior Court.

There has been a spate of DUI caused accidents these past couple of weeks. This blog alone has featured quite a few car crashes in California involving horrific injuries and deaths like the two Garden Grove, California sisters who were seriously injured when their car was crashed into by a drunk driver, and the San Diego woman who died when her car wasrear ended by yet another driver who was either too stupid or too reckless to ask for a ride home after a drink too many.

Driving under the influence doesn't just cause these atrocious accidents, it also completely obliterates a person's judgment ability, like in the case of Martinez. A man who can be drunk enough to drive home with a body hanging out of his car shouldn't be allowed behind a wheel. Period.

If you've been injured in a motorcycle accident or lost a loved one in a motorcycle crash where DUI was the main suspect, call the personal injury lawyers at The Reeves Law Group for a consultation.

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