A Sacramento Superior Court jury is attempting to decide who is responsible for a motorcycle accident that left a passenger with brain injuries - Harley-Davidson and one of its dealers or the driver who crashed the motorcycle.

The driver said he slammed on the brakes when traffic backed up while he was traveling 65 mph. The brakes locked up the rear wheel sending the bike into a slide; his now estranged wife was catapulted 35 feet forward onto the pavement. The woman suffered a serious brain injury; skull, facial, rib, and scapular fractures. She now has a prosthetic skull and permanent brain softening. Pain and assorted disorders will render her unemployable the rest of her life. Her attorney said she will sustain $2.6 million in lifetime economic damages.

At the time of the accident, her husband told police that the antilock braking system (ABS) had somehow malfunctioned. But, there is another key fact in this case – the bike never was equipped with an ABS even though an icon on the motorcycle's tachometer suggested it did.

The plaintiff contends that a salesman at the Harley-Davidson dealership negligently misled the couple to believe that the 2008 Road Glide cruiser had an anti-locking brake system when it did not. The defense contends that if the motorcycle had been equipped with ABS, the icon would have illuminated; the couple should have known that if the icon never lit up, the bike was not equipped with antilock brakes. The defendant also said, “There is nothing odd or unique about having an ABS icon on a non-ABS bike; adding a separate tachometer for the two types of bikes would bring the assembly line to a halt.” Harley-Davidson contends that the plaintiff is totally at fault because the couple should have known the bike’s features after owning it for 15 months.

The jury must decide whether the ABS icon on motorcycles without ABS brakes constitutes a design flaw. If Harley-Davidson is found at fault, the manufacturer would be liable to the plaintiff for 2.6 million dollars in damages and no doubt be forced to issue a massive recall. Such a decision could affect all motorcycle manufacturers.

There is very little that a motorcyclist can do when the wheels lock. According to the Insurance Institute for Highway Safety, there are proven benefits of an anti-lock braking system on motorcycles (increases driver control, decreases stopping distance, prevents the wheels from locking up in case of a hard brake), however, motorcycle manufacturers have not exactly raced to mandate these technologies and the ABS is still an optional feature on motorcycles.

Could antilock braking systems on motorcycles help save lives? The Insurance Institute thinks so. It is disappointing that motorcycle manufacturers have not prioritized safety and believe that there is little demand for these safety devices. While the debate continues and more research is conducted, Lawsuit Financial encourages cyclists to drive the speed limit, obey the rules of the road, and consider investing in an antilock brake system. It’s a small price to pay for your life.

Mark Bello has thirty-three years experience as a trial lawyer and twelve years as an underwriter and situational analyst in the lawsuit funding industry. He is the owner and founder of Corporation which helps provide cash flow solutions and consulting when necessities of life funding is needed during litigation. Bello is a Justice Pac member of the American Association for Justice, Sustaining and Justice Pac member of the Michigan Association for Justice, Business Associate of the Florida, Tennessee, and Colorado Associations for Justice, a member of the American Bar Association, the State Bar of Michigan and the Injury Board.

Our Michigan motorcycle accident lawyers recently obtained a $5,000,000 damages award from a Lenawee County Circuit Court Judge.

At a court hearing on December 16, 2011, Lenawee County Circuit Court Judge entered a Judgment in the amount of five Million Dollars ($5,000,000.00) was against the driver of a Jeep that struck and caused catastrophic injuries a Michigan motorcyclist. 

The Michigan motorcycle accident was caused by a drunk driver that occurred on August 31, 2008 on Michigan Avenue near North Adrian Avenue in Lenawee County.  The driver had a blood alcohol level of .34 and was criminally convicted for his crime.  He was sentenced to three years in jail for this offense and served his time.

The injured Michigan biker was a fifty-two year old telephone lineman and he sustained a catastrophic traumatic brain injury. He was comatose for a week and later admitted to the University of Michigan Hospital, where he remained until his discharge on September 19, 2008. During his admission the was seen by several specialists and was diagnosed with moderate to severe traumatic brain injury, displaced fracture left occipital condyle, right six to eight rib fractures, laceration right palm, contusion left side, left finger skin avulsion.

Tragically, our client has never recovered from these injuries.  He is now permanently incapacitated and cannot care for himself.  He requires twenty-four hour a day supervision and assistance with his basic daily needs.  He will never be able to return to work again.  The trial court judge listened carefully to damage testimony and awarded our client $5,000,000 at the conclusion of the hearing.

Our motorcycle accident lawyers in Michigan recently filed a Wyoming, Michigan motorcycle accident lawsuit for a client in a motorcycle automobile accident. The motorcycle accident occurred on July 26, 2011, on 44th Street. Our client was riding his motorcycle when another driver failed to yield the right of way and turned directly into his path resulting in a collision.

The client suffered serious injuries, including a fractured left leg and ankle which required Open Reduction Internal Fixation surgery. The lawsuit was filed in the Oakland County Circuit Court. No trial date has been set by the court.

Victims of motorcycle accidents do have legal rights. If you are a motorcyclist and have been injured in a motorcycle automobile accident, call our office now at (800) 606-1717 to discuss your case with one of our experienced Michigan motorcycle accident attorneys. We will represent you under our NO FEE PROMISE.

No one advertises the fact that there can be substantial "IOUs" on the money an innocent car, motorcycle or bike crash victim may recover at trial or in compromise settlement. After a bike crash, the main focus of the biker's attention should be getting well. However, medical bills and other expenses add up in serious in jury cases. Many Landau Law Shop clients have health, workers compensation and other insurance coverage for these bills. Under many states' laws, government and some private insurance plans have the right to be paid back at the end of the case. These "subrogation interests" or "liens" are like "IOUs" on the innocent victim's case. The good news is that these insurance plans often negotiate a discount on the hospital, doctor, therapy or surgical bills. The not so good news is that they want to be paid out of the injured bicyclist's gross settlement or verdict. Failure to repay this debt can lead to cessation of any further comp benefits, a lawsuit for fraud and/or loss of future insurance coverage and benefits.

At ABRAMS LANDAU, we recently settled the case of a biker who was struck during an Alexandria Virginia training ride. The rider was required to keep fit for his federal government job. The bicycle rider sustained severe orthopedic injuries. The Department of Labor paid for his medical bills and lost wages as the result of the broken bones. When it came time to settle the case with the unsafe driver who had been convicted in Traffic Court, the labor Department wanted their "IOU" paid. We used the Federal work sheet to calculate the payment to the government and our client was not out of pocket any money for medical care, prescription medication or his several surgeries. He is also able to seek future workers compensation benefits for his permanent injuries. "Bicycling Barrister" Doug Landau is pleased to report the biker is back to work and getting back into shape ! If you or someone you know or care for has been injured as the result of a car, truck, bicycle. moped or motorcycle crash and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

Motorcyle accidents frequently result in serious injuries. Always make sure to wear a helmet, even if it is not required.

Police in Lancaster County are investigating a motorcyle accident on December 4, 2011 where one person was killed and another seriously injured. The crash occurred when the motorcycle on which they were riding struck a tree. Reports say that Ronald Ferrara, 46, of Christiana, was driving the 1998 Harley-Davidson Road King west in the 1000 block of Gault Road when he lost control on a curve causing the cycle off the road.

Eventually it traveled up an embankment and struck a tree. Ferrara was pronounced dead at the scene. His passenger on the bike, 27-year-old Megan Leinhouser of East Earl, sustained multiple broken bones.

If you have any information on the accident please call the East Earl Township Police.

For more on the accident and investigation see the Lancaster Journal online at:

http://lancasteronline.com/article/local/544505_UPDATE–One-dead-in-East-Earl-accident.html#ixzz1ff62Gxld

Scott B. Cooper

Schmidt Kramer PC
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Harrisburg, PA 17101
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