1-800-PRO-LAW1
By Mitch Proner
Spring is finally here. While most of you already know how to get your sleds running, please take time to read this article. Perhaps I can share some information about how accidents happen to our brothers and sisters.
Let me start off by explaining where my information comes from. First, I have been a member of the Board of Directors of the New York State Trial Lawyers Association for over ten years and have tried more motorcycle accident cases than any other attorney on the board and have never lost a trial that went to the jury.
From this point of view take my advice to beware. Leaving aside for the moment motorcycle accidents involving alcohol or excess speed, let me discuss two common situations that lead to accidents. When passing a car that pulls onto the shoulder of the roadway, don't be so fast to pass by it. I receive call after call from riders who say that "the car was signaling right, so I went around him to the left and then that SOB he made a left turn into my bike."
In most states it is illegal to share a lane with another vehicle. So legally, even if that car pulls halfway off the roadway, you can't pass him. The car is still halfway on the roadway. For you to pass him you would have to share the lane which is illegal. Under the law, you are required to wait until the car is totally off the roadway.
Getting a ticket for sharing the lane is not your greatest risk. Don't risk becoming my client. In my numerous client's experiences, the driver of the car that pulls over to the shoulder is going to pull back onto the roadway, or make a U turn and either way, will hit the motorcyclist. Another common situation is when a car is making a left turn, the biker only thinks the driver is looking right at him/her. Don't be fooled into believing the car driver sees you. Flick your brights at the driver and give a friendly "toot" on your horn. This is especially important when the light is about to change. I get too many calls after the car driver ignores our legal right of way and says "sorry I didn't see the motorcycle". This statement is made after the car driver was finished turning right into the motorcycle.
Keep these situations in mind before starting the riding season, and also do yourself a favor and check your insurance. While I will give more treatment of this issue in a future article, for now remember to buy as much "SUM" (Supplemental Underinsured Motorist) coverage as you can afford. Your liability coverage will protect you if someone sues you. Your Supplemental Underinsured Motorist coverage protects the person paying the premium for injuries sustained. Supplemental Underinsured Motorist coverage kicks in when the car that hits the biker doesn't have adequate coverage (and they usually don't).
Does this mean that I think you should quit riding and sell your bike? I also ride myself. I was hit by a car while on my bike and broke my wrist and ankle and seven bones in my back and I still ride and try more motorcycle accident cases than any other attorney that I know. I ride because I love it. I just say we need to get smarter so we have more riding years.
If you have any questions about this or other matters, please call me at 1-800-PROLAW1.
— Mitch Proner.
Mitch Proner
Proner & Proner
1-800-PROLAW1