March 17, 2008

Haverhill, Massachusetts Woman Awarded $8.5 Million Verdict for Motorcyclist Husband’s Wrongful Death

Jackie Monahan, a Haverhill, Massachusetts, woman has won $8.5 million in the wrongful death lawsuit against Alexis Ortiz, the 22-year-old driver who was speeding when he killed her husband Larry, 54, who had been riding his motorcycle outside their residence on March 18, 2006.

At his Massachusetts Parole Board meeting last month, Ortiz admitted that he had been drinking on the day of the deadly auto accident. Police estimates that Ortiz had been driving a Saturn sedan at around 81 mph. The car belonged to his father and was uninsured at the time of the accident. The collision left Larry crushed between the car and his motorcycle.

Ortiz, also a Haverhill resident, pled guilty to vehicular homicide and manslaughter charges in March 2007. He was sentenced to 2.5 years in prison sentence. As part of his plea agreement, he was to serve 2 years in jail, 10 years probation, and a 15-year license suspension.

Motorcycle accidents are frequently catastrophic if not fatal for bikers, who have no protection from the impact of getting hit by a speeding car or a large tractor-trailer. Injuries can be permanent or take months to recover from. If a motorist dies in a car collision, the loss and trauma for surviving family members can last forever.

If you or someone you love was injured in a motorcycle accident or if someone you love has died in a motor vehicle crash, Our Boston, Massachusetts personal injury law firm would like to offer you a free consultation to discuss your case.

In 2007, 50 motorcyclists, 61 pedestrians, and six bicyclists died on Massachusetts’ roads.

Motorcyclists in Massachusetts are planning to appear on Beacon Hill in Boston on March 18, 2008 to support a bill imposing harsher jail sentences and fines on drivers convicted of serious right-of-way crashes that results in serious injuries or deaths.

The bill seeks to impose a 2.5 year mandatory jail sentence, a 10-year license suspension,and a $350 fine if someone is convicted.

Haverhill: Wife wins $8.5 million in husband's motorcycle death, fights to keep other driver in prison, Eagletribune.com, March 2, 2008

Bikers want more punishment for motorists in right-of-way accidents, Enterprisenews.com, March 17, 2008


Related Web Resources:

Massachusetts Law About Traffic Violation

State Traffic and Speed Laws

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October 26, 2007

Massachusetts Motorcyclist Sustains Serious Injuries In Collision with Car in Falmouth

A 50-year old Mashpee, Massachusetts man was seriously injured in a motorcycle collision in East Falmouth last week after his motorcycle collided with a 2004 Mazda on Sandwich Road.

Michael Pasakarnis, the motorcycle rider, sustained serious injuries and was taken by MedFlight to Boston Medical Center.

The car driver was not in the crash. Police are investigating the injury accident.

If you were injured in a motorcycle crash that was not your fault in Massachusetts, you should speak with an experienced Massachusetts personal injury law firm that is experienced in handling injury cases involving motorcycle-related motor vehicle crashes.

Motorcyclists can become seriously injured when involved in collisions with another motor vehicle—especially as they don’t have anything to protect them from the impact of colliding with a truck, bus, car, bicycle, another motorcycle, the ground, or any non-moving object, such as a wall or a concrete barrier. It is not uncommon for a motorcycle rider to get thrown off his or her motorcycle and get seriously hurt or die.

Although no one has any control over the way other people drive, there are steps that motorcyclists can take to protect themselves when riding on any road in Massachusetts:

• Wear your DOT approved helmet
• Wear goggles or other protective eye covering
• Know how to operate your motorcycle
• Be aware of the traffic rules
• Participate in a motorcycle training course
• Review your owner’s manual
• Develop the proper skill and experience before driving on freeways and winding roads
• Wear gloves, pants, and a jacket as protective clothing
• Avoid wearing sneakers or sandals of flip-flops
• Wear bright or reflective clothing
• Drive defensively
• Assume that other drivers on the road can’t see you
• Drive at a speed that takes traffic and weather conditions into consideration

The statute of limitations for filing a motorcycle collision lawsuit in Massachusetts is three years. It will take time to investigate your case and file your claim, so do not hesitate to contact an experienced Massachusetts personal injury law firm immediately.

Motorcyclist injured in Falmouth collision, Cape Cod Times, October 18, 2007

Motorcycle Safety, NTSA

Related Web Resources:

Massachusetts Statute of Limitations

Motorcycle Safety, FHWA Safety

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September 24, 2007

George Clooney Breaks Ribs in Motorcycle Accident

Movie star George Clooney was injured on Friday when the motorcycle he was riding crashed into a car in New Jersey. Clooney sustained a few scrapes, a broken rib, and road rash in the motorcycle accident. His girlfriend Sarah Larson reportedly broke her foot. Both of them were using helmets at the time of the crash, which took place in Weehawken, across from the Hudson River and Manhattan.

Police in New Jersey are still trying to determine whether Clooney or the other driver was negligent in causing the motor vehicle accident. Clooney claims that the driver of the other vehicle, a Mazda Saloon, was signaling to turn left but turned right instead and crashed into the motorcycle. The driver of the car is disputing this account.

If you are injured in any kind of motor vehicle accident, you should hire a personal injury attorney right away so that he or she can investigate your case and determine whether you have grounds to file a personal injury claim against a negligent party.

Injuries in a motorcycle accident can be very serious—especially because riders have little protection (if any). Motor vehicle collisions involving a motorcycle can result in both minor and catastrophic injuries. Motorcycle injuries can include burn injuries, road burns, spinal cord injuries, traumatic brain injuries, broken bones, bruises, disfigurement, and wrongful death.

Common causes of motorcycle accidents:

• A driver fails to notice there is a motorcycle in the vicinity.
• Driver inexperience
• Speeding
• Mechanical failure
• Poor road conditions
• Driver negligence or recklessness
• Drunk driving

In Massachusetts, approximately 42 motorcycle riders die every year.

The Massachusetts Registry of Motor Vehicles says that if car drivers, bus drivers, and truck drivers want to avoid getting into an accident with a motorcycle, they should be especially cautious during the following situations:

• You are making a left turn in front of a rider.
• A motorcyclist is riding in your blind spot.
• There are hazardous road conditions. Potholes, wet leaves, railroad tracks, and other obstructions may force a motorcyclist to take an action you don't expect.
• You have an obstructed line of sight. Sport utility vehicles, delivery vans, and large trucks may block motorcyclists from your view.

Because of the serious and costly nature of motorcycle accidents and injuries, you should speak with a personal injury attorney immediately if you have been injured in an accident—especially before you try to negotiate a settlement with any insurance parties.

George Clooney injured in motorcycle accident, CNN, September 21, 2007

Clooney could face charges after motorcycle crash, The Independent, September 23, 2007

Tips for Sharing the Road, The Massachusetts Registry of Motor Vehicles

On the Road Again, Massachusetts Motorcyclists' Survivors Fund Inc.


Related Web Resources:

Massachusetts Motorcycle Roads, Motorcycleroads.us

Motorcycle Accident Statistics, WebBikeWorld

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July 26, 2007

Car Driver in Massachusetts Hits Westwood Motorcycle Police Officer

In Westwood on Tuesday, Officer John McHarrie of the Westwood Police Department was released from the hospital after he was treated for personal injuries he sustained when the police motorcycle he was riding was hit by a motor vehicle. The traffic collision occurred close to the intersection of Westdale Road and Carroll Avenue.

The 37-year-old police veteran had to be airlifted to Beth Israel Deaconess Medical Center in Boston where he was treated for his injuries and then sent home to continue recovering.

McHarrie was on duty at the time of the accident and was looking into a burglar alarm report at a home on St. Denis Drive. He had activated the police emergency lights on his motorcycle.

Massachusetts State Police and Westwood Police both investigated the crash. They say that Jooyoun Paik, the 33-year-old driver of a Toyota Matrix hatchback, hit McHarrie’s motorcycle while trying to turn left into a driveway. The Westwood resident was issued two citations for failure to yield while making a left turn and failure to yield to an emergency vehicle. Both citations are civil, not criminal charges.

Motorcycle drivers are especially susceptible to personal injuries during traffic collisions because they don’t have anything to physically protect them from being hurt in a crash.

The Insurance Information Institute offers a number of statistics regarding motorcycle accidents, including the following:

4,798 people died in motorcycle crashes in 2006.

About 88,000 motorcycles were involved in crashes in 2004.

The Hurt Study says that 75% of motorcycle collisions involved some kind of car. Motorists’ failure to notice motorcycles on the road is a major cause for motorcycle accidents, with intersections being one of the more common places for a traffic collision involving a motorcycle crash to occur.

Also, 98% of motorcycle crashes where there was at least one other vehicle involved resulted in some type of injury to the motorcycle rider. 50% of injuries sustained by a motorcycle rider usually occurred to the lower half of the body, including the thighs, upper leg, knee, lower leg, foot, ankle, and groin area. Chest and head injured sustained in a motor crash proved to be the most fatal.

If you or someone you love has been critically injured in a motorcycle accident because another motor vehicle driver acted negligently, a personal injury lawyer can help you file a claim so that you can obtain the compensation that you deserve. Medical bills will likely be extremely high, which is why you need a personal injury attorney to deal with the other party and make sure that you are not shortchanged on the recovery money that you need to help you get the proper care that you need.

Driver Cited After Hitting Motorcycle Cop, Boston Herald.com, July 26, 2007

Motorcycle Crashes, Insurance Information Institute

Findings from the Hurt Study


Related Web Resources:

Motorcycle Safety Foundation

Injury Prevention: Motorcycles, NHTSA

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