According to the National Highway Traffic Safety Administration (NHTSA), 5,290 motorcyclists were killed in 2008—an increase of 2 percent over the 5,174 motorcyclists killed in 2007.  There were 96,000 motorcyclists injured during 2008.  It is estimated that injury or death are the outcome in nearly 80 percent of all motorcycle accidents in the United States. Head injuries are the primary cause of death in motorcycle accidents. During 2008, 194 motorcyclists in Ohio died in motorcycle collisions.  The NHTSA reported that 70 percent of those fatalities were not wearing at helmet at the time of the collision.

The causes of many motorcycle collisions can be attributed to:
• failure of other motorists to notice the motorcyclists
• failure to utilize defensive driving techniques
• lack of basic riding skills
• failure to appreciate the limitations of the motorcycle
• lack of specific braking and cornering skills
• failure to follow speed limits

There are many different things you can do to help protect yourself as a motorcyclist, the following list is just a few suggestions:
•  Buy the power you need, but only as much as you can handle safely.
•  Consider the primary use of your bike. Don’t buy a “trial” bike for highway use and don’t buy a “highway” bike if most of your riding will be off-road.
•  Complete a motorcycle training course. Even if you are an experienced motorcyclists, there are advanced courses for defensive driving techniques and braking techniques.
•  Never ride without a certified motorcycle helmet and eye protection. Insist on a helmet that has a U.S. Department of Transportation (DOT) label.
•  Wear the right shoes, gloves and clothing. 
•  Adhere to the traffic rules and regulations.
•  Be aware that riding with a passenger requires additional balance and makes turns, stopping and shifting more difficult.
•  Treat other motorists with courtesy and respect.
•  Avoid tailgating
•  Avoid riding between lanes of slow moving or stopped traffic.
•  Use signals when appropriate
•  Drive defensively

If you are involved in a motorcycle collision, first, seek medical treatment. This can either be from the local emergency room, urgent care center and/or your own family physician. Second, take pictures of the accident scene, the vehicle(s) involved, your motorcycle, your injuries and record everything—witness names, phone number as well as your recollection of what occurred.  Third, make sure that you review the accident report to make sure that it is accurate.  If it is not accurate, you will want to send in an addendum with the correct version of the accident.  Keep all statements short but truthful. If any insurance company, yours or theirs, calls you and asks for a statement from you, contact an attorney as soon as possible. While you likely have an obligation to “cooperate” with your own insurance company, it is unlikely that you are required to give any insurance carrier a statement. You should keep in mind that insurance companies can try to use those statements against you in the future.  If any insurance company is pressuring you for a statement of information, contact an attorney. Many physicians offices have learned that they may get paid more if they submit their bill through your motorcycle insurance company and/or through the at-fault-driver’s liability insurance company. If you permit them to do this, it may hurt your ability to settle your case and/or result in a lower recovery for you at the end of your case.  If you have questions about health insurance, medical payments coverage and car insurance, call our office. Yes.  Unfortunately, many motorcyclists do not survive these types of collisions and/or fail to recover from their injuries. In cases such as these, a family member may be entitled to pursue a claim for wrongful death. If you have lost a loved one due to the fault of another person or company, call our office to discuss your options.  Our attorneys practice probate law and are experienced with wrongful death claims. Your failure to comply with any state law requiring the use of helmet should not prohibit your ability to recover for your injuries. It certainly can be used against you to minimize your recovery, but it should not prohibit a recovery. If you have questions concerning motorcycle helmet use, please call our office.

This is a difficult question and my answer is always dependent on the facts of each individual case. Unfortunately, most cases quickly involve the rights of several different companies other than your own claims. If you have health insurance, you may have a legal obligation to re-pay your health insurance company from any settlement you may receive. If you have medical payments coverage through your own motorcycle/automobile insurance policy, you may have an obligation to pay this money back and you may not even know that someone has used it. If you receive Medicaid or Medicare benefits, there are other rules and obligations that apply. These issues alone justify contacting an attorney immediately following a collision.

These issues do not even address the fact that certain insurance carriers are notorious for low offers and/or for forcing injured victims to file lawsuits against their insureds. Early knowledge about the insurance carriers involved can frequently help you know how to build/document your case for a good resolution without the need to file a lawsuit. Retaining an attorney immediately after a collision will allow the attorney to act quickly and aggressively to preserve all of the necessary evidence to prove your case. Failure to do so may result in the loss of pertinent information, the disappearance of crucial witnesses, failure to properly document injuries or the inability to resolve a claim without the need to file a lawsuit which frequently delays settlement and increases expenses.

Finally, an attorney who is experience in this area of law will be able to assist you in evaluating your claim(s) once you have fully recovered from your injuries. Any insurance carrier that tries to offer you a settlement right after the collision, is not looking out for you.  Take your time, make sure you have fully recovered before attempting to resolve any claim. However, you also need to make sure that you contact an attorney well before the statute of limitations for your claim.

While many of these facilities will provide you with excellent care, I typically recommend that my clients go to their primary care physician and then follow the advice of their own doctor as he or she knows your medical history better than anyone else. If the doctor refers you to a chiropractor and/or a physical therapy facility that is fine.  However, if any treatment: chiropractic, physical therapy, or medication etc. . . is not providing you with long-term relief, you may want to mention this to your physician and/or seek a second opinion.  If you have questions or concerns about your own injuries and/or accident claim, please feel free to contact our office to schedule a free consultation.

 

Swimming Pool Accident Questions

Parents must watch over their children at all times, whether they are in the water, around the pool or on the water. Lifeguards are responsible for the general aquatic safety of everyone they are supervising, but it is up to the parent to keep a protective eye on their children.

The primary job of a lifeguard is to watch over the swimmers and keep people from harm. Lifeguards must be well trained in methods of saving drowning victims and getting them out of the water and on to dry land. They must also know how to properly administer CPR and other first aid techniques that could save a life. While many pools and other aquatic facilities may have their own requirements, the minimum training expected for lifeguard personnel should be the successful completion of the American Red Cross Lifeguarding course or the equivalent.

The aquatics facility may also require their lifeguards to be trained in:
• the standard operating procedures of the aquatics facility
• emergency action plans
• Rules and regulations for patrons
• use of rescue and safety equipment
• identification of hazards and risks
• water rescue and EMS skills
Lifeguards and aquatic safety supervisors should ensure that they are positioned to provide maximum security coverage for their patrons. This may require the use of stationary chairs, “dry-land” lifeguards as well as in-water personnel.

The lifeguards should also be familiar the 30-Second Rule, the 10/20 Rule, and the 10x10 Reaction Rule:

30-Second Rule
The lifeguard surveys one extreme of his/her zone of responsibility to the other and back within a total of 30-seconds.

10/20 Rule
Once the lifeguard identifies a potential incident (i.e. victim, hazard, risk), he/she must determine within 10 seconds whether or not intervention is required. If required, the lifeguard must be positioned in order to intervene within 20 seconds.

10 x 10 Reaction Rule
The lifeguard must be able to survey his/her zone of responsibility within 10 seconds and, if required, must be able to intervene within 10 seconds.
Distractions are a common factor in many accidental drowning cases. Lifeguards must minimize the amount of distractions around them. This includes minimizing conversations with patrons, friends and colleagues. Similarly, parents must remember to keep a constant watch on their children regardless of what is going on around them.

Obstructions also play a part in many cases. Many water parks, swimming pools or other aquatic centers use water attractions such as water umbrellas/mushrooms and tumble buckets to entertain their guests; while this is fun, they must be certain that these attractions do not hinder a lifeguards vision of the pool floor and/or of the swimmers. The “waterfall” flowing off of a water mushroom can make it difficult to see a young swimmer in trouble if it is not installed, used and/or maintained properly. Similarly, aquatic facilities should be careful not to install these water attractions in deep portions of the pool as they can attract young, inexperienced swimmers.

Chemicals in the pool can also cause the water to become cloudy if they are not monitored correctly. Cloudy water can make it difficult for lifeguards and/or parents to see a troubled swimmer in the pool. The CDC says that:

Males: In 2007, males were 3.7 times more likely than females to die from accidental drowning in the United States.

Children: In 2007, of all children from 1 to 14 years of age who died from an accidental injury, almost 30 percent died from drowning. Fatal drowning remains the second leading cause of unintentional injury-related death for children ages 1 to 14 years old. The CDC states that:

Lack of barriers and supervision. Children under one year most often drown in bathtubs, buckets or toilets. Amount children ages 1 to 14 years, most drowning occur in residential swimming pools. Most young children who drowned in pools were last seen in the home, had been out of sight less than 5 minutes, and were in the care of one or both parents at the time. Barriers such as pool fencing and safety locks can help prevent children from gaining access to dangerous areas such as the pool, bathtub or hot-tub.

While the lack of adequate barriers and/or vigilant supervision are frequently related to accidental drowning, the following issues can also lead to an accidental drowning:

• Failure to install automatic locking gates.
• Improperly installed or defective vacuum drains that do not have proper covers.
• Lack of safety equipment such as whistles, shepard hooks, PFDs, ring buoys or throw ropes.
• Lack of safety lines separating deep and shallow areas of the pool.
• Lack of depth markers preventing swimmers and guests from know the depth of the pool.
• Improper sloping of the pool floor, causing young children to slide into deeper sections of the pool.
• Inattentive or untrained lifeguards.
• Lack of pool ladders that allow easy exit from the pools.
• Lack of an emergency phone near the pool.
• Overcrowded pools or inadequate staffing.
• Defective, inadequate or complete lack of pool lights. The Centers for Disease Control recommend the following to help prevent water-related injuries:

Supervision:
Designate a responsible adult to watch young children while in the bath and all children swimming or playing in or around water. Supervisors of preschool children should provide “touch supervision”, be close enough to reach the child at all times. Adults should not be involved in any other distracting activity (such as reading, playing cards, talking on the phone) while supervising children.

Buddy System.
Always swim with a buddy. Select swimming sites that have lifeguards whenever possible.

Avoid Alcohol.
Avoid drinking alcohol before or during swimming, boating, or water skiing. Do not drink alcohol while supervising children. Learn to Swim. Formal swimming lessons can protect young children from drowning. However, swimming lessons cannot be used to replace supervision. Careful supervision and barriers such as pool fencing are necessary even when children have completed swimming lessons.

Learn CPR.
In the time it might take for paramedics to arrive, your CPR skills could make a difference in someone’s life. CPR performed by bystanders has been shown to improve outcomes in drowning victims.

Do Not Use Air-Filled or Foam Toys.
Do not use air-filled or foam toys, such as “water wings”, noodles, or inner-tudes, in place of life jackets. These toys are not designed to keep swimmers safe and frequently give the swimmer and his/her supervisor a false sense of security which can lead to the young swimmer going into deeper water than they can manage.