What's New

Recent News & Stories from Michael Padway, Motorcycle Accident Attorney

February 03, 2010
Excerpt from:  Motorcycle Addict

Volkswagen Stake in Suzuki

Motorcycle Design

An interesting blog post about Volkswagen's 20% ownership of Suzuki and designer Nils Poschwatta's drawing of what a VW influences Suzuki would look like, made me think about some of the intangible requirements for a favorite motorcycle.  Here is the design:

http://www.asphaltandrubber.com/wp-content/uploads/2010/02/Volkswagen-motorcycle-concept-Nils-Poschwatta.jpg What I like in certain vehicles is a "swiss army knife" sense of utility.  Lots of Beemers have this.  In the automotive world, VW used to have this, and still occasionally gets it, Saab used to have it in their peculiar way, Volvo lived it in certain models.  Honda's Hawk and CB750's had a motorcycle version of it.

It's an interesting concept, because really, it doesn't mean much.  Little things, like extra electric plugs, play on this.  Rides with solid feel and plainer styling tend towards it.  An absence of leading edge power and technology seems to help.

Mostly, though, it is just a sense that the vehicle will reliably do whatever is required, with styling that reinforces this sense. 

As a result, real or not, the rider feels confident that the bike will take whatever is thrown at it, mile after mile.  A solid feel, a certain plain aura.  It may not even be real.  Simple, easy to fix, basic.  Like a Swiss Army knife.

A lot of the cost of a motorcycle is the cost of setting up to manufacture it.  Not as bad as tooling on a car, but still.  The bikes I am talking about have a lasting quality, like a Norman Rockwell painting.  You like them better as you put on the miles.

No doubt many riders are missing what I am getting at here.  I think a lot of high mileage riders, however, will understand it. 

To me, these are some of the characteristics of a bike you grow to love over time.  Hard to describe, but easy to discover. In other words, a bike that just plain works, and looks it.

I like the Poschwatta design, a lot, and look forward to things to come from the collaboration.








January 25, 2010
Excerpt from:  Happenings

3DO Protective Gear

Thin, Flexible, and Good Protection - What more could you want?

Materials technology continues to improve motorcycle riding.  A while back, I mentioned learning about a new material called 3DO that was changing motorcycle protective gear.

Now the gear is becoming a reality.  Initially, it is expensive, and the products are limited.  However, we are talking way cool here.

If you don't recall,  3DO is thin and flexible, and fits tight to your body.  On impact, it hardens.  This allows it to spread the impact over a longer period of time.  In other words, absorption.

BMW, which always makes quality stylish riding gear, has a little 3DO wear available.  There is a wicked expensive French company called GZE advertising a leather jacket that is thin, abrasion resistant, and good looking.

Incidentally, "hardening" is not exactly accurate.  The material allows the armor to "flow" with you until impact, then the molecules "lock" in place, providing protection.

I have even seen an indication that 3DO is being considered for motorcycle helmets (as well as sking, bike riding, and other applications.)

Stay tuned.

Of course, for motorcycle riders, the ultimate question remains unanswered:  How will this work for me on hot days?


January 19, 2010
Excerpt from:  Motorcycle Addict

Electric Scooters and Motorcycles

Musing on Sound and Safety

I had a few minutes to look at Vectrix electric scooters/motorcycles this weekend.  By coincidence, the next day I happened to read an article on accidents and deaths in China from electric bicycles.

The Vectrix is interesting.  Claimed 0-50 time is 6.8 seconds, and claimed range between charges is "up to" 55 miles.  Cost is almost $11,000, which seems high for a vehicle that takes six hours to charge every 55 miles.  Since most motorcycles get around 40 miles per gallon, it certainly is not cost effective if the only goal is to avoid buying gas.

The article on Chinese motorized bicycles noted that they have been increasing the number of these vehicles since 1960.  They are not great from an environmental standpoint, because most of them use lead batteries, and most of the electricity comes from coal powered plants.

The big problem, however, is that the bikes are fast and quiet, and there are a ton of them in the cities.  Riders of these motorized bicycles typically ignore the rules of the road, and they are causing a lot of deaths.

The Chinese experience makes me wonder how really environmentally sound electric motorcycles are.  

By coincidence, I watched a documentary on Harleys at Sturgis. This made me wonder what the accident statistics will be for essentially silent electric motorcycles, compared with the loud pipes on the big v-twins.  This would provide real data on whether loud pipes really do help with careless drivers of cars who don't pay attention to motorcycles.

It is obvious that electric motorcycles have a lot of appeal for city dwellers looking for inexpensive transportation that can cut through traffic, and that avoids a lot of parking hassle and expense. That said, it is important that we look closely at this market so that we honestly assess the environmental benefits, and the safety issues of swift and silent rides.

Technology changes quickly.  People change slowly.  Safety requires that we look carefully at the new choices available.

Electric vehicles will continue to improve, and the appeal of electric two wheelers will only increase.  We need to use the information that becomes available to increase rider safety.


January 13, 2010
Excerpt from:  Motorcycle Addict

New Motorcycles and Safe Riding

Better Brakes More Power

Looking over the new crop of motorcyles is always a great way to spend the Winter season (OK, the rainy season in California).  

This year, there are some real breakthroughs.  Honda's new VFR is loaded with new technology and changes in direction from previous bikes.  BMW has the S1000R, a newly revised 1200RT, and an overall refreshed feel to their offerings.  

From a rider's perspective, what I want in a bike is fun, but I also need safety to fully enjoy the ride. Personally, I am a believer in ABS and linked brakes.  ABS saves your cookies in gravel, slick conditions and when riding in crud.  Linked brakes deal with the chance that you will lock up the rear in a panic situation.  Together, they will avoid a certain percentage of accidents.  Honda's new brakes will shorten your stopping distance, which is the biggest single improvement I can think of.

New technology incorporating air bags and thin body armor that hardens on impact may make a difference in the kind of injuries suffered by those who can't avoid a crash.

These are good things.  The bad thing is that we still share roads with drivers who have ever more distractions.  Cell phones, GPS, sound systems, and now the ability to get Twits through your car threaten to create ever more accidents between motorcycles and cars.  

Because these accidents are caused by the failure of the other driver to pay attention, there isn't much being done to reduce this risk.  If anything, it continues to get worse.  Smaller, quicker steering cars is another contributor to the problem.

Even here, there are some early attempts to alert drivers of cars to other vehicles in their blind spot or path of travel.  We'll have to see how these work where the vehicle of concern is a motorcycle.

In the meantime, it is important when looking at the new bikes to consider the safety features.  This is not just the braking and handling systems, but the way the bike fits, the way it fits your riding style, whether the mirrors actually work for you, and everything else that affects your potential for dealing with those who share the road with motorcyclists.


January 11, 2010
Excerpt from:  Motorcycle Lawyer

The Huge Difference a Motorcycle Accident Lawyer Makes for You

Decades of Expertise Works On Your Case

I want to offer my answer to the first question most asked by riders injured in a motorcycle accident. That is -- What Can a Motorcycle Accident Lawyer do for Me?

Avoiding Mistakes in the Beginning

There are a couple of tragic mistakes made by injured riders right at the start of their case.  These mistakes are difficult to fix later.

The first mistake is thinking that the insurance company is really interested in taking care of the case. What they are really after is putting together the kind of a defense that will allow them to hold onto their money for as long as possible, and then pay the minimum at the end.  How do they do this?  Simple.  First they get your confidence, then they get all the information they can.  By acting friendly (which costs nothing), they convince you that they are taking care of your claim.  In fact, they get your statement before you talk to a lawyer, they ask for a written release to get your private medical records, and they may even talk you into letting you have the motorcycle.

But, what if you have a really good case?  If you have a really "good" case, this means major injuries. Guess what?  The more the case is worth, the more money they can make delaying payment, and keeping you from having a lawyer work to help you.

If you make an innocent but careless mistake in a recorded statement, or if you provide access to something in your medical records that you don't have to give up, your lawyer cannot make that disappear.

Insurance Companies Respect Lawyers

When the insurance company decides how much to offer, they consider what will happen if the offer is too low.  With a lawyer, there is the risk of an expensive lawsuit.  Without a lawyer, they can always try to force a really low settlement.  Better yet, they can stall by asking for more and more information.  While you and whoever is helping you runs around putting together information, they sit on your settlement money.  How do you think they get the money to buy all that real estate?

Filing Suit Immediately Gets the Ball Rolling

In most courts, it takes a year or more from the day a lawsuit is filed until trial.  If you wait a year or two before you file, it will be two or even three years before the insurance company faces that trial date.  Until then, they don't have real pressure to settle.  Settlement offers will reflect that fact. Worse, the  driver that caused the accident may move and become difficult to find.  Witnesses won't remember the accident as well, and may also disappear.  Even the emergency room doctor may move somewhere.  (Many times, these are residents who are only working in the ER on a temporary basis).  

I make it a practice to file suit and serve it promptly.  You get your case underway, and we start putting everything together.  The insurance company knows that there is only so much time before they have to pay.

Accident Reconstruction - Prove You Are Entitled to Win

In almost every case, the defense will claim  you should have avoided the other car, and that you were going too fast.   They will ask how far away you were when you first saw the other car, and how many seconds you had before it cut you off.  In theory, motorcycles can stop in fairly short distances or swerve, if they are going slowly enough.  You need someone who knows how to beat this false picture.  

Even an attorney who knows about automobile accidents may not have the ability to take on a motorcycle case.  If you can have the best, why would you want anything less?

An experienced motorcycle attorney knows what they are looking at.  Do you expect a general personal injury attorney to be able to tell anything about the accident by looking at the motorcycle damage?  It takes a lot of experience. 

Making Sense of the Medical Records

Ultimately, the value of your injuries are decided primarily on the basis of your medical records. Guess what?   Many parts of most medical records are in the doctor's unreadable handwriting.  The diagnosis is not enough.  The diagnosis will have to be proven to the insurance company.  It won't be easy, because they will use a "hired gun" expert.  Some of these professional experts make half a million dollars or more writing reports and testifying for insurance companies.  Most of them have been doing it for years.  They even have courses on how to be a devastating expert for the defense. They'll pick apart you, your doctor, your injuries, and they'll use little bits of your medical records to do it.

These experts can be exposed for what they are.  But it will only happen if you have someone on your side who knows what's going on.  Your lawyer needs to control these experts from the beginning, sometimes with the help of the court.  You want your lawyer to be there for you.  If necessary, you may need to find a doctor who is expert in the kind of injury you have, so that they can show why the insurance company "hired gun" is wrong.  Sometimes there is an objective test, like an MRI or CT scan that can help prove the defense expert is wrong.

Effective Presentation

You want your evidence presented in a effective way.  Sometimes you may need a court exhibit prepared.  Other times, you may need organization so that your evidence is compelling.  An attorney with a lot of experience will know how to handle this so that it works.

A qualified motorcycle accident attorney will have had many, many cases.  Each time, there is something new to use in other cases.  That helps in your case.  Your case will be unique to you.  No two riders are exactly the same, and neither are their cases.  By working with you, a good motorcycle lawyer will bring out the problems your injuries cause you every day.  Does your work suffer?  Are you cutting back on what you do at home?  Have you stopped doing what you do for fun?

Negotiation

Negotiation is an art requiring a lot of practice.  The insurance company claims people, and their attorneys, have lots of experience.  They do this all day.  

A good motorcycle accident attorney does the same.  You can feel confident knowing that your attorney knows how to negotiate for you.

Trial

Trial is what happens when your attorney fails to succeed in convincing the insurance company that they should pay on your case.  However, if you cannot get your case settled, it will have to be tried. Trials require a lot of preparation and skill.  There is no sense in going to trial unless you will do better than you would in settlement.  Trial is going to take a lot of work and money.

Juries give money to people they like.  You will need to know how to present yourself in trial if you are going to get a good result.  What does the jury want to know?  How do they feel about motorcycle riders.  What are the things that you absolutely have to tell them so that they understand your side of the case?

Can you handle all this yourself?  Can your lawyer?

It takes a lot of work and skill to handle a motorcycle accident case.  The insurance companies have huge amounts of money, experience, and practice.  You can't reasonably expect to do this yourself.

The Best Way to Handle A Motorcycle Accident Case

There are many more aspects to handling a motorcycle accident case.  Call a qualified, experienced, motorcycle accident attorney.  Don't wait.  The sooner you meet with the right lawyer, the sooner you will know that you are being taken care of.  Find out what the right lawyer can do for you. 



January 11, 2010
Excerpt from:  Motorcycle Lawyer

The Huge Difference a Motorcycle Accident Lawyer Makes for You

Decades of Expertise Works On Your Case

I want to offer my answer to the first question most asked by riders injured in a motorcycle accident. That is -- What Can a Motorcycle Accident Lawyer do for Me?

Avoiding Mistakes in the Beginning

There are a couple of tragic mistakes made by injured riders right at the start of their case.  These mistakes are difficult to fix later.

The first mistake is thinking that the insurance company is really interested in taking care of the case. What they are really after is putting together the kind of a defense that will allow them to hold onto their money for as long as possible, and then pay the minimum at the end.  How do they do this?  Simple.  First they get your confidence, then they get all the information they can.  By acting friendly (which costs nothing), they convince you that they are taking care of your claim.  In fact, they get your statement before you talk to a lawyer, they ask for a written release to get your private medical records, and they may even talk you into letting you have the motorcycle.

But, what if you have a really good case?  If you have a really "good" case, this means major injuries. Guess what?  The more the case is worth, the more money they can make delaying payment, and keeping you from having a lawyer work to help you.

If you make an innocent but careless mistake in a recorded statement, or if you provide access to something in your medical records that you don't have to give up, your lawyer cannot make that disappear.

Insurance Companies Respect Lawyers

When the insurance company decides how much to offer, they consider what will happen if the offer is too low.  With a lawyer, there is the risk of an expensive lawsuit.  Without a lawyer, they can always try to force a really low settlement.  Better yet, they can stall by asking for more and more information.  While you and whoever is helping you runs around putting together information, they sit on your settlement money.  How do you think they get the money to buy all that real estate?

Filing Suit Immediately Gets the Ball Rolling

In most courts, it takes a year or more from the day a lawsuit is filed until trial.  If you wait a year or two before you file, it will be two or even three years before the insurance company faces that trial date.  Until then, they don't have real pressure to settle.  Settlement offers will reflect that fact. Worse, the  driver that caused the accident may move and become difficult to find.  Witnesses won't remember the accident as well, and may also disappear.  Even the emergency room doctor may move somewhere.  (Many times, these are residents who are only working in the ER on a temporary basis).  

I make it a practice to file suit and serve it promptly.  You get your case underway, and we start putting everything together.  The insurance company knows that there is only so much time before they have to pay.

Accident Reconstruction - Prove You Are Entitled to Win

In almost every case, the defense will claim  you should have avoided the other car, and that you were going too fast.   They will ask how far away you were when you first saw the other car, and how many seconds you had before it cut you off.  In theory, motorcycles can stop in fairly short distances or swerve, if they are going slowly enough.  You need someone who knows how to beat this false picture.  

Even an attorney who knows about automobile accidents may not have the ability to take on a motorcycle case.  If you can have the best, why would you want anything less?

An experienced motorcycle attorney knows what they are looking at.  Do you expect a general personal injury attorney to be able to tell anything about the accident by looking at the motorcycle damage?  It takes a lot of experience. 

Making Sense of the Medical Records

Ultimately, the value of your injuries are decided primarily on the basis of your medical records. Guess what?   Many parts of most medical records are in the doctor's unreadable handwriting.  The diagnosis is not enough.  The diagnosis will have to be proven to the insurance company.  It won't be easy, because they will use a "hired gun" expert.  Some of these professional experts make half a million dollars or more writing reports and testifying for insurance companies.  Most of them have been doing it for years.  They even have courses on how to be a devastating expert for the defense. They'll pick apart you, your doctor, your injuries, and they'll use little bits of your medical records to do it.

These experts can be exposed for what they are.  But it will only happen if you have someone on your side who knows what's going on.  Your lawyer needs to control these experts from the beginning, sometimes with the help of the court.  You want your lawyer to be there for you.  If necessary, you may need to find a doctor who is expert in the kind of injury you have, so that they can show why the insurance company "hired gun" is wrong.  Sometimes there is an objective test, like an MRI or CT scan that can help prove the defense expert is wrong.

Effective Presentation

You want your evidence presented in a effective way.  Sometimes you may need a court exhibit prepared.  Other times, you may need organization so that your evidence is compelling.  An attorney with a lot of experience will know how to handle this so that it works.

A qualified motorcycle accident attorney will have had many, many cases.  Each time, there is something new to use in other cases.  That helps in your case.  Your case will be unique to you.  No two riders are exactly the same, and neither are their cases.  By working with you, a good motorcycle lawyer will bring out the problems your injuries cause you every day.  Does your work suffer?  Are you cutting back on what you do at home?  Have you stopped doing what you do for fun?

Negotiation

Negotiation is an art requiring a lot of practice.  The insurance company claims people, and their attorneys, have lots of experience.  They do this all day.  

A good motorcycle accident attorney does the same.  You can feel confident knowing that your attorney knows how to negotiate for you.

Trial

Trial is what happens when your attorney fails to succeed in convincing the insurance company that they should pay on your case.  However, if you cannot get your case settled, it will have to be tried. Trials require a lot of preparation and skill.  There is no sense in going to trial unless you will do better than you would in settlement.  Trial is going to take a lot of work and money.

Juries give money to people they like.  You will need to know how to present yourself in trial if you are going to get a good result.  What does the jury want to know?  How do they feel about motorcycle riders.  What are the things that you absolutely have to tell them so that they understand your side of the case?

Can you handle all this yourself?  Can your lawyer?

It takes a lot of work and skill to handle a motorcycle accident case.  The insurance companies have huge amounts of money, experience, and practice.  You can't reasonably expect to do this yourself.

The Best Way to Handle A Motorcycle Accident Case

There are many more aspects to handling a motorcycle accident case.  Call a qualified, experienced, motorcycle accident attorney.  Don't wait.  The sooner you meet with the right lawyer, the sooner you will know that you are being taken care of.  Find out what the right lawyer can do for you. 



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