Excerpt from:  Motorcycle Lawyer
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February 28, 2006

Omaha Rider Killed in Crash

Press report implies rider at fault, but fails to explore facts
This is the complete press report of a fatal motorcycle accident:
"Omaha man killed

Authorities have identified the victim of a deadly motorcycle accident as 40-year-old Gary Payton of Omaha.

The accident happened shortly before 10 o'clock Friday night.

Investigators say that Payton was riding westbound on Interstate 80 when he lost control of the motorcycle on the Highway 75 off ramp near 24th Street.

Police say it appears that Payton was speeding.

Investigators say he did not have a motorcycle endorsement on his driver's license and his helmet was not DOT approved.

The accident snarled interstate traffic in the area for several hours."

Obviously, this report goes to great lengths to smear the rider.

I have a lot of questions:

Did the helmet play a role in the death?  The bike is on soft ground.  Did the helmet fail?  Would  a DOT approved helmet have saved his life?

If speed was the cause of the accident, why did the bike end up on the INSIDE of the curve, when speed would push the bike to the OUTSIDE?

Lack of a motorcycle endorsement implies that inexperience played a role, yet there is no explanation of how this might have been a cause of the accident.

While I don't have all the facts, I do have to wonder if there was any investigation at all, or whether this is just a case of motorcyclist bashing.  I can think of many causes of this accident that have nothing to do with any of the anti-rider reporting.

While speeding, bad equipment, and lack of skill are not good things for motorcyclists, neither are poorly lit off ramps with no curbing, other vehicles that may have played a role, an equipment failure of a motorcycle part, or something on the road that could have contributed to the accident.  While there is no evidence any of my speculative causes played a role, neither is it reported that any of the deficiencies attributed to the rider were the sole cause of the accident.

Motorcycle accidents are complex, and require thorough investigation by competent investigators.


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