Motorcyclist Hit by Truck Last Wednesday in Buckeye

A motorcyclist was hit by a truck last Wednesday, and sent to the hospital in serious condition.

Larry Halcomb was riding his motorcycle, without a helmet, southbound on Watson Rd. when a truck trying to turn right onto Watson hit him. Halcomb was driving the speed limit and the driver of the truck, while not impaired, stated that she never saw the motorcycle. This is the most common cause of motorcycle accidents: DRIVERS JUST DO NOT SEE THEM!!

Motorcycle helmets are another topic I regularly discuss on this blog. This type of accident is the reason why. Everyone was doing what they should have been doing. No one was intentionally “breaking the law” or being reckless. Unfortunately, inattention and negligence resulted in a very serious trauma for Mr. Halcomb.

According to one of his co-workers, Mr. Halcomb normally wore a helmet, but it had been stolen recently. This really drives home how we can’t take chances with things like this, not even one time. This rider normally wears a helmet and one of the few times he doesn’t, he suffers severe injury. How do you like those odds? Do you know also that a majority of motor vehicle accidents occur within only a few miles of home? That quick trip to the store. “I’ll only be in the car for a minute and don’t need my seatbelt….”. Guess when the accident is going to happen? Yep.

As I was writing this I started wondering what options might be out there for someone who cannot afford a helmet. I came across the MCF Free Motorcycle Helmet Project website. The Michelle Combs Foundation was started by the Alpha Kappa Psi fraternity at the University of Arizona in her memory. Michelle was a passenger on a motorcycle that was hit by a car back in 2005. She was not wearing a helmet and died after being thrown from the cycle.

If you ride a motorcycle and don’t wear a helmet, please, take down my information, because you will very likely be needing it. I am a personal injury attorney and I can help you collect from the insurance of the at-fault driver, or, if necessary, I can assist your family collect from the same after you are gone. Hopefully there will be enough money for your family to pay for medical bills and some grief counseling. Of course, I won’t be able to properly explain to your children why something like this had to happen, but I will do my best to help them through the most difficult time of their lives.

Here is that website again: http://freemotorcyclehelmets.com/default.aspx

HELMETS----AGAIN!

Helmets save lives! I know I sound like a broken record and I am going to continue to as long as I see these horrific stories in the news.

On Monday evening, a motorcycle and a truck collided near 40th street and Thunderbird. The police are unsure whether the truck collided with the motorcycle or the other way around. Regardless of who hit who, the man in the truck reportedly walked away with no injuries, however, the motorcyclist was pronounced dead at the hospital. He was riding without a helmet.

In my opinion, it does not matter who hit who. There are legal implications certainly, but the legal implications make no difference to the motorcyclist at this point. However, the fact that the he was not wearing a helmet could make a huge difference to his family in being able to present a claim for damages. If the cause of his death was from head injuries, then these very likely could have been avoided by wearing a helmet. He would still be with us, and although banged up, I would think that his family and friends would be happy to have him banged up much more so than lost forever.

In Arizona, the law follows the doctrine of “comparative negligence”. This means that even if the motorcyclist did not cause the accident-- if it can be proved that his death would have been avoided had he worn a helmet, then his loved ones may be denied recovery.

We hope for the best for all involved in this accident and our condolences go out to the family and friends of both parties. No one walked away unharmed. No one wins in these matters.


** The Law Firm of Zachar & Associates specializes in Personal Injury and Wrongful Death. We value your comments so if you would like to speak with Chris Zachar directly please feel free to email him at Czachar@zacharlaw.com, or visit our website at www. ZacharAssociates.com .

Two 22-Year-Old Men Injured in Motorcycle Accidents

Two 22-year-old men were in critical condition last week as results of two different accidents involving motorcycles.

On Friday the 17th, a man was riding his Kawasaki motorcycle in a Scottsdale parking lot when he lost control and struck a wall. Not only was the man not wearing a helmet, but the police also believe both speed and alcohol were factors in the crash. The man was taken to the hospital with serious head injuries including a skull fracture.

The second young man was riding his 1983 Harley Davidson through the Bell Road and 7th Street intersection on Sunday the 19th when a woman driving a 2002 Yukon failed to yield to oncoming traffic, turned left, and struck the motorcyclist. This man was also taken to the hospital in critical condition.

Motorcycles are obviously a very popular form of transportation and fun here in the Valley. The weather allows for them to be ridden year round. However, as we have said time and time again everyone, EVERYONE needs to exercise more caution on the roads considering the traffic volumes and the variety of vehicles on the road today. Motorcyclists need to be even more careful, as drivers do not always see them before making a maneuver in traffic. I received some very insightful advise when I bought my first motorcycle years ago from a veteran rider. He told me “Ride like you are invisible, because often, to drivers, you are”.

As operators of motor vehicles on the public roadways, we all have duties to drive safely to avoid accidents. Motorcycle riders have no duty greater or less than any other driver. However, it is my opinion that motorcycle riders need to be more careful and observant---for their own good. The cars are much bigger, and if an accident occurs, the person on the motorcycle always loses. It does not matter who did what, I can virtually guarantee that the motorcycle rider or passenger is always going to get the worst of it.

In Arizona, helmets are only required by law for those under 18-years-old. Helmets can save lives and prevent very serious head injuries. We know this to be true. In Arizona, if you are involved in an accident, even if you are not at fault, you may be denied a recovery for your injuries and medical bills if the evidence shows that you could have escaped your injuries by wearing a helmet—regardless of age.

Clearly, there are many things both automobile drivers and motorcyclists can do to ensure that the motorcyclists do not fade from view. From the motorcycle rider’s point of view here are some helpful safety suggestions:

• Always wear a helmet (light in color), quality eye protection, and bright protective clothing.

• Use lane positioning to be seen; ride where you are most visible and avoid blind spots.

• Give other vehicles the time and space to see you.

• Make sure all your lights work and have headlight on at all times.

• Flash your brake light when you are slowing down and before stopping.

• Know your bike and how to use it.


For the automobile driver, here are some safety suggestions:

• Look for motorcyclists, especially when checking for traffic at an intersection.

• When you do see a motorcyclist, predict he is closer than he appears.

• Allow more following distance, 3 or 4 seconds, to allow you time to react.

•When a motorcycle is moving, don’t think of it as a motorcycle, think of it as a person.

•Always check your mirrors and blind spots before changing lanes or making sudden moves.

Let’s all do what we can to avoid anyone else suffering serious or life threatening injuries due to these types of accidents. While fatalities can happen, the truth is that they happen far more frequently when the accident involves a motorcycle. Visit www.ZacharAssociates.com for an overview on these types of accidents and what to do if you are involved in one.