Representing People Injured in Motorcycle Accidents
Unless a lawyer has ridden, it is difficult for him understand how a motorcycle case differs from other types of personal injury cases. I have had the unfortunate experience of having to lay down my bike. I have had friends injured and killed in motorcycle crashes.
I am attorney Rob Frank in Lewisburg, West Virginia. I have ridden motorcycles for years, putting thousands of miles under my wheels in areas as diverse as the Pacific Coast Highway, the Black Hills of South Dakota and the Appalachian Blue Ridge Parkway. Motorcycle riders form a unique brotherhood, and I treat every motorcycle crash victim and their families as if they were a member of my family.
The Law in Motorcycle Accident Cases
Generally, the law requires a motorcycle operator to use the reasonable care expected of a rider in the same or similar conditions. Often times, the other side will use instructional materials regarding pre-ride inspections and accident avoidance to attempt to place legal blame for a crash on the rider. Most of the time, these defense arguments are red herrings that are not in any way causally related to the crash.
Most lawyers, because they have not ridden, fail to consider or address whether any technical defect in the rider's operation is actually related to the crash. This failure of experience and understanding leads to adverse results for riders.
Motorcycle Accident Injuries
Motorcycle injuries are far too often catastrophic. A lawyer representing a motorcycle rider involved in an accident must consider not only obvious orthopedic injuries, but also closed head injuries which are often subtle in nature, spinal trauma and disability, long term affects of injuries, and the emotional trauma associated with involvement in a crash. In the case of death, a lawyer must understand the mechanism of death in order to show that operator error was not a factor in the injuries producing death.
Engineering in Motorcycle Accident Cases
The mechanics of operating a motorcycle and the dynamics of a motorcycle crash are unique. A motorcycle crash lawyer must understand primary vehicle dynamics (accident avoidance) as well as secondary vehicle dynamics (accident survivability). A motorcycle crash lawyer must understand rider kinematics (such as rider ejection and impact angles) and biomechanics (what happens to the rider on impact).
A motorcycle crash lawyer must understand how the type of motorcycle affects each of these factors. For example, the ejection angle of the rider of a sport bike will be very different from that of a large cruiser. It is difficult for a lawyer who has never ridden to understand, appreciate and communicate the unique nature of these factors. In addition to being a rider, I began my career as a lawyer litigating motorcycle design defects. I understand the medicine, science and law of motorcycle crash litigation.
The Human Element
If there is one thing that leads us to ride, it is freedom. There is a serenity and a peace to miles of asphalt passing beneath your wheels accompanied by the sound of your engine, the wind in your face, and the sights and sounds and smells of your surroundings unimpeded by a steel cage.
A lawyer who does not appreciate the importance of the loss of the freedom to ride, or who does not recognize the loss when a member of this unique family is killed or injured in a crash should not be representing riders. I have seen and experienced this loss first-hand, as a rider and a lawyer.
Contact Lewisburg Motorcycle Accident Lawyer Rob Frank
For a free case evaluation, call me, West Virginia motorcycle attorney Rob Frank, at 304-574-8340 or fill out the contact form on this website.