CINCINNATI PERSONAL INJURY ATTORNEY

Personal Injury Trial Attorney Win

2008-08-30T07:40:00.000-07:00

Anthony Castelli just completed a personal injury trial in the Court of Judge Victor Haddad in Clermont county common pleas courtroom. His client was injured when she was caused a rear end crash. His client was caused 21 months of low back lumbar injury.

She went to the emergency room later that day for headache. Four days later her low back started to affect her to the point that she went to the emergency room. Two months later she went to a chiropractor and several weeks later saw Dr. Valentin a physical medicine and rehabilitation specialist.

She went back to the doctor four months later and tried some physical therapy for a brief period. Dr Valentin suspeceted lumber facet syndrome and recommended burning the small nerve out of the small facet joints. She declined this treatment initiallly out of fear and went back to another chirpractor.

She had some relief but after just sitting for a period of time her back pain came back. She decided to undergo the short outpatient procedure and this solved her problem.

Amemican familiy insurance hired Dr Thomas Bender and he gave the opinion that she was better after 12 weeks and her ongoing back pain was due to preexisting arthritis that was documented to exist two year before her injury, despite she never had any back complaints of significance before the car accidnet. The arhritis was in the same place her back was bothering her after the car accident.

American Family defended the case by arguing that that plaintiff was not credible and dr. Bender was right.

Anthony Castelli proved that Dr bender had previously done 2000 exams for defense attorneys and 4-5 previously for american family. Dr Bender had been listed as their witness before ever eamining the plaintiff.

American Family asked the jury to award $5000 for the limited time of her injury.
The jury came back with a verdict of $25,000.00

The plaintiff was happy with the verdict and felt vindicated from the attack on her good name by the defendant.

Sometimes you have to fight big insurance to get fair compensation for you injurues. Anthony Castelli was inspired by his client who tried so hard to get better and was willing to fight big insurance all the way.

By Anthony Castelli car accident and personal injury lawyer. For more information
visit www.castellilaw.com

Warning For Motorcycle Riders Cincinnati

2008-06-13T21:21:00.000-07:00

There is a very serious riding hazard that was located on southbound interstate 75 at the sharonville overpass area. There is construction going on in that area and the south bound lane was routed into a temporary lane where the berm used to be, In doing this the contractor covers over the yellow edge line marker with a black substance. This substance when wet is very slick compared to the road asphalt adjacent to it.

on May 7, 2008 a biker travelling south was caused to loose control by this slippery substance and crash. Before anything was done about it, on May 9th another biker was also caused to loose control and was killed when his bike slid on this substance and the crach caused him to stike the pavement.

At this time I do not know what this substance was made out of, or if it was approved by the Ohio dept of Transportation. I am in the process of inquiring of ODOT all information about this. So beware if you are funnelled into a tempory lane because you may be going over a very slippery area that will cause your wheel to slide out and possibly kill you.

If you know of anyone else that crashed their bike on interstate 75 southbound in the area of the sharonville overpass please call me at 621-2345 or 1-800-447-6549.

I am actively representing the deceased biker. So motorcycle riders beware of the potential for severe accident and injury.

by Anthony Castelli cincinnati accident and injury attorney

www.castellilaw.com

MORE to LIfe Than Personal Injury Law Practice

2008-05-24T19:45:00.000-07:00

Although I love my personal injury law practice and devote many hours to my clients I have another passion- coaching boys youth basketball.

I am a very demanding coach especially for the fifth grade level, but I tell every child I coach don't take my criticism personally because the bottom line is that I love these children. I want them to be the best they can be in basketball and in life. That means particlarly that they work hard and play hard and pay attention so they can learn the game.

I firmly believe they need to know what it means to give 100% effort and be disciplined to play the game the right way. They need to understand that basketball is a team game.

Of course they need to know that its not the end of the world when they make a mistake and understand that they have done a lot positive in the learning process. Every child needs to gain in confidence. For example if a child takes a good shot and misses they need to be encouraged to take that shot again , not yelled at for missing a shot.

One of my favorite players is a young man named Sam. Almost always he gives everything he's got. He probably is the smallest child on the team but when he gets the eye of the tiger- watch out- because he will play such great defense that it lifts the whole team.

I asked him to play on our school team that I coached 2 years ago. Last year in the CYO tournament he went in the game when things looked bleak and hounded the other teams best player into several turnovers that turned the game around and helped us win.

Just last week he ran back to half court and put himself between a long pass from the other team that could have turned the game around. A player that outweighed him by 40 pounds tried to run thru him to get the ball but Sam held his ground and was knocked to the ground. So instead of the other team scoring and turning the game around Sam literally saved the game by his hustle and court awareness.

I told Sam last week that I would mention him in my blog. But Sam, I still don't want you shooting those 3 pointers, but i can correctly state that every shot you have taken this spring has been a good one.

O yeh one more thing about Sam - he also hit a buzzer beater this season to win a game for us.

I'll never regret trading for Sam two years ago, I hope he doesn't regret being coached by me. He gives me and the team everything he has and doesn't back down from kids twice his size . He has the heart of a lion. He's a special young man.

So this blog dedicated to you Sam . Thanks Sam

coach tony

www.castellilaw.com

Neck and Back Injuriy From Car Accidents

2008-05-16T22:22:00.000-07:00

Car accidents all too often can cause neck and/or back injuries. These injuries can be strains or sprains (a stretching or tearing of the muscles and ligaments) or worse.

Victims can develop bulging, protruding or herniated discs from car accidents. These terms are often used interchangeably by doctors. Some disc injuries can cause pinching of spinal nerves.

If bad enough you can have pain going down your arms from an injury to a disc in your neck. A injury to a disc in the back can cause pain , numbness or tingling to go down the leg.

Often a Mri or Emg is used to determine if there is a disc injury and the severity of it. Sometimes physical therapy can help, often epidural steroid injections are used and ultimately if warranted surgery can be tried to help the pain.

You can be sure that the insurance company will try to argue that your injury was only minor and that the reason you are having problems is because of a preexisting injury or the aging process.

They will likely use a doctor whose opinion they can count on to discredit your injury. That's why its important that you do not make any critical mistakes in seeking the appropriate medical care or doing something else that can hurt your case.

Don't be afraid to tell your doctor if you have had previous problems as failure to disclose to your doctor a complete medical history can discredit their opinion that your injury was caused or aggravated by the car accident.

The value of the money you are entitled to is based on many factors. Verdict in these kinds of cases can range from $0 to thousands of dollars.

by Anthony Castelli accident and injury attorney. Anthony Castelli's website www.castellilaw.com provides free reports and articles to help you decide what to do to get full compensation for your injury. He invites you to please call him if you have any questions. He will provide one free consult to help you decide what to do.

Motorcyclists Take Action On Healthcare Loophole

2008-04-16T21:08:00.000-07:00

There is a little known loophole that could be in your medical insurance coverage the needs to be closed especially if you suffer a motorcycle injury.

Your policy could exclude medical coverage if you sustain a motorcycle injury.

The American motorcyclist association describes the problem as follows and after reading the article below go to this link to compose a letter to your Us senator and congressman
http://www.amadirectlink.com/legisltn/rapidresponse.asp

TELL YOUR REPRESENTATIVE YOU WANT THEIR SUPPORT ON THIS ISSUE!

U.S. Representative Michael Burgess (R-TX-26) and U.S. Representative Bart Stupak (D-MI-1) recently introduced H.R. 1076, "The HIPAA Recreational Injury Technical Correction Act.” Identical legislation obtained 177 bipartisan cosponsors and passed the full Senate in the 108th Congress.

H.R. 1076 aims at ending health care discrimination for individuals participating in legal transportation and recreational activities-activities like motorcycling, snowmobiling, skiing, horseback riding, and all-terrain vehicle riding.

This legislation addresses a loophole caused by a Department of Health and Human Services' rule making it possible for health care benefits to be denied to those who are injured while participating in these activities.

“The development of this bill could not have been possible without bipartisan congressional support and the hard work of the American Motorcyclist Association,” stated Congressman Burgess. “I look forward to working alongside the AMA to get this legislation passed into law.''

Congressman Stupak noted, “This important legislation would prevent health insurance discrimination against citizens who take part in legal, recreational activities such as motorcycle riding and snowmobiling. I look forward to continuing to work with the American Motorcyclist Association and other organizations on this issue."

On August 21, 1996 an important opportunity arose when President Clinton signed the Health Insurance Portability and Accountability Act (HIPAA), prohibiting employers from denying health care coverage based on a worker’s pre-existing medical conditions or participation in legal activities, such as motorcycling.

In 2001, the Department of Health and Human Services released the final rules that would govern the HIPAA law. The rules recognize that employers cannot refuse health care coverage to an employee on the basis of their participation in a recognized legal activity. However, the benefits can be denied for injuries sustained in connection with those activities. Therefore, you were guaranteed the right to health care coverage but not guaranteed any benefits in return for your monthly payments.

The AMA is urging all motorcyclists to notify their Representatives and tell them to co-sponsor and support H.R. 1076, "The HIPAA Recreational Injury Technical Correction Act."

Reprinted from AMA web site by

Anthony Castelli Greater Cincinnati Accident and injury attorney

Do You Need Cincinnati Personal Injury or A Workers Compensation Lawyer

2008-03-18T06:25:00.000-07:00

If you have been injured while working you may be wondering whether you should hire a workers compensation lawyer or a personal injury attorney. The answer depends on how you were injured and by whom.

In Ohio an attorney can be certified as a specialist in Ohio workers compensation law by the OSBA, but this does not mean that he is also an experienced personal injury lawyer.

Some attorneys focus exclusively on workers compensation while other attorneys only focus on personal injury law. Some attorneys have the experience to do both. Most attorneys think they are car accident attorneys but very few have actually have had significant trial experience in taking cases to court and undertaking a trial, let alone handling the complexities of a case involving both workers compensation and a separate personal injury claim.

A personal injury lawyer takes cases where people are injured as a result of the negligence or legal fault of another and seeks to get them money compensation for their injures.

A workers compensation lawyer deals with clients who were injured while working and seeks the benefits of the workers compensation system for their clients. There is no necessity to prove negligence and normally you can not sue your employer even if they are negligent.

But what happens if you are injured through the fault of another while you are working. In that case you have a claim for your personal injury as well as a claim for workers compensation benefits. You can hire two attorneys or you can find attorneys experienced in both workers compensation and personal injury.

There are many benefits to having one attorney handle your workers compensation claim and your personal injury claim. The most important benefit is that the attorney knows all the information relevant to your claims. There is an overlap in medical information that is developed and it is important that one attorney have all that information.

Also the Ohio bureau of Workers compensation is entitled to get paid back out of your personal injury claim on a formula basis that is negotiable. An attorney experienced in personal injury and workers compensation will know how to maximize your benfits and should be able to maximize results for you.

Several recurring types of cases presant themselves. The car accident injury case while working is one. In that case you are entitled to get workers compensation as well as seek damages from the person that caused your injury. Also on construction sites workers can be injured through the negligence of a third party independant contractor. In that situation you also get workers compensation and you can bring a claim against the contrator.

By: Anthony Castelli accident and injury attorney . Mr Castelli is certified as a specialist by the OSBA in Ohio workers compensation law. Plus he has handled hudreds of personal injury cases as well as many cases involving persons injured on the job through the fault off a third person.

His website is www.castellilaw.com

His site provides information on both personal injury claims as well as workers compensation claims. Serving Greater cincinnati Anthony Castelli is both a personal injury attorney and workers compensation attorney and will be glad to provide a free initial consultation.

Attorney Anthony Castelli Becomes affiliated with Pro-Unions Web

2008-02-12T14:09:00.000-08:00

Accident and Injury Attorney Anthony Castelli has recently become affilliated with the pro-unions web site www.pro-unionsweb.com He is a featured advertiser for legal services for personal injury and workers compensation in Cincinnati, Ohio.

The pro-unions web site describes their site as follows :

After tiring of seeing these other so-called "Union Member Information and Resource" websites that feature many non-union made products, an initiative was set forth to create a true union member site. One that not only has useful information, but only lists union made products and labor friendly services.

Quite frankly, what union member would shop and buy from a website that offers foreign and non-union automobiles to them at discounted rates? These sites go as far as to say that they have non-union made automobiles on their websites because they give you a discount, and you deserve a variety of autos and products to choose from whether they are union made or not. If that is the case, they might as well put Wal-mart on their sites!

At Pro-Unions Web we don't want to be the highest traffic website by manipulating numbers and hits. We want to work to earn the distinction of being the best and purest union member information and resource website in the U.S. and Canada.

As a former Union Flat Glass line worker in New Jersey in the 80's and Union Culinary employee here in Las Vegas in mid 90's, I personally know the importance of having a strong union presence in the work-place.

"We must stand together in these ever changing times!"

William Gamble
President
Pro-Unions Web

This web site features products and services dedicated to helping union members. Whether you like unions or not, my experience with union members is that they don't want everything, nor do they want to hurt their company. They just want a seat at the table and an opportunity to make a fair wage so they can suppport their families.

by Anthony Castelli attorney

Ohio Workers Compensation Secret Benefit

2008-02-12T13:13:00.000-08:00

The Ohio workers compensation system provides benefits to workers hurt on the job. Everyone knows that payment for medical treatment is available as well as payment while you are healing.

However many workers do not know about the award called " permanent partial disability". Neither the bureau of workers compensation , nor your employer will tell you about this award. That is why I call this the secret benefit.

If you have a permanent impairment, such as pain, you can file for this award. You must wait a certain time limit before you can file for it. Additionally you do not have to take the award the workers compensation bureau gives you. You can have a doctor of your choosing exam you and give his opinion of your percentage of impairment to your body as a whole. Plus this award does not close your claim but extends it.

If there is evidence, the matter goes to a hearing and the industrial commision decides what your percentage is. I have seen doctors differ as much as 15%. This means that if a bureau doctor gives you 3%, depending on your wages you might get a one time payment of $1200. However if you doctor gives you a 15% the industial commision might find a 9 or 10% award. This could be as much as $$4400. This is quite a big difference.

Most attorneys that specialize in workers compensation of Ohio will only take a fee from your permanent partial award if you are granted one. They can tell you what is a fair award within range and may know doctors who specialize in performing these exams for claimants.

So if you have a workers compensation claim don't be shortchanged. Contact an attorney who specializes in Ohio's workers compensation to see if they can get you the maximum permanent partial disability award.

by Anthony Castelli Attorney certified specialist in Ohio workers compensation law by the Ohio State Bar Association practicng in greater Cincinnati Ohio. Call Lawyer Castelli for a free consultation 621-2345 or visit his website www.castellilaw.com/workers-compensation.html

Workers Compensation Benefit Attorney

2008-01-24T21:33:00.000-08:00

Ohio workers compensation law is complex. An injured worker might think he is getting everything he is entitled to, but I have seen many injured claimants who did not get everything they were entitled to and were "leaving money on the table"

Don't expect your employer and don't expect the bureau of workers compensation to tell you the full story. Find an attorney experienced in workers compensation to help you get everything you deserve.

For instance, there is a benefit available to many workers known as permanent partial diability benefit. A lawyer certified as a specialist by the Ohio State Bar association will know how to get the maximum benefit for you and will normally take their fee out of the award they obtain for you.

Recently deceased attorney Phli Finkelmeier was one of the early pioneers in workers compensation and worked diligently to get his clients every penny they deserved.

Philip Renner Finkelmeier, a lawyer in Cincinnati for nearly 50 years, specialized in workers' compensation law. He was always an advocate for the little guy, helping people injured at their jobs.

In Ohio, the state bar Association certifies as workers compensation specialists attorneys that have shown experience and special knowledge of the Ohio workers compensation benefits.

by Anthony Castelli attorney a certified specialist by the OSBA in ohio workers compensation law. Anthony devotes a part of his web site www.castellilaw.com
to educating the injured worker about their rights.

ABATE of Ohio Seminar

2008-01-08T22:18:00.000-08:00

Abate of Ohio is holding its annual seminar February 1 and 2 ,
2008 at the midwest Hotel in Columbus Ohio. Abate is an organization dedicated to the motorcycle rider. Abate stands for American bikers Aimed toward education.

The Seminar will feature legislative updates, breakout session, awards banquets, guest speakers, government speakers and motivational speakers.

Mark Dann the ohio attorney general will be one of the featured speakers. Special guest speaker will be Slider Gilmore from Iowa.
This important seminar is open to the general public.

The seminar was proudly advertised in the inaugural premier edition of Thunder roads Magazine of Ohio. An Abate update is featured at page 8 in the magazine.

Come to the seminar and learn about issues facing all motorcyclists. Also learn about motorcycle safety and accident prevention. You might even become a member and help your local chapter.

by Anthony Castelli attorney practices accident and injury law representing bikers in motorcycle accidents.he is a member of Abate and represents them in line with the Abate legal services philosophy. His web site features a motorcycle accident area where you can learn about your rights.

www.castellilaw.com

Motorcycle Groups Focus on Safety

2008-01-04T21:52:00.000-08:00

Motorcycle groups have one predominant focus - the safety of motocyclists from accidents. Whether it is the abate of ohio or other state abate organizations or the motorcycle riders foundation, the goal is to promote safety.

The question of how our groups differ from the ntsb was highlighted in the recents MRF Reports. We focus on crash avoidance tools vs the theme of safer crashing ie. helmets posed by the ntsb.

the tools motorcycle rider organizations propose and this attorney writer support are rider education and training, motorist awareness programs, enhanced right of way legislation, proper motorcycle licensing programs, and impaired riding- riding straight campaigns.

As a number of inaccuracies have been uncovered in examining data related to motorcycle crashes and many of the conclusions are speculative at best, the only true solutions to motorcycle safety are these proactive measures that prevent a collision from occurrring at all rather than reactive steps that may offer some level of injury reduction only after a crash has already taken place.

For instance in the greater cincinnati motorcycle community, Aces and Eights, the harley dealer in Mason , offers an excellant program on how to ride safely especially for the novice rider .

Anthony Castelli is a greater cincinnati attorney that represents motorcyclists involved in serious injury cases. his web site offers free education materials on what steps to take to protect your rights if you are injured by the fault of another. www.castellilaw.com

Personal Injury and Workers Compensation - The Interplay

2007-12-13T18:11:00.000-08:00

Personal injury victims injured at work by the fault of a third party face a unique situation. They can file a claim for workers compensation and also file a claim against the person who caused their injury .

For example if you drive for United Parcel and while in the course of making a delivery a person rear ends you then you could file a claim for workers compensation benefits and also make a claim against the insurance company of the driver who caused the accident.

Another common example is a construction worker injured by the fault of another not related to his emplyer. A recent example of a case I succesfully resolved was a road crew worker that was struck by a negligent auto driver

The workers compensation board in Ohio is entitled to get the money they paid out on you claim, back from any recovery you make against the insurance company. But there still is a big advantage to proceed with both claims.

Workers compensation does not pay for pain and suffering damages nor do they pay for your loss of enjoyment of life. Also they may not compensate you for all of your lost wages. Therefore you can maximize your recovery by filing both claims. Even though you have to pay workers compensation back, there is a formula that is used that may allow you to pay them back less than what they paid you.

Additionally you can get a portion of your lost wages now from workers compensation instead of having to wait until your personal injury case is settled.

This double type of case can be difficult , especially if you
have one lawyer handling your workers compensation case and one lawyer handling your personal injury case. The right hand may not know what the left hand is doing. Plus negative evidence could be created in your case by the workers compensation doctors that your personal injury attorney does not know about.

The best way a client can protect themselves is hire one lawyer who can handle both cases. This means that you should hire an attorney that does significant workers compensation cases and also is an experienced personal injury attorney. This way all the information is managed and known to one attorney who can work to maxiamize the benefits in both cases.

In Ohio a lawyer can be certified as a specialist in workers compensation law and also have significant experience in personal injuy cases. So if you have this type of double claim my suggestion is hire an attorney that can handle both cases.

Anthony Castelli is a Cincinnati personal injury attorney who is also a certified specialist by the OSBA in Ohio workers compensation. He offers free consultations. You can get more information about him and your injury case at www.castellilaw.com

Personal Injury Victims Face Grab For Medical Insurers For Their Compensation Awards

2007-11-22T21:01:00.000-08:00

Personal injury victims are loosing their hard earned compensation to their medical insurers. If you are injured by the fault of another and you get compensation you may end up having to pay it all to your medical insurer. This is because medical insurers put clauses in the insurance contract that says that if they pay medical bills for an injury and you receive compensation for it from the person who caused your injury then you have to pay the medical insurer back.

This can lead to the totally unfair result where the injured party does the work to hire an attorney and gets an award but may still end up with nothing because their medical insurer gets to be paid back everything they expended for your treatment.

A case in point is Deborah Shank who was severe;y injured by a trucking company. Aftr legal expenses and attorneys fees were paid there was $417,000 left that was put in a trust for her future needs. Wonderful Walmart, her employer that provided the insurance, sued to take it all and won.

There are many variables that determine whether the insurance company must be paid back fully or partially. So get a good lawyer that knows the arguements to fight with these health insurance comapnies. Although in many states and in federal cases it may be up to the legislature to change the laws so injury victims can keep a fair amount of compensation. However a vigourous defense can often cause the insurer to take substantially less than what was paid.

by Anthony Castelli personal injury attorney www.castellilaw.com

Motorcycle ride To Aid Injured Troops Cincinnati - Fairfield

2007-09-03T07:51:00.000-07:00

Motorcyclists will depart the Fairfield VFW Hall at 1367 Hick Blvd at noon Sept. 9th to begin a benefit ride to honor the memory of marine Lance Cpl Taylor B. Prazynski who was killed in Iraq in 2005.

This is the third annual 9/11 Hero's Ride and will be preceded by an all you can eat breakfast from 9-11

Registration is $15, $5 for additional riders.

Proceeds benefit impact a hero, a nonprofit organization that helps injured or disabled military personnel.

Remember, even if you disagree with the war, as do 75% of Americans, we still need to support our troops. For some of them and their families life will never be the same.

Anthony Castelli Cincinnati accident and injury and motorcycle lay attorney
www.castellilaw.com/motorcycle-accidents.html

Car Fleeing Cop Kills Motorcyclist

2007-09-03T07:21:00.000-07:00

A police chase of a motorist who made a U turn to avoid a drunken driving checkpoint in Fairfield resulted in the death of brother motorcyclist rider John Kallmeyer.

Newpaper reports state the the chase began at the Symmes road and Pleasant Avenue border checkpoint. Officers spoted a white Cadillac making a u-turn in an apparent attempt to avoid the checkpoint. They chased the cadillac and in the course of the chase it hit one vehicle then struck motorcycle rider John Kallmeyer.

John Kallmeyer was an Army veteran, raised horses and enjoyed motorcycle riding.

Kenneth Haugabook was arrested for vehicular homicide.

Our deepest sympathies go out to the family of John Kallmeyer.

Not to minimize the conduct of Haugabook, but I wonder why police pursued Haugabook for such a minimal traffic violation, into another county . Maybe if they had not, John Kallmeyer would be alive today. At least an investigation should be made to determine if police followed their own pursuit guidelines.

by Anthony Castelli accident and motorcycle law attorney www.castellilaw.com/motorcycle-accidents.html

Do Not Let Big Insurance Defeat You Motorcycle Accident Injury Claim

2007-08-16T14:58:00.000-07:00

Americans have had a long standing love affair with the motorcycle. The movie “Easy Rider” which was released in the early 1970s and the re-emergence of the Harley Davidson as a symbol of motorcycle quality re-energized this love affair. Today, hundreds of thousands of American's own and regularly ride motorcycles on roadways that have become increasingly congested with bigger and faster moving vehicles. Additionally, the motorcycle has become bigger and capable of higher speeds. The combination of a fast moving motorcycle on a highway full of large fast moving vehicles, is an accident waiting to happen.

The National Highway Traffic & Safety Administration released a detailed report in
2001 that published the following statistics:

A motorcyclist is 16 times more likely to be fatality injured in an accident than as an automobile occupant.
56% of the motorcycle fatalities were speed related.
60% of motorcycle accidents occurred with a fixed object.
Approximately 50% of motorcycle fatalities were wearing helmets.
65% of motorcycle fatalities occurred during nighttime hours.
The three highest contributors to motorcycle fatalities were negotiating a curve prior to collision, inability to brake in time, and steering problems.

Some motorcycle accidents require the use of motorcycle accident reconstruction experts . Some experts focus on the eqiupment the operator wore or did not wear to defeat a motorcyclists valid claim. This is a quote from just such a site.
" These engineers have learned to gather all the relevant factors that could be involved in a motorcycle accident. The first factor to be examined is licensing. Proper licensing indicates that the motorcycle operator had specific training in both vehicle maneuverability and safety measures. The second factor to be considered would be the operator's protection such as a proper helmet and safety gear. A question to be answered is did the operator wear the proper safety equipment and was the equipment worn properly?

The third factor to be examined is the motorcycle's speed prior to the collision. Although motorcycles may be easier to maneuver, motorcycles take a longer distance than a car to stop. A car at 60 mph will typically skid to a stop in about 171 feet on an asphalt roadway. A motorcyclist who applies only rear wheel braking will require as many as 340 feet to stop on the same roadway at this same speed. The fourth factor to be examined is the design of the roadway where the accident occurred. Was the roadway curved, was the roadway crowned, were their vision problems, was the sun a factor, etc.? All of these factors can be causal in a motorcycle accident and must be carefully evaluated.

After inspecting the involved motorcycle and other involved vehicles, visiting and measuring the accident site, reviewing all the possible contributing causes including the motorcycle's speed, braking skid patterns, reaction times, roadway visibility, weather conditions, etc., the engineer will be able to form a comprehensive opinion of the cause or causes that contributed to the motorcycle accident."

So you see my biker buddies, the insurance industry has numerous people at their disposal to try to deafeat your claim even if you were not at fault for the accident. Yes this stinks, but you can protect yourself by hiring a good motorcycle attorney who knows how to combat their tactics.

One thing that you can do to prevent them from attempting to destroy your claim is wear a helmet. That way if you do end up with a head injury from an accident the insurance company can not defeat your claim by hiring some so called expert to say that if you had been wearing helmet your injury would have been lessened.

I am not telling you that you should or should not wear a helmet, that is your choice. I've included studies on my web cite so that you can decide what you want to do . www.castellilaw.com/motorcycle-accidents.html
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What Ya Gonna Do When A Cager Tailgates Your Motorcycle

2007-07-29T14:32:00.000-07:00

Some people are just born tailgaiters it seems. A problem for car drivers being tailgated , but when a biker is tailgated, it's even more worrisome, how about downright nerve racking and scarry. So what can you do about it?

The Ohio motorcycle operator manual has this to say:

Speeding up to loose someone following too closely only ends up with someone tailgaiting you at a higher speed. A better way to handle tailgaters is to get them in front of you. When someone is following too closely, change lanes and let them pass. If you can't do this, slow down and open up extra space ahead of you to allow room for both of you and the tailgater to stop. This will also encourage them to pass. If they don't pass, you will have given yourself and the tailgater more time and space to react in case an emergency does develop.

The suggested solution of slowing down doesn't seem to me you to solve the problem of getting the cager from behind you to a position in front of you. So i'd like to share a solution I've cut and pasted from a dynamite biker law blog.

What follows is a solution from the blog of Norman Gregory Fernandez, a real life biker and lawyer from California.

The first thing that every motorcycle rider knows or should know, is that no matter how big, tough, muscle bound, and bad assed you are, grandma driving her 1980 Buick can easily take you out with just a slight press of the gas pedal or a flick of her wrist on the steering wheel. This also goes for the 16 year old school girl on her cell phone. If you do not know this fact, than you should not be riding a motorcycle. The bottom line is that any time there is a situation where a car meets a motorcycle in an accident, the car will always win. This fact should be self evident.
Your goal as a biker and a motorcycle rider is to avoid impacts with cars at all cost, even if your ego is bruised, and even if you have to give way.

If you are being tailgated by a car, the first thing that you should do is to put your turn signal on, switch lanes, and get the hell out of the way as fast as reasonably possible. This is not rocket science, this is common sense. When the car passes, you just let it go. I will talk about this more later.

If you are on a one lane road, I suggest putting on a right turn signal, and then tapping your breaks to get the cars attention. In some cases this will cause the car to back off if they are simply not paying attention while driving. If it is an intentional tailgater behind you, this maneuver hopefully will not piss them off because they will see that you are trying to get off of the road, and they will back off and give you time to pull over to let them pass. You should then try to pull off of the road at a place where is safe to do so and let the car pass. When the car passes, you just let it go. I will talk about this more later.

Remember, I am talking about life threatening tailgating here, and not simply a car that is a safe distance behind you.

The reason why you want to get out of the way, and let a tailgater pass you is obvious; it is to avoid being rear ended if you are forced to stop or slow down suddenly; if you have a mechanical problem which causes you to slow down suddenly; if you have to switch to your reserve tank if you run out of gas on the main tank, etc. There are voluminous reasons that could cause you to have to slow down suddenly, and your job is to not get hit by the tailgater so you can go home and ride another day.

With respect to the legal ramifications of letting a tailgater pass, there are numerous reasons why it is better to let them pass, and let it go. The number one reason is that you do not want to end up in the hospital or lose your life, just to prove a point that you own the lane and have the right of way. Your job is to ride your motorcycle, and to not get jacked up in the process, so that you can live to ride another day!

Car v. Motorcycle injury accident cases are not pretty, and you sure don’t want to be the victim in such a scenario just to prove a point.

With respect to the options of throwing ball bearings, hitting the other car with a gauntlet, or chasing them down and beating them up, come on; you will either go to jail, or get hit by the cager who is now the victim of an assault and battery or attempted murder. Why would you want to do something so stupid? Do you really want to either give up your life, or your freedom, for some idiot cager who was tailgating you? No way! Chasing a tailgater could also result in an accident where an innocent victim is hurt or killed in an accident. Is it worth it? No! In the above scenario, you now become a criminal and not a victim. I am not willing to give up one day in jail for a stupid tailgater.

With respect to flipping the cager off, why would you want to potentially provoke an incident where the cager in a road rage, decides to take you out with their car on a spur of the moment impulse, or even worse, pull a gun and shoot your ass. It happens! Remember; car v. motorcycle = motorcycle loses. Let your ego go, and just enjoy your motorcycle ride.

With respect to the turning your head to get their attention and/or stare them down option; what if there is something in the road ahead of you? Imagine turning your head back around to discover the horrible scenario of stopped traffic in front of you, or an obstacle in the road ahead of you that you cannot avoid. It takes much more room for a motorcycle to stop than a car. We only have two wheels on a motorcycle. Turning your head would be a stupid thing to do. When you turn your head all the way around on a motorcycle you are putting yourself in extreme danger. This is not recommended because there is a significant chance that you will end up becoming an accident victim. You could also provoke a road rage incident with the tailgater. This is all common sense folks.

With respect to the throwing pink confetti option; come on, you could potentially get dinged for a 2 thousand dollar littering fine, or worse, a criminal charge for assault and battery on the tailgater. You could even provoke the tailgater into hitting you in a road rage incident.

Remember, the tailgater is either not paying attention, or intentionally tailgating you, and is in a rush to get to where they are going. In either case, your best move is to get the hell out of the way as fast and safely as possible, and to let the incident go. This way you are safe, and not yourself facing criminal charges for doing something stupid.

If you are riding your motorcycle and you yourself experience road rage, pull off of the side of the road, take a deep breath, and chill out. Road rage and riding your motorcycle are not compatible! You already have enough problems just riding your motorcycle on the road. The last thing you want to do is to have anger cloud your judgment.

If you are really upset and pissed off try saying this prayer to yourself:

“God, grant me the serenity to accept the things I cannot change, the courage to change the things that I can, and the wisdom to know the difference.”

This prayer works for me everytime!

By Norman Gregory Fernandez, Esq., © 2007

You can read more of Norm's excellent down to earth writings at

www.bikerlawblog.com

Anthony Castelli motorcycle attorney www.castellilaw.com/motorcycle-accidents.html

Eleven Top Reasons For Hiring A Motorcycle Accident Attorney

2007-07-18T19:53:00.000-07:00

July 18, 2007

The decision to hire an attorney should not be taken likely. This article is intended to give you the ten top reasons to hire a motorcycle accident injury attorney if you are injured in a motorcycle accident.

1. By hiring an experienced motorcycle attorney, especially a lawyer that is a biker, will help the rappport and confidence level you feel about an attorney. Face it, most people want help from someone that they have a common bond with. Someone they feel comfortable talking to.

2. A lawyers that has ridden motorcycles is likely to understand the aspect of how you manuevered your bike and why even with the best riding you could not have avoided the accident.

3. A biker attorney is not going to criticize you for not wearing a helmet if the law does not require it. In fact he can mount defenses for you when the insurance company tries to lowball you because you were not wearing a helmet

4. A good lawyer brings with him a multitude of skills and a depth of knowledge. He's likely dealt with hundreds, if not thousands of personal injury cases and therefore what needs to be done. A lawyer has experience in gathering evidence and negotiating with insurance companies. He will advise you on how much you can expect to get for your settlement (you probably have no idea, do you?). Knowing what your case is worth is essential to negotiating.

5 Your motorcycle injury lawyer will do all the legwork involved in gathering evidence for your case (obtaining medical records, doctor's notes and narratives, police reports, etc.).

6.Your personal injury lawyer will also negotiate with the insurance company. If you don't know how to play the negotiating game then you'll get eaten alive by the adjuster (the person working for the insurance company trying to get you to take the lowest settlement possible). The lawyer will have tons of experience negotiating and will not be intimidated by the adjuster. He knows how to handle them.

7. A good lawyer takes the time to explain the process to you so you will know what to expect.

8. A good motorcycle attorney will advise you on what you should or should not do as you injury unwinds.

9. A good biker attorney will advance expenses of litigation so your case can be fully prepared.

10. A real motorcycle attorney will be willing to file suit and go to trial if necessary so you don't have to take their lowball offer. The truth is you surely would not want to try your own case. If you try negotiating by yourself, what incentive does the insurance company have to pay you a fair dollar when they know that you pretty much have to take what they offer since you are in no position to try your own case.

11. By hiring a motorcycle lawyer you have time to take care of your injuries and attend to your daily activities , secure in the fact that you have a motorcycle attorney fighting your battle and leveling the playing field.

Cincinnati Motorcycle Attorney Presents Nine Safety Items Car Drivers Should Know About Motocyclists

2007-07-08T08:41:00.000-07:00

Nine Things All Car Drivers Should Know About Motorcyclists

1. Some drivers don't "recognize" a motorcycle; they ignore it (usually unintentionally). Look for motorcycles, especially when checking traffic at an intersection.

2. Because of its small size, a motorcycle may look farther away than it is. It may also be difficult to judge a motorcycle’s speed. When checking traffic to turn at an intersection or into (or out of) a driveway, predict a motorcycle is closer than it looks.

3. Because of its small size, a motorcycle can be easily hidden in a car’s blind spots (door/roof pillars) or masked by objects or backgrounds outside a car (bushes, fences, bridges, etc). Take an extra moment to thoroughly check traffic, whether you're changing lanes or turning at intersections.

4. Because of its small size a motorcycle may seem to be moving faster than it really is. Don't assume all motorcyclists are speed demons.

5. Motorcyclists often slow by downshifting or merely rolling off the throttle, thus not activating the brake light. Allow more following distance, say 3 or 4 seconds. At intersections, predict a motorcyclist may slow down without visual warning.

6. Turn signals on a motorcycle usually are not self-canceling, thus some riders, (especially beginners) sometimes forget to turn them off after a turn or lane change. Make sure a motorcycle's signal is for real. ( Even for cars, never ever assume that a driver is going to turn into the street you are pulling out from. The turn signal may be meant for a turn down the road . So don't pull out in front of an oncoming vehicle based on he assumption its going to turn into the street you are waiting to pull out from)

7. Motorcyclists often adjust position within a lane to be seen more easily and to minimize the effects of road debris, passing vehicles, and wind. Understand that motorcyclists adjust lane position for a purpose, not to be reckless or show off or to allow you to share the lane with them.

8. Maneuverability is one of a motorcycle's better characteristics, especially at slower speeds and with good road conditions, but don't expect a motorcyclist to always be able to dodge out of the way.

9. Stopping distance for motorcycles is nearly the same as for cars, but slippery pavement makes stopping quickly difficult. Allow more following distance behind a motorcycle because it can't always stop "on a dime."

Remember, its not just a motorcycle, its a person.

14 Tips for Motorcycle Passenger Safety

2007-07-08T08:27:00.000-07:00

Cincinnati Motorcycle Attorney Gives 14 tips For Motorcycle Passenger Safety

Riding with a passenger changes the characteristics of riding a motorcycle. Here are 14 tips to help you be a safe operator with a passenger on board.

General Safety Considerations
1. You need to be experienced in the motorcycle’s operation and have a safety-oriented attitude before taking on the added responsibility of carrying a passenger.
2. Practice low-speed clutch/throttle control as well as normal and emergency braking in a low-risk area like an open parking lot, with a passenger.
3. Use caution in cornering and develop cornering skills over time to ensure passenger comfort and safety.
4. Use caution in corners as clearance may be affected.
5. Use a Search, Evaluate, Execute (S.E.E.) strategy to increase time and space safety margins.
6. Allow time for a passenger to adjust to the sense of speed and the sensation of leaning; speeds should conservatively safe and reasonable until a passenger acclimates to the proper riding techniques.
7. Ensure passengers follow safety procedures:
a. Complete personal protective gear is properly in use.
b. Hold operator’s waist or hips, or motorcycle’s passenger hand-holds provided.
c. Keep feet on footrests at all times, including while stopped.
d. Keep hands and feet away from hot or moving parts.
e. When in a corner, look over the operator’s shoulder in the direction of the corner.
f. Avoid turning around or making sudden moves that might affect operation.
g. If crossing an obstacle, stand on the pegs with the knees slightly bent and allow the legs to absorb the shock upon impact.
8. Allow more time for passing.
9. Be ready to counter the effects of wind.
10. Avoid extreme speeds and dramatic lean angles.
11. Be ready for a passenger “bump” with their helmet when stopping quickly.
12. Start the motorcycle before the passenger mounts.
13. Have the passenger mount after the motorcycle’s stand is raised and the motorcycle is securely braced.
14. Annually complete an ERC Skills Plus RiderCourseSM with a passenger.

Cincinnati Attorney Supplies Study of Motorcycle Helmet Accidents

2007-06-28T08:17:00.000-07:00

In my prior post I gave motorcycle sites with valuable resources. Some of these sites list numerous studies regarding motorcycle helmet effectiveness in preventing injury. I thought that I would reprint the summary of the Goldstein study which appears to have been a scholarly and well done study.

The Effect of Motorcycle Helmet Use on the Probability of Fatality and the Severity of Head And Neck Injuries
Highlights of Helmet Effectiveness Study

Jonathan P. Goldstein, Ph.D.
Department of Economics
Bowdoin College
Brunswick, Maine 04011

This article evaluates the effectiveness of motorcycle helmets in accident situations. A latent variable model is developed and estimated. It is concluded that (1) motorcycle helmets have no statistically significant effect on the probability of fatality; (2) helmets reduce the severity of head injuries; and (3) past a critical impact speed [13 MPH], helmets increase the severity of neck injuries. Further analysis establishes the qualitative and quantitative nature of the head-neck injury trade-off.

Methodology

1. This study employs standard statistical techniques (regression analysis) to isolate the main determinants of death and injury severity resulting from motorcycle accidents.

2. The data analyzed in this study were provided by the National Highway Traffic Safety Administration, U.S. Department of Transportation and originally collected by Hurt et al. (1981), contract No. DOT HS-5-01160. These data are currently recognized as the most accurate and detailed available on motorcycle accidents (See pp. 11-12).

3. The effectiveness of helmets and other determinants of death and injury severity are estimated from a causal model. Three variants of one causal model are used to isolate the determinants of: (1) the probability of a fatality; (2) the severity of head injuries; and (3) the severity of neck injuries.

4. The use of a causal model distinguishes the research methodology of this study from previous studies. The advantage of this approach lies in the ability to estimate the separate effects of several simultaneous and interrelated causes of motorcycle fatalities and injury severities (pp. 2-4). Previous studies simply divide accident victims into a helmeted group and non-helmeted group. As a result all differences in fatality rates, injury rates and injury severities between groups are erroneously attributed to helmet use. These comparisons fail to consider other differences between helmet users and non-users which influence the probability of death and the severity of injuries. The most plausible hypothesis is that helmeted riders are more risk-averse and thus: (1) have lower pre-crash and thus crash speeds; and (2) are less likely to combine alcohol consumption and driving. Such behavior, rather than helmet use per se, may dramatically reduce the probability of fatality or the severity of an injury. Only a causal model that considers crash speed, helmet use, alcohol use and other pertinent variables can isolate the separate contribution of each determinant of the severity of injury or probability of death.

Causal Model (pp. 4-8)

1. The causal model considers three broad categories of the causes of death and injury severity. These include factors governed by the laws of physics, physiological factors. and human factors and operator characteristics.

2. The physical factors considered include: the kinetic energy (potential for bodily damage) transferred to the motorcycle operator by the impact, compressibility of the impacted object, helmet use, and possible engineering limitations of helmets (as affected by the impact speed that the helmet is subjected to in the crash).

3. The physiological factors considered include: operator's age, blood alcohol level, drug involvement, and permanent physiological impairment.

4. The human factors and operator characteristics considered include: rider on-road experience, whether the operator had taken the correct evasive action for the particular accident situation, driver training, and the operator's past accident and violation histories.

5. Numerous other determinants were also considered.

Results (pp. 13-18)

1. Helmets are shown to have no statistically significant effect on the probability of a fatality given that a motorcycle accident has occurred. This means that based on standard statistical tests we cannot reject the claim that helmets do not affect the probability that a rider will survive a motorcycle accident.

2. The major determinants of fatality are the rider's crash speed (kinetic energy) and blood alcohol level.

3. For the average rider involved in the average accident, it is found that the probability of death increases from 2.1% to 11.3% when the rider's blood alcohol level increases from 0.0 to 0.1 (from sober to legally intoxicated in most states).

4. In the same vein, an increase in the crash speed from 40 to 60 mph increases the probability of death from 7.1% to 36.3%

5. It is found that helmets have a statistically significant effect in reducing head injury severity. We can reject the hypothesis that helmets have no effect on head injuries in favor of the claim that they reduce head injuries.

6. It is shown that past a critical impact velocity to the helmet (approximately 13 mph), helmet use has a statistically significant effect which increases the severity of neck injuries. Thus we reject the claim that, helmets have no effect on neck injuries in favor of the claim that, past a critical impact speed, they exacerbate neck injuries.

7. As a result of (5) and (6), we establish that a tradeoff between head and neck injuries confronts a potential helmet user. Past a critical impact speed to the helmet (13 mph), which is likely to occur in real life accident situations helmet use reduces the severity of head injuries at the expense of increasing the severity of neck injuries.

8. Further statistical tests reveal the qualitative nature of this tradeoff. It is shown that an individual who wears a helmet and experiences an impact velocity to the head greater than 13 mph may avoid either severe or minor head injuries and incur either severe or minor neck injuries; all permutations of the tradeoff are equally likely to occur.

Policy Implications (pp. 18-20)

1. If a major concern of policy makers is the prevention of fatalities, helmet legislation may not be effective in achieving that objective.

2. If the overall cost to society of motorcycle accidents is the issue, then cost-benefit analyses that adequately consider the tradeoff between head and neck injuries must be conducted before the cost effectiveness of helmets can be determined.

3. Until the injury tradeoff issue is more carefully studied, it cannot be concluded that mandatory helmet use laws are an effective method to eradicate the slaughter and maiming, of individuals involved in motorcycle accidents.

4. A more effective policy approach would be two pronged, including both policies to prevent accidents and policies that effectively reduce the probability of death and the severity of injuries.

5. Policies to prevent accidents include: (1) the education of the general driving public; (2) the education of a younger and more inexperienced population of motorcyclists on the issues of accident avoidance and the proper use and control of high horsepower machines: (3) stricter enforcement of drunk driving laws; and (4) implementation of alcohol awareness programs.

6. Policies to reduce death and injury severity include: stricter enforcement of speed limits. the alcohol related policies suggested in (5) and mandatory driver training and education programs which emphasize the proper execution of evasive action.

© Copyright Jonathan P. Goldstein Ph.D. 1986. All Rights Reserved.

courtesy Anthony Castelli motorcycle accident attorney www.castellilaw.com/motorcycle-accidents.html

Cincinnati Motorcycle Attorney Talks About Helmet Resources

2007-06-27T18:21:00.001-07:00

The debate contiues to rage on about motorcycle helmets. Some want them to be mandatory, some want the biker to decide. But underneath those preferences are pros and cons that each side of the motorcycle helmet issue can rally around. The purpose here is not to take sides, but to alert you to web sites that can give you information so that you can decide .

Most nonriders' reaction is of course helmets can prevent injury. But maybe that is not always the case , and possibly they can increase the risk of injury. So look for yourself at these sites:

www.bikersmag.com

bikersrights.com

helmet law defense league www.usf.com/hldl

these web sites can get you started into the research and what is fact , maybe.

www.castellilaw.co/motorcycle-accident.html

the Hurt report is a place to also look . I have resources such as that and others at the above web site.

tony Castelli cincinnati motorcycle attorney

Understanding the Motorcyclist a Bikers Plea

2007-06-10T12:59:00.000-07:00

When you see us moving past you quickly:

Don't take offense or think we're trying to "show off". Ninety five percent of the time, we're trying to get out of your blind spot or taking ourselves out of a potential dangerous situation that has evolved around us. Distancing ourselves from you does not mean we want to race, but that we're giving ourselves the edge we need at the moment. Hitting the road hurts and can ruin the lives of our friends & family.

When you hear our loud pipes:

Don't become angry and hostile toward us. Yes, some are quite loud, but for some, there's a purpose behind being loud. It's about letting you know we're close by and we're constantly hoping that our investment in this accessory will help save our lives. Our pipes are really not about our ego...it's a pride and personalization to our form of transportation.

When you see us in our clothes:

Don't become fearful of us or think us weird. Our leather jackets, chaps, gloves and boots are the barriers between loosing massive amounts of flesh should something cause us to go down...nothing more, nothing less. Safety gear is paramount to our riding. We wear patches on our jackets, and pins on our vests. These are symbols of pride and honor within our group(s), individuals giving back to those who gave. These things bond us as a brotherhood and sisterhood among bikers. Not that we're better than anyone else, but that we have the same kind of nobility and pride in our accomplishments as you may have in the various aspects of your life. I guess one could say; our patches and pins are the decals and the bumper stickers of our involvement with society and the general public, of which we are very pleased to be a part of in our own little way. If you ever get thrown to the pavement at 50 mph because of a thoughtless driver you will be very thankful that you were wearing chaps, helmet, jacket, and gloves.

When you see us in a restaurant:

You don't have to shield your child or feel intimidated. We have family, wives, husbands, children and loved ones too, just like you. We smile; we laugh and enjoy the moments we have. We are approachable, and would befriend you, if given the opportunity.

When you see us in a parking lot:

Don't convince yourself that we're there to "get you". More than likely, we just finished a long ride and are taking a break. Or, we may be meeting up with other riders for a charity run for young children, or another very worthy cause. We may just be admiring one another's bikes, sharing our pride with other brothers and sisters, just like you do with your personal vehicle. It's what we do...it's a part of our lives, and we'd be more than welcome to share with you what riding a bike is all about...if you'd only ask.

When you see aggressive riding bikers:

Don't put us all in the same stereotypical category as those whose behavior and actions would cause you to react in disgust and intolerance. Many of us do not agree with this style of riding either, and we know and understand that human nature tends to blend us all together as the "same group". Most of us don't want that title...and don't deserve it.

When you see a group of bikers on the roadways:

Give us the courtesy of sharing the road with you. We ride in groups with the hopes that we are more easily seen by those in cars. Please don't "move in" between several bikers in formation. This gets us very excited and nervous, especially when it's done with no due regard for our safety. Provide us with your awareness of the fact that we are much more vulnerable than you. We don't want to challenge you, for all of us are wise enough to know...we'd lose that battle.

When you are turning left or entering a roadway/highway:

Look, then look again...and then one more time. For we can be easily hidden, and appear to be invisible by such things as a telephone pole, another vehicle, bright lights or the glare of the sun...or possibly, the beads hanging from your rearview mirror, among numerous other items that are displayed there. If you see us flashing our lights at you or blowing our horn, we're only trying to ensure that you will see us before tragedy changes both our lives.

When you are behind us:

PLEASE GIVE US THE ROOM WE NEED AND DO NOT TAILGATE US. If you hit us, we're going down...HARD! If you rear-end another car, chances are the other driver goes home and calls the insurance agent. If you rear-end a biker, the biker is lucky to go home at all. We don't want to play games with you, we just want to enjoy the ride and the fresh air, and experience that which many of you have never lived for. If we accelerate away from you, don't interpret this action as though we want to drag race you. We're only trying to take ourselves out of a bad situation if you insist on being too close. We'd rather have a speeding ticket than a funeral.

Left turns at intersections and pulling out in traffic:

Please wait a few seconds at an intersection instead of turning left in front of us just as we enter the intersection. Please wait a few seconds to let us pass instead of pulling out in traffic right in front of us. Slamming on the brakes and locking up the tires in a car is usually harmless. Locking up the brakes on a motorcycle can be deadly. Your waiting a few more seconds can mean saving a life. Car on car accidents open an air bag. Bike on car accidents open a body bag. However, if you do turn in front of us and we have to brake hard or swerve, do not be shocked if we yell obscenities at you and your ancestors. Having a close call with death because of someone's impatience makes anyone angry - especially us. We experience this more than you know. Please, wait a few seconds and we'll be past you.

When, and if, you experience road rage:

Don't take it out on us just because we're smaller than you and more vulnerable. Think about what you're doing and the end result that may become a reality. The consequences of your actions and choices could be very detrimental to our well being, our families, our children and our loved ones. Yes, there are those that can tend to piss you off, however, rage towards them will not solve the issues, but accentuate them. Nine out of ten bikers will do everything they can to take themselves out of that situation without causing you or them harm.

When you have an opportunity to talk to us:

You'll discover, outside any influenced or stereotypical mindset you may have, that we are just as human as you are, just with different interests and toys. Many of us would give you the shirt off our back if it would tend to brighten your day or console you in some way. We're really no different...and we drive cars, trucks and vans too. So, meet us and greet us...I think you'll be pleasantly surprised that you'll be met with open arms.

Thank You for attempting to understand

reprinted form international bikers association of ohio forum author The Kid

I thought this really tells the bikers story to the non biker with great clarity.

Anthony Castelli welcomes your calls about motorcycle accidents 1-800-447-6549

Cincinnati Motorcycle Accident Attorney Tells Bikers You May Not Be Riding Alone

2007-06-06T20:30:00.000-07:00

A recent article in the American motorcycle Association's magazine discussed the fact that the technology is there to follow you and record what you are doing. The question is this a good thing or a 1984 orwellian concept and just another loss of personal privacy and freedom.

For instance, you could pass under a bridge with a metal canopy holding a row of sensors. The sensors download data from a GPS unit installed as standard equipment on your bike.

A couple of days later, a traffic ticket arrives at your home. The notation on it indicates that somewhere out there on those back roads, you exceeded the speed limit briefly. You can mail in your fine, or you can go to court and try to prove that you didn’t do what your own bike says you did.

• • •

You stop at a gas station to fill up, and a display on the pump indicates that it’s identified your motorcycle. The pump reads your bike’s onboard computer and then adjusts the price of the gas based on your road-usage patterns.

• • •

You pull a stack of letters out of the mailbox and notice an envelope from your insurance company. Inside is a bill that includes a hefty surcharge.

Why? The helpful note underneath explains that the insurance company has determined you’re spending much of your time on congested roads where the chances of being in an accident are higher. As a result, your insurance rate just went up.

• • •

Far-fetched? Hardly. The technology to do all that—and a lot more—already exists.

More significant, transportation officials and insurance companies are already testing ways to use this emerging technology in ways that have the potential to completely change the experience of riding your motorcycle.

If you live in even a moderate-sized city, chances are you’ve already seen some of this new technology at work in the form of stoplight cameras designed to catch drivers who run red lights.

Here is some of the technology already out there.

Data Recorders
Chances are, the only time you think of data recorders is when you hear about a plane crash in which investigators are trying to recover the aircraft’s “black box.”

But the fact is that more than two-thirds of the cars sold in the U.S. today also come with black boxes, technically called event data recorders (EDRs). They’ve been on many American cars since 2004, and in some stretching back to 1990.

The EDR works like an airplane’s flight data recorder, monitoring a wide range of information about the vehicle—speed, engine rpm, throttle or brake usage, even whether the occupants are wearing their seat belts. As a result, it offers a snapshot of what was going on with the vehicle when it crashed, and in the seconds leading up to that crash.

Originally, car manufacturers used EDRs to improve the performance of safety systems like airbags. But the information contained in those automotive black boxes is increasingly being revealed in court to help determine who was at fault in a crash. You may claim you were obeying the speed limit when you skidded on wet pavement and ran off the road, but your car may tell a different story.

Data recorder evidence has been introduced in accident cases in 19 states. One high-profile case that focused attention on EDRs was the 2003 crash in which South Dakota Congressman Bill Janklow ran a stop sign in his Cadillac and collided with a motorcycle ridden by Randy Scott, killing the rider. Traffic investigators extracted data from the Cadillac’s black box showing that Janklow was speeding as he blew by the stop sign and into the path of Scott’s bike.

The increasing number of automotive black boxes has sparked concerns on the part of people who say they represent an invasion of privacy. In response, the federal Department of Transportation has ordered the manufacturers of vehicles with EDRs to include that information in the owners manual, beginning in 2011.

What about EDRs in motorcycles? No one has indicated they are specifically installing such a device, but the computers that run modern engine-management systems track much of the same information, and it’s likely that some include storage of at least a few seconds of data to more precisely adjust things like spark timing and fuel mixture.

GPS, etc.
If knowing exactly how fast a vehicle is going before a crash bothers you , how about knowing exactly where that vehicle is, all the time?

That, too, is entirely possible with today’s technology.

Many car drivers and motorcyclists already use GPS units to keep them from getting lost on the road. But officials in California and Oregon have considered requiring them on vehicles to track how many miles they travel and whether they go out of state as an alternate way to assess highway taxes.

Oregon in particular is looking at GPS tracking to compute gasoline taxes. The onboard GPS would record where a vehicle goes and how many miles it’s driven. Then the tax would be determined at the gas pump.

But the capabilities of GPS units go well beyond reporting where a vehicle is. Among other things, they also collect data on its speed, which has obvious implications.

Currently, Progressive’s TripSense program, a voluntary pricing plan available to drivers in Michigan, Minnesota and Oregon, monitors when they use their cars and how fast they’re going. The company then computes insurance discounts for those who do most of their driving during low-risk hours of the day and spend less then one-tenth of 1 percent of their driving time over 75 mph.

TripSense gets its information from a device that plugs into the dataport for the car’s engine computer. It isn’t a GPS, but it uses the vehicle’s speed data with its own internal clock to determine when the car is being driven. It also collects information about acceleration and braking, but according to Progressive, “That is not used to calculate the discount. Progressive collects this data to better understand if it is predictive of future accidents.”

It should be noted, however, that Progressive warns customers their TripSense data would be released if it was subpoenaed by a court.

.

You may have a GPS system in your vehicle and not even know it.
For instance, the OnStar system in GM cars combines a cellphone with a GPS device, all of which can be turned on by the driver or triggered automatically in a crash.

OnStar says it doesn’t continuously track its customers. It only locates a car when the system senses it’s been in a crash, when the airbag is deployed or when the OnStar equipment gets data updates. Of course, the company also notes that it will locate a car when ordered to by a court.

Don’t own an OnStar-equipped vehicle? You’re still carrying around a GPS locator every time you bring your cellphone with you on a trip.

Since 2005, nearly all cellphones have been equipped with GPS technology, required by law so that police can locate you when you call 911 in an emergency. Again, those phones are not currently set up to track your position continuously, but if the technology exists, there’s the potential for someone to use it.

The Big-Brother Scenario
So let’s say you’re a lawmaker interested in using all this technology to the fullest. What could you do to control the behavior of drivers and riders?

Plenty.

At the simplest level, you could do what one lawmaker in Texas proposed recently. He suggested inserting radio frequency identification (RFID) chips into vehicle registration tags. The chips would contain information about the licensing and insurance status of the vehicle.

That Texas proposal would have given police the authority to use RFID readers—like the units that are part of the EZ-Pass systems on many toll roads—to check vehicles on the road. And if you passed one of these checkpoints in an uninsured vehicle, a $250 ticket would arrive in the mail.

That plan died in the Texas Legislature, but it’s an example of the sort of thing public officials are considering. And that just scratches the surface.

Imagine mandatory EDRs connected to GPS units. They could store every detail of your route and your speed until you pass a bank of sensors connected to a centralized traffic-control computer, which would read the accumulated data.

The computer could compare your route and speed information to speed limits on the roads you used and find out that you’d gone a little too fast at some point. Potentially, it could also pinpoint an illegal U-turn you’d made when no one was watching. Either way, you’d get a ticket from the local police, or an automatic surcharge from your insurance company—or both.

But why just ticket people who violate traffic laws? Why not prevent them from breaking it to begin with?

That, too, is under consideration.

Britain, the Netherlands, Belgium and other European Union countries are researching Intelligent Speed Adaptation (ISA) systems that would warn riders and drivers when they exceed the speed limit, and could even slow a vehicle automatically.

British officials just completed a five-year study of the system, and press reports indicate that members of Parliament are taking a hard look at the research with an eye on putting it into practice.

The British system uses GPS technology and a base map to track how fast a vehicle is going and the speed limit on the road it’s traveling.

A demonstration of the system on a motorcycle showed that when the bike nudged over the speed limit, the rider got two beeps as a warning. When the bike exceeded the limit by 5 mph, the seat started to vibrate.

And if the rider didn’t heed that second warning, then the ISA system took over, slowing the bike down to the speed limit.

Clearly, even though the technology is available, we’re not on the verge of having every moment of our riding controlled anytime soon. But smaller steps are definitely possible.

For instance, the British House of Commons Transport Committee recently issued a report suggesting that a much simpler technology—top-speed limiters—be required on new bikes.

“Motorcycle accident rates are far too high. They have been for 10 years. It is time to consider radical action to tackle this problem,” the report said.

Several years ago, the European Commission went down a similar path when it proposed a 100-horsepower limit on motorcycles. But that measure wasn’t adopted in part because officials couldn’t prove that the restriction would actually reduce motorcycling fatalities.

Now, it looks as though European lawmakers will be having that debate all over again. And it could lead to discussions of more sophisticated forms of vehicle control.

Those discussions could have a direct impact on American motorcyclists, says Edward Moreland, AMA vice president for government relations. He notes that the U.S. is part of a group called the United Nations World Forum for Harmonization of Vehicle Regulations, which is designed to open up the world market by letting manufacturers build one vehicle that can be sold anywhere. And that, warns Moreland, means regulations adopted in Europe could affect riders in America.

“We need to make sure that vehicle standards imposed in the U.S. are appropriate for U.S. riders and riding,” Moreland says. “The traffic environment in Europe is very different from the U.S., and what works there doesn’t necessarily work here.”

© 2007, American Motorcyclist/ most of this information was reprinted from American motorcyclist go to www.ama-cycle.org

Anthony Castelli is an accident and injury lawyer that respects motorcyclists rights. If you have been injured in a motorcyle accident he stands ready to fight for fair compensation for you .

He is a supporter of ABate, supports bikermag.com and www.ohiobiker.com

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The Secret To Winning Your Car Accident Case

2007-05-23T18:20:00.000-07:00

Winning A car accident case (getting full compensation for your injury) is not easy. However there are several things you can do to help ensure that you get fair compensation.

1. Do not delay in seeking medical attention. When someone is horribly injured in a car crash the injuries are usually clearly documented from the time the life squad arrives to the time you are taken to the hospital. But once people are released from the hospital to attempt the recovery process they often fall short.

2. Gaps in medical treatment or cancellation of appointments can come back to haunt you . These cancelations will of course be recorded in your records. This allows the seeds of doubt to be sown regarding how serious your injury ultimately turned out. A good defense attorney will be able to convey that either you weren't hurt all that bad or that had you followed your doctors advice you would have recovered sooner.

3. Listen closely to your body and be a squeeky wheel when you see your doctor. Often severe initial injuries mask less severe injuries that ultimately linger. It is important to tell your doctor as soon as possible what else is bothering you that might not have been as significant initially.

4. Document your injuries with photographs. Photographs can graphically depict the pain and seriousness of an injury.

5. Don't let the insurance company have blanket authoriztions. you never know what they will ask for that isn't their businsess.

6. Do not hide previous injuries from your doctor. Your doctor's opinion of the cause of your injuries is based on a good history. You should give the doctor a complete history of past medical problems. However if they have healed be sure to make clear that they had not been bothering you immediately prior to your new injury.

7. Give yourself the benefit of an early consultation with a good car accident personal injury lawyer. You may decide that the attorney can perform services that will increase the value of your case, give you peace of mind, and allow you to concentrate on healing rather that fighting big insurance, At least find out what you are entitled to and if you have a fair case . Also an attorney can help preserve evidence that might otherwise be neglected.

Anthony Castelli is a greater cincinnati an accident and injury attorney. He welcomes your questions and offers free initial consultations. You can reach him at 621-2345 or www.castellilaw.com for more information