Articles Posted in Motorcycle Accidents

The criminal trial of Volodymyr Zhukovskyy has been closely followed for the past two weeks in New Hampshire and nationwide. Mr. Zhukovskyy was charged with 7 counts of homicide after the semi-truck he was driving crashed head-on into a group of motorcyclists in June 2019 in Randolph, Rhode Island, and resulted in 7 deaths. According to a national news report, the jury released a verdict after the two-week long trial, and they found Mr. Zhukovskyy not guilty of all charges.

According to the facts discussed in the news report, prosecutors alleged that Mr. Zhukovskyy was under the influence of drugs at the time of the crash and that his impairment and unsafe driving caused the crash. The defendant had one commercial driving license suspended in Connecticut two months before the crash for drunk driving. Although notice of the incident was sent to the Massachusetts Registry of Motor Vehicles, it had not been processed at the time, and Mr. Zhukovskyy was operating his vehicle with a valid Massachusetts commercial driving license at the time of the crash.

Defense attorneys argued that he was not impaired by any drugs at the time of the crash, and pointed to conflicting witness testimonies to place doubt on the prosecution’s theory of the case. It was unclear whether the motorcyclists for the defendant had crossed over the centerline before the crash. Because of this, the prosecution was unable to prove their case to the jury beyond a reasonable doubt, and Mr. Zhukovskyy will be released from custody.

People may assume that the risk presented by drunk drivers in New Hampshire is only something to be worried about at night. The truth is that intoxicated drivers can be present on our state’s roads at all hours of the day and night. A recent fatal accident involving a Massachusetts woman driving a BMW who struck and killed a motorcyclist in broad daylight appears to be alcohol-related, as the New Hampshire State Police recently announced DUI charges against the driver of the BMW.

According to a Boston-area news report discussing the accident, the woman driving the BMW failed to yield the right of way to the motorcyclist at an intersection and struck the man with her vehicle. Police and a fire department crew responded to the scene of the accident, and the motorcyclist was rushed to a nearby hospital, where he was pronounced dead as a result of the trauma suffered in the crash. The driver of the BMW, who also had a minor in her car at the time of the crash, was arrested and charged with DUI and child endangerment crimes.

Driving under the influence of alcohol or other intoxicating drugs is a serious offense, and it puts the intoxicated driver, their passengers, and other motorists in real danger. Pedestrians, bicyclists, and motorcyclists are placed in even more danger by the nature of their vehicles. The criminal penalties for drunk driving in New Hampshire can be quite severe, especially for aggravated or subsequent offenses. Criminal punishment is not always enough to compensate an accident victim for their loss. New Hampshire drivers who choose to operate their vehicles while intoxicated open themselves up to serious civil liability in the event that they hurt someone in a crash.

When you are involved in a car accident, it can be a devasting and stressful time. On top of navigating any medical concerns caused by the accident, one may also find themselves navigating complex personal injury suits. Once a car accident occurs, it becomes important for those injured to gather evidence to prove what caused the accident and to prove what injuries resulted. Obtaining substantial evidence can help build a strong case, but can also present challenges.

For example, according to a recent news report, a motorcycle accident occurred this month In New Hampshire at the intersection of Concord Street near Courtland Street at about 8:15 a.m. An ambulance responded to a motorcycle down in the roadway and found an unresponsive man receiving treatment from bystanders. The male had serious injuries and was transported by ambulance to Southern NH Medical Center, before being transported by a helicopter to another hospital. The accident led to police officers shutting down Concord Street. In addition to the motorcycle found in the roadway, the area included a pick-up truck that had damage on the driver’s side. No one else was injured in the accident, but no further information has been shared by the Nashua police as they continue the investigation.

In civil lawsuits, the burden of proof of obtaining evidence falls on the plaintiff, or the person seeking damages. In other words, the person injured must provide evidence to establish that the other driver caused the car accident and as a result, the plaintiff suffered an injury. Evidence can range from medical records, photographs of the injury or from the scene of the accident, eyewitness testimony, or other forms.

A man who suffered serious injuries following the harrowing 2019 New Hampshire motorcycle crash filed a lawsuit against the Massachusetts Registrar of Motor Vehicles (RMV). The pickup truck driver pleaded not guilty to criminal charges of negligent homicide, manslaughter, and driving under the influence. The driver admitted that he was suffering from a drug problem and regularly used heroin and cocaine; however, he denied impairment at the time of the accident. However, toxicology revealed that the driver had fentanyl, morphine, and a chemical commonly found in cocaine, in his system. The crash took the lives of seven motorcyclists when the pickup truck driver drifted across the double yellow line and slammed into the lead motorcyclist.

The National Transportation Safety Board (NTSB) investigation points to several individual and systemic failures in the deadly crash. In addition to the driver’s impairment, the report also blamed Massachusetts for permitting the driver to continue driving, despite a lengthy history of serious traffic violations. The NTSB chairman stated that a series of avoidable failures contributed to the incident.

The Chairman stated that the collision was a preventable event that involved multiple contributing factors such as driver impairment, employer negligence, and DMV recordkeeping failure. Accident reconstructionists found that the driver, whose license was suspended in Connecticut, most likely drifted lanes due to his impairment. Moreover, the NTSB points to the driver’s employer, finding that they failed to conduct a federally-mandated background check on him. Further, an investigation revealed that the company routinely altered driver logs. Finally, court documents establish that the Massachusetts RMV failed to process a notice Connecticut sent indicating that the state suspended the pickup truck driver’s license.

Motorcycles are inherently dangerous mechanisms that provide operators and passengers with little protection during an accident. New Hampshire motorcycle passengers who suffer injuries in a motorcycle accident may have a claim for damages against the at-fault party. The at-fault party may include another driver, the motorcycle operator, or the manufacturing of any defective equipment that contributed to the accident. The outcome of these cases depends on the unique circumstances that led to the accident. These cases require a detailed and comprehensive understanding of complex New Hampshire personal injury laws. It is essential that accident victims consult with an attorney to determine their rights and remedies.

In cases where the motorcycle was the only vehicle involved in a collision, the victim’s claim will likely be against the motorcycle driver. The victim must be able to establish liability and damages. These cases usually stem from the motorcycle operator negligently colliding into something or the motorcycle crashing because of defective equipment. Typically cases involving a motorcycle crashing into a static object involve some element of negligence. For example, New Hampshire news reports recently described a tragic motorcycle accident. Police stated that when they arrived at the scene, they found that a motorcycle had collided with an empty, parked car. Emergency responders transported the motorcycle driver to a local hospital; however, the passenger died at the accident scene. Law enforcement is urging the public to come forward with any information regarding the incident.

Passengers involved in a two-vehicle accident may file a claim against the other vehicle’s driver and the motorcyclist. It is important that victims understand that an accident can occur even when there is no impact between the two vehicles. For instance, if, for example, a car dangerously cuts off a motorcycle during heavy traffic and causes the bike to wipe out, the driver of the car may be liable to the bike’s operator and passenger for any injuries they experience.

Motorcycling is a popular and therapeutic activity for many people across the United States. Unfortunately, bikers are often portrayed as aggressive and unsafe motorists. However, many will attest to the importance of operating their bikes safely. New Hampshire motorcyclists who suffer injuries in an accident frequently face an uphill battle trying to recover damages. In combination with compelling arguments, these cases require an in-depth understanding of complex statutory and procedural rules.

According to the New Hampshire Department of Transportation and Centers for Disease Control, motorcyclists are over 25 times more likely to suffer a fatal injury than a car occupant. There are many causes for New Hampshire motorcycle accidents; however, a significant number of these occur because of a negligent car or truck driver. Motorists often fail to check their mirrors before switching lanes or exiting a highway. These failures put motorcyclists in a vulnerable and life-threatening position.

For example, recent news reports described the tragic death of a New Hampshire motorcyclist. An initial investigation revealed that a Prius driver was attempting to make a left turn in front of the motorcyclist approaching from the other direction. The woman slammed into the motorcyclist, causing him to suffer serious injuries. Bystanders attempted to render aid while awaiting emergency personnel; however, sadly, the biker later died from his injuries. Police indicated that the biker was wearing a helmet at the time of the incident.

Many parties may be responsible for a victim’s injuries and damages after a New Hampshire trucking accident. Injury victims often seek compensation through an insurance company or a personal injury lawsuit. Accidents involving trucks are complicated because injuries are usually more severe, and there is typically more than one responsible party. These accidents are more complex than collisions involving two cars and require an in-depth investigation.

In cases involving two vehicles, injury victims can pursue a claim against the driver, the car owner, or the driver’s employer if they were operating the vehicle as part of their employment. After a trucking accident, the victim may file a claim against the negligent truck driver, their employer, the trucking company, or the truck’s manufacturer. A driver may be directly responsible for their negligent actions, such as speeding, impairment, or distraction. A driver’s employer may be liable under vicarious liability or their direct negligence. Similarly, a truck’s manufacturer may be responsible for a truck’s defects that contributed to the accident.

Vicarious liability is a theory that holds employers responsible for their employees’ actions. Vicarious liability is only applicable if a plaintiff can establish certain elements that prove that the negligent driver was an employee acting within their employment scope when the accident occurred. Trucking companies often find loopholes to avoid potential liability by classifying their workers as independent contractors instead of employees. Further, there are many affirmative defenses that truck companies purport to avoid liability. However, vicarious liability claims against a trucking company can significantly impact a victim’s recovery because most companies maintain sizeable commercial insurance policies.

Attorneys play a vital role during New Hampshire personal injury lawsuits. Civil litigators, ordinarily known as personal injury attorneys, represent clients who have suffered injuries because of another’s negligence or carelessness. These attorneys handle New Hampshire claims stemming from catastrophic accidents, slip-and-falls, medical malpractice, nursing home negligence, and other incidents that result in economic and non-economic damages. In many instances, personal injury cases are complex and require a thorough understanding of nuanced tort law. Personal injury attorneys provide critical assistance to those individuals seeking compensation for their injuries.

The professional rules of conduct provide attorneys with ethical rules they must abide by in representing their clients. These rules serve as a foundation to ensure that the attorneys provide their clients with the best possible representation. Additionally, these rules shape an attorney’s role and define their obligations. The most important rule is that attorneys must maintain a commitment to protect their client’s interests.

Commitment to a client includes taking steps to interview the client, reviewing records, interviewing witnesses, investigating the scene of the accident, reviewing applicable rules of law, and representing the client in settlement negotiations and potential litigation. In some cases, especially those involving multiple parties, settlement negotiations and litigation can become a long and drawn-out process. Dedicated attorneys can provide clients with assistance throughout every step of the process.

The Centers for Disease Control (CDC) reports that motorcycles accidents continue to rise throughout the country and in New Hampshire. Naturally, a rise in motorcyclists on the road has resulted in an increased rate of motorcycle accidents. Under New Hampshire law, motorcyclists who cause injuries to other motorists, passengers, or pedestrians, along with those who cause injuries to motorcyclists may be held liable for their negligence. Negligent parties may be responsible for injury victims’ medical bills, lost wages and benefits, property damage, and ongoing pain and suffering.

Cars and trucks are typically equipped with airbags, seat belts, and other safety features, but motorcycles do not have all of these safety features. The lack of protective features often causes motorcyclists to suffer serious injuries or death after an accident. CDC data reveals that statistics show that motorcyclists tend to sustain injuries to their legs, head, upper torso, and arms, despite using approved helmets and thick leather clothing. These injuries often coincide with traumatic brain injuries, concussions, and spinal cord injuries. Even with prompt treatment and aggressive therapy, many motorcyclists face life-long debilitating conditions that may impact their ability to work or maintain relationships.

Further, because of the nature of these accidents, police often encounter challenges when trying to recreate the scene of the accident and determine liability. In many cases, motorcycles and their riders are thrown into a position that makes it challenging to determine what caused the accident. Additionally, there is often a bias toward motorcyclists that can impact insurance payouts. However, a person’s choice of a vehicle does not reduce another person’s standard of care towards them, nor does it reduce a biker’s right to compensation.

New Hampshire motorcyclists are at a heightened risk of being involved and suffering serious injuries in an accident. According to the New Hampshire Department of Transportation, there are over 1,000 motorcycle accidents every year. Additionally, research by the National Highway Traffic Safety Administration suggests that motorcyclists are over 25 times more likely to die in an accident than car drivers or occupants. These startling statistics exemplify the serious consequences of a motorcycle accident.

For example, recently, a New Hampshire news report described a deadly motorcycle accident involving a delivery truck. According to police, a UPS truck driver was leaving a driveway when a motorcycle lost control of his bike and slammed into the truck. The motorcyclist did not suffer serious injuries, but his passenger died. Police are still conducting an investigation, but preliminary evidence suggests that speed may have been a contributing factor.

Although some motorcycle accidents involve a negligent biker, more collisions are the result of the other driver’s negligence. These accidents can result in severe injuries to motorcyclists. In fact, after an accident, many bikers suffer traumatic brain injuries, bone fractures, spinal cord injuries, neck injuries, and lacerations. Although New Hampshire law allows injured bikers to file claims against negligent parties, these motorcyclists often face difficulties when trying to recover.

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