Omaha Personal Injury Lawyer - Motorcycle Accidents

Motorcycle Accident Takes Life of Omaha Rider

Sarah Cool — Sun, 10 May 2009 21:47:19 GMT

The Omaha World Herald reported last week on the unfortunate death of David Splittgerber, a resident of Omaha. Just twenty-three, David was riding his motorcycle northbound on Interstate 29 in Council Bluffs when he lost control of his bike. David was riding a 2007 Harley Davidson, and authorities have suggested that he may have been struck by a second motorcycle shortly after his own started sliding down the road. The second motorcycle was manned by David’s brother, Andrew. Andrew’s motorcycle landed about 100 feet from his brother’s. The Iowa State Patrol, who responded to the accident, inferred a chain of events that David and Andrew’s father has since called into question. Gene Splittgerber objected to the state patrol’s suggestion Andrew and his bike were the cause of David’s death. Gene remarked that “even the doctor said David had to have hit an immovable object to cause the internal injuries he had.” Andrew doesn’t recall hitting his brother’s bike or his brother, and the damage to David’s bike seems to suggest David did, in fact, hit an immovable object (i.e. not Andrew or his bike). Some news agencies are reporting the state patrol’s opinions about the event, despite their contradicting Andrew’s. One can only imagine that the questions surrounding the accident, and this kind of coverage, only deepens the sense of loss and tragedy for David’s family.

A successful and respected scholar with a degree in civil engineering, David was one of five children. He loved woodworking and rebuilding car engines. Our thoughts and condolences go out to his family, especially in light of the attention and inattention paid to this story. It is this writer’s opinion that each of the news stories covering David’s accident should have been carefully written to avoid the unsupported conclusion that Andrew was somehow culpable in David’s death. While this is in no way a solicitation for legal services, the Splittgerber family should know that Andrew may have a claim for defamation based on the stories about his involvement. Additionally, it is important for the family to know that a claim against the insurance policy issued for David and his bike may be possible, despite the fact that no other drivers were involved. If you knew David, the Splittgerbers, or simply wish to extend your condolences and warm wishes to the family, messages can be left in a legacy book for David at http://www.legacy.com/gb2/default.aspx?bookid=6240714548574&cid=view.

Originally posted at InjuryBoard by Sarah Cool

Careful Not to Cross the Line (or Lane)! Knowing Lane Rules for Motorcyclists Increases Safety

Sarah Cool — Sat, 11 Apr 2009 07:03:03 GMT

To become licensed to drive a motorcycle in Nebraska, both written and driving tests are required. Riders must fulfill all the requirements, including motorcycle skills tests at local testing centers and demonstrating knowledge of the Nebraska motorcycle operating manual. But it is also the responsibility of all riders to recall the rules of the road and follow them carefully. If you’re a new motorcycle rider, or perhaps an experienced rider who needs a refresher on riding rules, you may not remember some of the laws regarding lane usage by motorcycles. Those of us that have driven primarily cars and trucks, or other similar vehicles, have seen it a number of times – motorcycle riders zipping through a traffic jam, weaving with ease and confidence through lanes and lanes of backed up cars. Driving this way is called “lane splitting,” and it is prohibited by Nebraska’s traffic law. Nebraska section 60-6308 specifically prohibits operation of a motorcycle “between lanes of traffic or between adjacent lines or rows of vehicles.” This means that weaving between the lanes can get the rider a ticket – or worse, cause a rider who is injured when between lanes of traffic to be at fault if an accident is caused by a car moving in or out of a lane. This can occur because Nebraska recognizes contributory negligence, meaning that if a rider is partially at fault for an accident when he or she is moving between lanes of traffic or between adjacent lines of row of vehicles, then his or her damages from an accident can be reduced to reflect that the rider was partially responsible. Lane splitting can be especially dangerous for riders when drivers of cars and other vehicles aren’t paying careful attention to the road and aren’t expecting motorcycles to be present between the lanes.

In order to protect yourself on the road and in case of an accident, it is important as a motorcyclist to use the lanes properly. Although it can be especially tempting in a traffic jam, do not engage in “lane splitting.” and know the requirements of Nebraska’s law for motorcyclists. It may also be helpful to note that only two riders should be side-by-side in a lane at a time. For more on the safety and legal requirements for Nebraska’s motorcyclists, a brief and helpful overview can be found here, courtesy of American Motorcyclist.

Originally posted at InjuryBoard by Sarah Cool

A Sad Ending to a Motorcycle Ride

John Inserra — Wed, 18 Jun 2008 12:18:57 GMT

Two people were killed in Lincoln Nebraska when they were hit by a drunk driver while on a motorcycle. More proof that drinking and driving don't mix.

Originally posted at InjuryBoard by John Inserra

Motorcycle Information by the Highway Safety Department of Nebraska

John Inserra — Mon, 21 Apr 2008 11:15:28 GMT

If you have a motorcycle or are interested in buying a motorcycle, you should look at the Nebraska Department of Motor Vehicles Highway Safety Division website on motorcycles. The site covers the Nebraska Law on motorcycle licensing, safety programs and accident statistics. Good information and good reasons to always wear a helmet when riding a motorcycle.

Originally posted at InjuryBoard by John Inserra

May Designated National Motorcycle Safety Awareness Month

Craig Kelley — Wed, 16 Apr 2008 15:23:49 GMT

The National Highway Traffic Safety Administration (NHTSA) has designated May, 2008, as NAtional Motorcycle Safety Awareness Month. Tne NHTSA has also developed a Motorcycle Safety Awareness Month Planner for 2008 that includes marketing ideas and earned media tools that you can use to support your Motorcycle Safety Awareness Month initiatives.

The materials all carry the tagline, "Share the Road with Motorcycles" to remind drivers to be cognizant of motorcycle riders at all times including the busier riding season. This tagline is similar to that being used in many states for 2008. The planner also includes information to remind motorcyclists that they must always follow the rules of the road, be alert to other drivers, and should always wear protective gear.

The 2008 Motorcycle Safety Awareness Month Planner can be found on NHTSA’s Web site. Visit the site today and do your share to help increase awareness of motorcycles on our roads!

And Remember, if you are a new rider, or have recently switched to a larger and different style of motorcycle, take a Motorcyle Safety Foundation-approved Rider Course to make sure that you will be safe for 2008 and beyond

Originally posted at InjuryBoard by Craig Kelley

Nebraska Rejects Anti Helmet Law

John Inserra — Wed, 16 Jan 2008 16:59:31 GMT

The Nebraska unicameral legislature rejected by a vote of 25-23 a bill which would have allowed people age 21 and older to ride motorcycles and go without helmets as long as they wore eye protection and had taken a safety course.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by John Inserra

Motorcycle Safety Course in Nebraska

John Inserra — Tue, 06 Jun 2006 09:57:24 GMT

As we enter the hot summer months, more and more people are buying motorcycles. The first thing on your agenda should be registration in the Motorcycle Safety Class. Motorcycle 101 is a course for the rider who has never been on a motorcycle; while the Basic Rider Course is for new to semi-experienced riders. After years of steady decline in the number of motorcycle accidents, the trend has reversed as more people are taking up motorcycling. According to the National Highway Traffic Safety Administration, the number of motorcyclist fatalities was up 10 percent in 2003, and, the trend is continuing.

Originally posted at InjuryBoard by John Inserra

Tommy Craft Memorial Fund Charity Ride

John Inserra — Fri, 12 May 2006 08:35:18 GMT

A young person was about to turn seventeen years of age when he was senselessly
gunned down in June of 1998. On Father's Day, four days after he was shot, he died. His name was Tommy Craft and thanks to his love of skating and those who loved him , a memorial fund was created with its motto: "skate don't hate." The Tommy Craft Memorial Fund organization has been around for several years and has raised hundreds of thousands of dollars for great causes like the Hope Center and the Cancer Society. Motorcycle enthusiasts join us on Monday May 29 2006, for Willy's Birthday Bash. A rally for fun with all the proceeds going to the Tommy Craft Memorial Fund.

Originally posted at InjuryBoard by John Inserra

State Motorcycle Law Summary

John Inserra — Wed, 03 May 2006 15:35:37 GMT

Each state has its own peculiar set of motorcycle laws. In my neighborhood it is time to ride in the Loess Hills of Iowa, the Black Hills of South Dakota, the Ozarks in Missouri, and the Nebraska byways. A summary of state laws can help you know what your are required to do as you pass over state borders. I hope this helps wherever you choose to ride.

Originally posted at InjuryBoard by John Inserra

Pastor Killed in Motorcycle Accident

John Inserra — Thu, 27 Apr 2006 14:44:14 GMT

A Connecticut minister was killed in a motorcycle accident recently when the Harley Davidson he was riding was rear-ended by another vehicle. Reverend John Schettenhelm was stopped and preparing to turn into his driveway when a Volvo driven by Stephen Maier struck him from behind.

Christine at TheThinking Mother is an acquaintance of Schettenhelm's wife and is familiar with the road on which he was killed:

The road that they live on (where the church is), is a state road with a speed limit of 40 or 45 miles per hour. Despite that, drivers routinely drive over 50 and sometimes over 60 miles per hour. I know this because when I drive near the speed limit on that road, they tailgate me in acts of road rage (they did it when I lived there and they still do it now when I am in that town). I used to live Â¼ mile from this road, and less than 1 mile away from where this family lived. Due to the dangerous road, I didn't walk or ride my bike on it. Occasionally the police do speed traps on the road, but it is not very effective, in my opinion.

Christine tells the story of meeting Schettenhelm's wife and offers heartfelt condolences to the family. She also provides links to other news stories about the accident.

Originally posted at InjuryBoard by John Inserra