Reasons for Louisiana’s increase may include the brief absence of a motorcycle safety program offered by the state. An estimated 2000 people took the course when offered by the Department of Education. Other reasons include a longer riding season than states with harsher seasonal weather and a higher number of alcohol-related motorcycle deaths.

Motorist also have to keep a vigilant outlook for the much smaller motorcycle. Increased awareness of approaching motorcycles and the elimination of distractions such as text messaging and cell phone will help the driver of a car visualize the motorcycle before it is too late to avoid a crash.

Clearly the economy played a large role in the decline of motorcycle deaths in 2009. A study by the National Governors Conference cautions against putting too much stock in the national decrease as there is much more work that needs to be done to improve motorcycle safety.

The State of Louisiana suspended its motorcycle-safety program, the Motorcycle Safety Awareness and Operator Training Course, for the last six months of 2009 for budgetary reasons. An estimated 2,000 people per year took the course offered by the Department of Education. Louisiana law does not require any special motorcycle endorsement for a driver’s license. Louisiana traditionally ranks higher in the number of alcohol-related motorcycle crash deaths compared to the rest of the country. With only a helmet and leather to protect them from injury, motorcyclists are generally considered more vulnerable in crash studies.

The Federal Motor Carrier Safety Administration has reacted to the GAO report by putting in place new oversight measures, computer matching processes, new safety audit regulations and stricter compliance follow up. Paying for the needed computer upgrades will only come from a proposed $500 billion highway safety reorganization bill which has been held up by the Obama administration for a review of costs.

In the current economy and amid the national debate over costs of health care reform and rising deficits, passage of that bill seems unlikely. Unfortunately for us that means any bus or 18 wheeler we meet on the road could be the one being operated by unsafe and unscrupulous motor carrier operators.

This common sense law originally passed based on factual data proving it saves lives, reduces catastrophic injuries and saves motorcycle riders from unobservant drivers…and for those who want to ride helmetless…ultimately themselves. This might be framed as a “freedom of choice” issue but for the fact that the consequences of crashes involving unhelmeted victims taxes us all in higher insurance rates and medical costs.

Borrowing from the Jane Austen novel, “Sense and Sensibility” would be an apt description of the actions of the Senate committee.

1.       Stay calm and access yourself for injury.

2.       Take photographs with your cell phone or camera – of the scene, skid mark, debris on the roadway, damage to your vehicle and the at-fault vehicle and your injuries.

3.       Contact law enforcement.

4.       Have the police officer provide you with the insurance information of the at-fault vehicle.

5.       Obtain witnesses name, phone number, and address.

6.       Go to the hospital or your doctor and get checked out. Have an ambulance take you if necessary.   Many times, the next day is when people notice injuries following a collision.  Follow up with medical care.

If you have questions or need information, you should contact an experienced personal injury lawyer.  Many offer a free consultation for any auto, 18- wheeler, bus or motorcycle collision, causing injury or wrongful death.

It is not an uncommon occurrence for an 18 wheeler to pull out in front of a vehicle that has the right of way.  I assume these 18 wheeler drivers believe that they are so large that the passenger vehicle should stop or suffer the consequences.  When a trucking company’s driver is negligent, a large lawsuit verdict should get their attention to institute and maintain safe driving and preventable accident techniques to the company drivers.

The “No Pay, No Play” law prohibits uninsured motorist from collecting the first $10,0000 in property damage and the first $10,000 in personal injury damages regardless of fault. Motorist who fail to provide proof of insurance are subject to having their vehicle impounded at their expense. They may also have their license plate pulled and be required to provide proof of insurance within 3 days. If they do not  provide proof and are stopped again then they will be fined and charged a reinstatement fee.

Every driver and owner needs to be responsible and carry the mandatory liability insurance. It is also a good idea to carry uninsured motorist coverage.

According to a recent study 12.3% of Louisiana’s drivers are uninsured and that will certainly increase as the economy sours. Louisiana law provides that all drivers be afforded the opportunity to purchase uninsured motorist coverage. It is affordable and comes with your policy unless you specifically reject it.

It has been reported that consumers around the nation are cutting insurance cost or dropping policies entirely in an effort to cut back on expenses.  On automobile policies, many insurance customers are reducing coverage limits to save money.  Many times policies are canceled for non payment of premiums.  The percentage of uninsured and underinsured motorists is expected to rise in these difficult economic times.

A motorist can protect themselves by making certain their own insurance policy provides UM (uninsured/underinsured) coverage.  In Louisiana, UM coverage is automatic and provided by statute unless validly rejected.  Many times I hear people say they have “full coverage” when asked whether their policy has UM coverage only to discover there is no UM coverage.  Every driver who wants to protect himself against an uninsured or underinsured driver which causes an accident, should check their insurance policy to make certain their policy provides UM coverage.

With the price of medical treatment and automobiles escalating, most states have raised their minimum requirements.  In 2007, the Louisiana legislatures passed a bill that would increase the bodily injury minimum to $25,000 for one person, $50,000 for two or more persons, and $25,000 for property damage, only to have it vetoed by then Governor, Kathleen Blanco.  In 2008, the state legislatures again voted to increase the minimal limits.  This time a compromise was approved with  the new limits of 15/30/15, which will become effective January 1, 2010.  Louisiana still lags behind other states in their minimum coverage requirements.  In a recent study by an Insurance Research Council, 12.3% of Louisiana motorists are not insured.  With the present state of the economy, this will surely increase.  To protect yourself and others in your vehicle, it is recommended that you also carry uninsured motorist (UM) coverage.  This will provide coverage if the person causing the accident is uninsured, and also will provide coverage in the event the person at fault only has minimal limits, and your damages are greater than the available policy limits.  I urge our state  legislators to continue to try and increase the minimum limits to compensate innocent victims of accidents.  At the very least, our limits should be more in line with our neighboring states and continue to increase to keep up with the cost of health care.

The victim, who died at the scene, was traveling eastbound on LA 19 in Helena Parish when the tractor-trailer crossed the middle line and struck his cycle.  The driver of the 18-wheeler escaped uninjured.

I have successfully represented clients in injury and death claims against large trucks and tractor trailers over the past 17 years. This type of prosecution is necessary to get truckers’ attention. Too often tragedy strikes innocent victims and their families as a result of negligence by operators of these behemoth vehicles.  Truckers need to know that their negligence has real consequences.

Government officials as protectors of the people must strike back to fight negligence rolling down hill on America’s highways.  I commend the swift and just actions of our leaders in prosecuting drivers whose carelessness results in horrible injuries and death.  Keep up the good work.

Stay Safe Out There!
Wes Gralapp