1641dcb0f013f05c818a27a6ad09b76b
1641dcb0f013f05c818a27a6ad09b76b

Isn’t it wonderful that fall has finally arrived? With cooler air and beautiful, sunny days here finally, many of us are opting to get out our bicycles and head out for a ride after work or on the weekends. This is a great way to spend healthy time with friends and/or family.  Bicycle safety is a main concern for these rides as a report released last year by the Centers for Disease Control and Prevention finds that Florida has the highest rate of bicycling deaths of any state in the nation, 0.57 per 100,000 people, more than double the nationwide rate of 0.23 per 100,000.

HOW BIG IS THE PROBLEM?

Deaths and Injuries

In 2013 in the U.S., over 900 bicyclists were killed and there were an estimated 494,000 emergency department visits due to bicycle-related injuries.

Cost

Data from 2010 show fatal and non-fatal crash-related injuries to bicyclists resulted in lifetime medical costs and productivity losses of $10 billion.

  • You always need a helmet wherever you ride. You can expect to crash in your next 4,500 miles of riding, or maybe much sooner than that!
  • Even a low-speed fall on a bicycle trail can scramble your brains.
  • Laws in 22 states and at least 201 localities require helmets, although few cover adults.
  • Make sure your helmet fits to get all the protection you are paying for. A good fit means level on your head, touching all around, comfortably snug but not tight. The helmet should not move more than about an inch in any direction, and must not pull off no matter how hard you try.
  • Rear stabilizers do not substitute for careful strap adjustment.
  • Pick white or a bright color for visibility.
  • Common sense tells you to avoid a helmet with snag points sticking out, a squared-off shell, inadequate vents, excessive vents, an extreme “aero” shape, dark colors, thin straps, complicated adjustments or a rigid visor that could snag or shatter in a fall.
  • Consumer Reports has some brand recommendations here.

So, get out that dusty bike and polish it up!  Grasp life by the handlebars! Because four wheels move the body, two wheels move the soul. And thank you for not driving (in the bike lane).

Stay safe out there friends,

YOUR #accidentattorney, Marianne

asheville
asheville

Heading out for a trip to see the fall foliage? Make sure that you check out the condition of your tires before you leave.  For many drivers, there is nothing more frightening or potentially dangerous than a tire blowout at almost any speed. While the number of tire-related crashes has dropped dramatically since 2008, when all new vehicles were required to have automatic tire pressure monitoring systems, these numbers still remain high. The stats do not lie, as tire blowouts and flats result in nearly 11,000 collisions and 200 fatalities each year.[1]

With all the advances in safety standards and technology, why are tire blowouts still such a significant safety issue? According to Traveler’s Insurance, one reason may be that since blowouts are now a rarer occurrence, when they do happen, drivers are less prepared to handle them and react properly. When a tire blows out, it can take about ¼ second before your ride suddenly becomes a struggle to avoid an auto accident. How you react can make all the difference in how the situation resolves itself. The first step is staying calm and in control of your vehicle.

What Does a Tire Blowout Sound Like?

Expect to hear three key sounds that may vary depending on your specific situation. First, you may hear a loud boom or bang of the tire popping reverberating through your car. You may then hear a whooshing sound or the sound of the air quickly escaping from the tire, and finally, a repeated flapping or flopping of the deflated tire hitting the road.

What Does a Tire Blowout Feel Like?

When a tire explodes at speed, first you will feel the vehicle slow down, then it will pull strongly to the left or right depending on which tire burst.[2] If it was a front tire that burst, you will feel the force mostly within the steering of your vehicle. With a rear tire, you will feel it more in the seat or body of the car. Whether the blowout occurred in the front or back, your response should be the same in either situation.

How to Drive Through a Tire Blowout

According to the National Safety Council and other safety experts, there are some important tips and best practices to remember if you experience a tire blowout.

  • Keep a firm grip on the steering wheel.
  • Do not slam on the brakes.
  • Let your car slow down gradually.
  • Pull to the side of the road once you have slowed to a safe speed.
  • Activate your emergency flashers.[3]

What to Do After a Tire Blowout

After a blowout, only exit your vehicle if you are certain you are safely off the road and out of harm’s way. Turn your emergency flashers on to alert other drivers, and put out reflective cones or triangles if you have them. If it is not safe to change the tire where you are, or you are unsure how, call for roadside assistance.

Also keep in mind that a spare is only recommended for emergencies and should not be driven for long distances or at high speeds. Take the time to read your owner’s manual to learn where your spare tire and necessary tools are located. Your manual may also provide instructions on how to change a flat tire. It is a good idea to be familiar with these procedures before you get stuck on the side of the road.

How to Prevent a Tire Blowout

The good news is that many tire blowouts are preventable with the proper effort and attention. Most occur from May through October when the road surface is the hottest, resulting from an underinflated tire, excessively worn treads, or an overloaded vehicle. A simple, routine inspection of your tires to check for slow leaks, wear and tear, and proper pressure is important. Keeping your load light, within your vehicle manufacturer’s recommendations (found in the same spot as the recommended tire pressure), can help too.[4] 

So head on out for a great fall adventure, and stay safe out there friends!

YOUR #accidentattorney,

Marianne Howanitz

[1] http://www.safercar.gov/tires/index.html
[2] http://www.ntb.com/tires/Tire-Blowout-Education.j

[3] http://www.nsc.org/news_resources/Resources/Pages/WhattoDoIfYouHaveaBlowoutontheHighway.aspx
[4] http://www.popularmechanics.com/cars/how-to/repair/why-blowouts-happen-and-how-to-avoid-them-15832078

 

women-motorcycles-jeans-brunettes
women-motorcycles-jeans-brunettes

So, how do motorcycle insurers come up with their rates, anyway?

Believe it or not, they base their premiums on sound statistical data that helps them determine the likelihood of you filing a claim (and costing them money). Insurance companies consider a number of factors, including:

  • Age
  • Gender
  • Location
  • Vehicle type
  • Marital status
  • Accident history
  • Driving record (moving violations)
  • Annual mileage
  • Credit score

In general, those who are younger than 25, female, married, live in a rural location, don’t ride much, drive a safe but inexpensive bike, and have a clean driving history and great credit are treated to the best rates.

Motorcycles are fun and fuel efficient. That’s not news to anyone who’s ridden one. But neither is the fact that they’re also way more dangerous than a car. The cold reality is that motorcyclists are 30 times more likely to die in a crash than people in a car, according to the Insurance Institute for Highway Safety (IIHS). And nearly half of all motorcycle deaths are the result of single-vehicle crashes.

The numbers are even scarier for older riders, who are increasingly taking up or returning to motorcycling after many years. Because of slower reflexes, weaker eyesight, more brittle bones, and other disadvantages, riders over 60 years old are three times more likely to be hospitalized after a crash than younger ones.

Still, many enthusiasts enjoy a lifetime of riding without injury. The key to optimizing your odds is to be prepared and avoid risks. Keep in mind that 48 percent of fatalities in 2010 involved speeding, according to the IIHS, and alcohol was a factor in 42 percent. Eliminate those factors and you’ve dramatically reduced your risk and hopefully, your rates.

Be safe out there friends!

po
po

It seems everyone is joining in on the recent Pokemon Go craze. The game, which is as close to a real life adaptation of the Pokemon world as anyone could hope for, is played outside using your phone to track down Pokemon and battle other members of the community for ownership of Pokemon gyms. This has sparked a cultural phenomenon bordering on obsession.

The negatives of the game are a little scary, however, and I’ve noticed some bad habits which include people not being aware of their surroundings as they play, despite the game explicitly warning you to do so, people driving while playing, and in some instances bad people using the game to lure in unsuspecting patrons to rob them or worse.

Some lawyers say Pokemon Go, an “augmented reality” game, raises legal issues and public safety concerns. Alabama lawyer Keith Lee, writing at his Associate’s Mind blog, says his legal questions include:

Does placing a Pokemon character on a private property, without permission, affect the owner’s interest in exclusive possession of the property? Does it create an attractive nuisance? Does owning real property extend property rights to intellectual property elements that are placed on it? Is there liability for placing the characters on private property or in dangerous locations?

Michigan lawyer Brian Wassom raises other legal issues in a post for the Hollywood Reporter’s THR, Esq. blog. Augmented reality games can lead to competition for the use of the same physical spaces, disrupting the ability of players and non-players to enjoy the place, and possibly leading to violence, he says. Could government limit the players in a public space? Would that bring a First Amendment challenge?

Wassom also sees a risk of injury for players who are “wandering through the physical world while staring through a phone screen.” New York lawyer Peter Pullano makes a similar point in an interview with 13WHAM in which he raises the possibility of distractions for drivers. “Even though you may be looking for your Pikachu while you’re driving, that’s not going to impress your officer,” Pullano said.

LawNewz points out that the game’s terms of service disclaim liability for property damage, personal injury or death while playing the game, as well as claims based on violation of any other applicable law. The game also has a notice that generally requires arbitration of disputes.

My #1 Tip For Staying Safe While Playing Pokemon Go: DO NOT PLAY WHILE DRIVING!!!

This is as dangerous, if not more dangerous than texting and driving. Again, I don’t want you to end up in a car accident because you do a U-Turn and jump over a median to catch a Pidgeotto.  I promise you there will be another chance to catch one that doesn’t involve you risking you being in an accident.

Stay safe out there friends!!

YOUR #ocalaaccidentandinjurylawyer, Marianne Howanitz