"How Not To Split Lanes in a Motorcycle Case" was a presentation given by Aimee Kirby from the Dolan Law Firm at the 52nd Annual CAOC Convention in San Francisco & the CAALA Convention in Las Vegas. Aimee goes into detail about the in's and outs of a motorcycle case. The presentation goes from what the average person's perception of a motorcyclist is, cuts through those perceptions and gives useful tips and tricks for winning your case. Watch this video that interviews 4 random San Franciscans about their view on motorcycles: http://youtu.be/DfbEFYjKVEs

1. How Not to Split
Lanes in a
Motorcycle Case
Aimee Kirby

2. The next 20 minutes….
Battling stereotypes
Upsides to motorcycle cases
Brain buckets (helmets)
Booze and Drugs!
Human Factors – eyeballs, hands and feet
Accident Reconstruction – a motorcycle is not
a car

3. What are common stereotypes
about motorcyclists?
1. They ALL lane-split, speed or
break rules.
2. They have a higher duty of care.
3. They are gang members and do
drugs or abuse alcohol.
4. They get what‟s comin‟ to „em!

4. The great upsides of
motorcycle cases
1. Nearly all are catastrophic injury
cases.
2. It is very easy to get policy
limits, even if liability is in dispute.
3. Most of your clients will be
good, salt-of-the-earth
people, with military backgrounds.

5. What is a helmet?
• Shell
• Fiberglass, polycarbonate,
ABS plastic, carbon fiber
• Energy absorbing liner
• polystyrene, polyurethane
• Comfort liner
• low-density foam
• Strap
• webbing and clasp

6. Brain Buckets
HELMETS: NOVELTY
Often sold at motorcycle
shows and online, and
do not comply with
Federal Motor Vehicle
Safety Standards (FMVSS)
VS
DOT, SNELL/ANSI
Meet FMVSS
1. Thick Inner Liner
2. Sturdy Chin Strap
3. Weight of Helmet
4. Design/Style of Helmet
SNELL/ANSI
1. DOT + plus private standards

7. Wonderful stickers you find on
helmets (Evid 352 motion)

8. Counterfeit DOT Labels
DOT stickers bought online
Homemade DOT stickers

9. Beanie Helmet
Warning Labels

10. Beanie vs. Full-face

11. Coverage and Components
Fiberglass
shell
Comfort liner
Energy
absorbing
liner
Comfort liner

12. Cross Section
Beanie
Full-face

13. Helmet: Regarding Injury Causation
1. Most of the time the helmets are gone, so no
issue.
2. If it still exists, have it examined by an
expert, whether it has dot sticker or not.
(Sometimes stickers are removed or are worn
off.)
3. Have an expert opine whether the helmet (or
better helmet) would have made a difference
given speed and direction of impact. (Weigh
dropping mild brain cases if strong ortho, etc.)

14. Booze and Drugs
1. Many clients with prior military services, will
have battled with prior drug and alcohol
problems, which may be a problem with
psych claims, life expectancy, and future
managed care.
1. Almost half of the fatality accidents involving
motorcycles involved alcohol.
(USC & NHTSA, 2006)
3. Drugs I have personally (er… professionally)
dealt with are Meth, Cocaine, and
Marijuana.

15. Booze and Drugs
Client Intake: Pre-file
1. Ask about all prior or current substance abuse
problems.
2. Check ambulance records for signs of
intoxication, indication of needle marks, and/or
administration of morphine in route.
3. Check hospital intake records for preliminary
toxic screens.

16. Booze and Drugs
Effects depend on:
D – Dosage
A – Absorption
T – Task
E – Experience (Tolerance)

17. Booze and Drugs
 NHTSA study found drivers with 0.05% BAC to have
significant impairment in:
 Perception-reaction time (PRT)
 Visual Tracking
 Concentrated attention
 Divided attention
 NHTSA conclusion: “No lower limit can be placed
on alcohol impairment driving-related skills.”

18. Booze
Alcohol and Crash Probability
0.10% BAC
600% increase
0.15% BAC
2500% increase

19. Human Factors
 Predominating cause of motorcycle collisions:
Failure of other drivers to detect motorcyclist
until too late (if at all).
 In almost half of multiple vehicle
accidents, view of motorcycle (or other
vehicle) is limited by glare or obstructions.

20. Conspicuity
• Drivers are accustomed to searching for larger
vehicles and may not detect motorcyclists
• Daytime running lights improve detection
• Even when detected at similar distances, drivers are
more likely to pull in front of a motorcycle than a
larger vehicle

21. Human Factors
 Many motorcyclists show significant collision
avoidance problems:
 Over-brake and skid rear wheel
 Under-brake front wheel, reducing deceleration
potential
 Limited ability to counter-steer or swerve

22. Accident Reconstruction:
Speed!
• Evasion potential often more limited than for larger
vehicles
• Lower injury potential if travel speed is slower
(e.g. speeding versus at speed limit)
• Front and rear braking can be controlled
independently
• Very little crash test data

23. My Tips
 Push for longer time to select a jury and jury
questionnaires. People don‟t like
motorcycles, tattoos, piercings; I don‟t know why.
 Give comparative options always! 15% is my
favorite, because you have to.
 Get every witness to say motorcyclist is within so
many feet of motorcycle after accident, to
prevent throw distance calculations (because
there is very little crash data). Prove up with blood
splatter. Prep clients on the issue.

24. My Tips
Understand how a motorcycle up-shifts and
down-shifts. Any witnesses that testifies to
speed or accelerating, pin them down on
gear. Get them to admit that their estimate is
based on sound (which is nearly always the
case).
Need MILs on anything “Motorcycle” – I got
them.
Or that they only saw it for a splitsecond, exclude.