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Attorney Fran Haasch
July 2009 Motorcycle Newsletter
www.LawFran.com


Hello Everyone,

Welcome to our July newsletter.  For those of you that are receiving this newsletter for the first time, thank you very much for signing up for a chance to win the 2009 Sturgis Giveaway.  And, to the faithful readers, thank you for the continued support.  I can’t believe the giveaway is less than a week away.  I hope to see all of you at Quaker Steak and Lube on July 15th!

Happy Belated 4th of July to everyone; finally a weekend that didn’t rain.  I hope you had a chance to get out on your bike and enjoy a safe, dry ride.

A few weeks ago was the 18th Annual International Ride To Work Day.  We invited everybody on our email list to enjoy lunch with us at our office and share our love of the open road.  I know it was difficult to make it on a Monday with such short notice, but we had an outstanding turnout. A very special thanks to all of you that made it such a huge success; we will definitely be doing it again next year!  Thank you to Born To Ride and Full Throttle for covering the event in their magazines. (Click here for event pictures)

Born to Ride’s Women’s Club Tribute to Mom & Women Who Ride event was held last month.  It was an honor to be recognized amongst other influential women that are making such an impact in our motorcycle community.  (Click here for event pictures)

Thanks to Tony Cianci and Simon “Night Train” Bois and Full Throttle for the great article on Jesse James.  If you didn’t have a chance to read the article, it is here in its entirety.

We’ve been at a lot of events over the last month and have added over 300 new pictures to our website.  Please click here to check them out.

One last word of thanks goes out to Susan Hurst and Born To Ride Magazine for including such a wonderful article about our law firm and staff in the current July issue.

Our law firm represents people that have been injured in motorcycle and automobile accidents.  If you have any questions about your insurance coverage or need any additional information regarding a motorcycle or automobile accident, please call our office at 866-LAW-FRAN.  We will be happy to answer your questions free of charge.

Attorney Fran Haasch

Palm Harbor

LANE SPLITTING

Motorcyclists have the unique ability to use different parts of a lane depending on what riding situations may arise.  With the narrow width of a motorcycle, riders are able to take a position within the lane to maximize visibility, avoid problem areas of the lane, and have the quickest “out” possible.  However, some riders choose to use the slender profile of a motorcycle in order to cut in between cars and avoid traffic jams. 

In Florida, splitting lanes during a traffic jam, or at any time, is actually illegal.  Is it more or less dangerous though?  Some studies have shown that traffic collisions in a state like California, where lane splitting is legal, may actually happen less frequently when compared to a state like Florida.  One devastating type of accident that was significantly reduced was the occurrence of rear end collisions.  When a motorcyclist has the ability to split lanes, he/she is no longer at the mercy of traffic approaching from behind. 

Even though lane splitting is illegal in Florida, riders still occasionally zip in between cars in the face of a traffic jam.  This, however, is dangerous considering that Floridians aren’t used to this kind of behavior.  A rider runs the risk of an oblivious driver drifting across lane lines or a spiteful driver not wanting a motorcyclist to cut in line/get ahead.  The fact of the matter is that more study concerning lane splitting is needed and until then, it will likely remain illegal in Florida and many other states.

 

 RIDE TO WORK DAY

June 15, 2009 was the 18th annual International Ride to Work Day.  While motorcycles are routinely viewed as toys or recreational vehicles, this day is a good chance to show off the advantages/positives of using a motorcycle to commute.  Motorcycles use less fuel, cause less congestion, have less impact on the roadways, and take up less space in a parking lot.  According to www.ridetowork.org, three to five motorcycles can fit into the amount of space it takes for just one car.  With the amount of riders on the roadways expected to double on Ride to Work Day, the hope is that the public sees the practicality behind two-wheeled transportation.  Hopefully employers will make an exception for leathers in the office. 

BIKE BAILOUT

It is very easy to see how hard the credit crunch/bad economy is hitting the automotive industry, but the motorcycle industry is being faced with far worse economic woes.  Financing a motorcycle has traditionally been more difficult than financing a car or mortgaging a house, the rational being based in necessity.  A motorcycle is viewed as a luxury item that consumers can do without, especially when compared to a house or car.  Additionally, if an individual is faced with financial hardship, a motorcycle payment will likely be one of the first things to be neglected, particularly when compared to having a roof over your head. 

This credit crunch is even having an effect on individuals with excellent credit scores, looking for a new motorcycle to throw a leg over.  Credit companies are just not willing to take the risk of an individual defaulting on a loan, regardless of credit history/score.  If an individual is looking to finance a used motorcycle, the prospects are even slimmer.  While this may seem like bad news to those looking for a new motorcycle, there are still manufactures out there offering direct financing through the dealership.  A prime example of this is Harley-Davidson. 

With the ability to cater to new customers being hampered by credit companies, dealerships are having to rely more heavily on their current customers’ utilizing service departments and ordering parts/accessories.

DRINKING AND RIDING

While it should not have to be said that drinking and riding do not mix, it never hurts to have a little reminder every now and then.  The fact of the matter is that even marginal amounts of alcohol can have an affect on your ability to operate a motorcycle safely and effectively. 

According to the Motorcycle Safety Foundation, even a small amount of alcohol in your system can increase your chances of an accident by five times.  A Blood Alcohol Content (BAC) over 0.05 makes you 40 times more likely to experience an accident.  The thing that many people forget or never realize is that you do not have to have a BAC over 0.08 in order to be cited for driving under the influence/while intoxicated (DUI or DWI).  If an officer finds that you are impaired and unable to operate a motor vehicle, even if you are below that magical 0.08 limit, you may still be cited, depending on the specific circumstances.  The scary thing is that, by the time you reach a BAC of 0.08, reasoning abilities and motor skills are already greatly impaired.     

While this all may seem very paternalistic, having alcohol in your system at the time of an accident may greatly affect any claims you may have arising from said accident.  If, while riding home from the bar, a car were to pull out in front of you and cause an accident, a jury may find that the alcohol in your system impaired your ability to avoid the accident and find you partly negligent.  This would lessen any potential recovery you may receive.  In Florida, this is referred to as “Comparative Negligence.”  A sober motorcyclist faced with the same hypothetical accident would fare much better because there would likely be little, if any, negligence attributed to the rider.

Just remember, next time you show up for a local bike night, alcohol may not only increase chances of injury while riding impaired, it will also potentially decrease any recovery received, even for an accident that was out of your control.

HEAR ME ROAR

Up until recently, motorcycle appearance and size has been geared mainly towards male riders.  However, a company located in Daytona Beach, Florida, is determined to change that in favor of women.  With ridership among females on the rise, this idea could not have come at a better time.

The big concern with female riders is the fit of the motorcycle.  There is nothing more unsettling than pulling up to a stop light and feeling like you are teetering between your big toes.  Roar offers customization of your current bike or you can choose from bikes that have already been modified and sorted into engine and rider size categories.  It is this precise fit which will help inspire confidence and boost the ability of women riders.

The Roar shop does not just limit itself to motorcycles.  They offer a full showroom of riding clothes, accessories, and jewelry to outfit any rider or enthusiast.  For more information on Roar and its products, which have already built up wide spread appeal, visit www.roarmotorcycles.com.

MOTORCYCLE SAFETY AWARENESS MONTH

Even though it is now July, we hope that May had lived up to its name as Motorcycle Safety Awareness Month.  As Floridians, we are spoiled with the ability to ride year round.  Summer does not officially start until June; however, May marks the beginning of weather which truly presents some exceptional riding possibilities in other parts of our beautiful country.  With a good number of northern residents taking the covers off their motorcycles for the upcoming summer riding season, the month of May is a good time to admonish drivers to keep an eye out for those who are less conspicuous. 

May has been recognized as Motorcycle Safety Awareness Month for quite some time by many organizations and now the U.S. House has followed suit.  H.Res. 269 “[r]ecognizes the contribution motorcycles make to the transportation mix; [e]ncourages all road users to be more aware of motorcycles and motorcyclists’ safety; [e]ncourages all riders to receive appropriate training and practice safe riding skills; and [s]upports the goals of Motorcycle Safety Awareness Month.”  The House also recognized that motorcycles “are fuel-efficient and decrease congestion while having little impact on transportation infrastructure.”

Just remember to continuously be mindful of your surroundings, consider the other drivers trying to share the road with you, and always drive/ride safely. 

Attorney Fran Haasch
Palm Harbor
www.lawfran.com
 

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