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Motorcycle
Accident Reconstruction and Litigation
Kenneth S. Obenski, P.E. and Paul F. Hill, Esq., Eric
S. Shapiro, Jack C. Debes
Fourth
Edition with “The Hurt Report” on CD-ROM
8.5"
x 11", casebound, 380 pages
2007, Lawyers
and Judges
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Contributing
authors: Bernard S. Abrams, O.D., and Leslie
Weintraub, O.D.
Complete Table of Contents
Motorcycle Accident Reconstruction and Litigation, Fourth
Edition with Hurt Report details the mechanics of riding
a motorcycle and motorcycle performance. Rider safety considerations
and human factors issues such as conspicuity, evasive action,
warning to the rider, and rider experience and training
are discussed in detail. Quasi-motorcycles are compared
and contrasted with standard motorcycles to acquaint the
reader with their similarities and differences.
Techniques and methods
for reconstructing motorcycle accidents are covered in detail
and a wide variety of example cases are given. Legal issues
of motorcycle use are explained with extensive case studies
and examples and include topics such as helmet laws, negligence,
laws governing accidents, warnings, roadway defects, motorcycle
defects, injury to passengers, and Dram Shop liability in
DUI cases.
This edition includes accident
cause factors and identification of countermeasures, commonly
known as “The Hurt Report,” on CD-ROM.
Topics include:
Understanding motorcycles
Highway and rider factors
Crash protection
Defects in public roads
Visual Perception and Motorcyclists'
Conspicuity
Helmets: Negligence for not wearing
Motorcycle and other vehicle meeting
Evasive action
Motorcycle passenger: Imputed negligence
Negligence for obstructions to view
Products liability
and much more
Table
of Contents
Acknowledgments
Preface
Part I: Forensic Engineering Reconstruction of
Motorcycle Accidents
Chapter 1: Understanding
Motorcycles
1.1 Definition
1.2 Steering
1.3 Countersteering
1.4 Handling
1.5 Articulated?
1.6 Brakes
1.7 Acceleration
1.8 Transmissions and Drive Lines
1.9 Engines
1.10 Tires and Wheels
1.11 Controls
1.12 Weather
1.13 Life Expectancy
1.14 Sidestands
1.15 Modifications
Chapter 2: Braking
2.1 General Considerations
2.2 Integrated Brakes
2.3 Anti-Skid Brake System (ABS)
2.4 Braking on Curves
2.5 Failures
Chapter 3: Tires and
Wheels
3.1 General Principles
3.2 Front
3.3 Rear
3.4 New Tires
3.5 Flats
3.6 Tube versus Tubeless
3.7 Rain Grooves
3.8 Hydroplaning and Wet Traction
3.9 Wheels
3.10 Traction
Chapter 4: Highway
Factors
4.1 Pavement Marking
4.2 Blocked Visibility
4.3 Invisibility
4.4 Ruts and Expansion Joints
4.5 Rails
4.6 Edge of Pavement Steps
4.7 Grooves and Gratings
4.8 Guardrails
4.9 Posts
4.10 Debris
4.11 Steel
4.12 Gates
4.13 Animals
4.14 Animal Waste
4.15 Intersections
Chapter 5: Conspicuity
5.1 Exhaust Pipes
5.2 Horns
5.3 Lights and Coloration
5.4 Psychology
5.5 Clothing
5.6 Riding Behavior
Chapter 6: Rider Factors
6.1 Experience
6.2 Beginners
6.3 Maturity
6.4 Training
6.5 Drugs
6.6 Choice of Bike
6.7 Rider Behavior
6.8 Rider Performance
6.9 Wobbles
6.10 Passengers
Chapter 7: Rider Protection
7.1 The Best Rider Crash Protection
7.2 Helmets
7.3 Crash Bars
7.4 Eye Protection
7.5 Seat Belts!
7.6 Air Bags
7.7 Roll Bars
7.8 Weather
7.9 Clothing
Chapter 8: Wobbles
and Weaves
8.1 Types
8.2 Geometry
8.3 Causes
8.4 Evidence
Chapter 9: Evasive
Action
9.1 Lay It Down
9.2 Lane Change
9.3 Leading the Target
9.4 Countersteering
9.5 Slam on the Brakes
9.6 Swerve, then Brake
9.7 Brake First, then Swerve
9.8 Brake and Swerve Simultaneously
9.9 Jumping
9.10 Pick a Soft Place to Crash
Chapter 10: Quasi-Motorcycles
10.1 Mopeds and Motorized Bicycles
10.2 Motor-Driven Cycle ("No-Ped")
10.3 Scooters
10.4 Minibikes
10.5 Mini Scooters
10.6 Oddball Scooters
10.7 Multi-Wheel Cycles
10.8 Trikes
10.9 ATCs
10.10 Sidecars
10.11 Trailers
10.12 Three-Wheel Cars (e.g., Morgan and Trihawk)
Chapter 11: Inquiries
11.1 Identification of Vehicle Make and Model
11.2 Photographs
11.3 Injuries
11.4 Headlights
11.5 Perceptions
11.6 Clothing
11.7 Mechanical
11.8 Experience
11.9 How-To
11.10 Road Conditions
11.11 Witnesses
11.12 Publications
11.13 More on Photographs
Chapter 12: Methods
12.1 Speed Estimates
12.2 Speed from Skid
12.3 Uncertainty Cuts Both Ways
12.4 Speeds from Scrapes and Gouges
12.5 Speed from Flight
12.6 Speed from Momentum
12.7 Speed from Rotation of Car
12.8 Speed from Damage
12.9 Speed from Frame Damage
12.10 Speed from Radius
12.11 Relative Speed from Tire Markings
12.12 Injuries
12.13 Speed from Acceleration
Chapter 13: Safety,
or Why the Blank Do People Ride Those Blankety-Blank Things?
13.1 The Attraction
13.2 Visceral Involvement
13.3 Comparison
13.4 Public Attitude
13.5 Dearth of Statistics
13.6 Why Not?
Chapter 14: Visual
Perception and Motorcyclists’ Conspicuity
14.1 Introduction
14.2 Accident Statistics
14.3 Conspicuity Is a Significant Factor
14.4 Human Factors: How the Eyes Work
14.5 Dynamic Visual Acuity Is Related to Driving
14.6 Daytime versus Nighttime Vision
14.7 Glare
14.8 Contrast Sensitivity
14.9 Human Factors: The Brain Is in Charge
14.10 Human Factors: Response to a Crisis Takes Time
14.11 Back to Conspicuity
14.12 Studies of Conspicuity
14.13 Ways to Increase Conspicuity
14.14 Eye Protection Is Vital
14.15 Helmets from the Vision Perspective
Chapter 15: Anatomy
of a Well-Managed, Well-Funded Case and Things That Happen
Way Too Often
15.1 Getting Retained
15.2 The History
15.3 Investigation
15.4 Personalities
15.5 Preparation
15.6 Deposition
15.7 Trial
Chapter 16: Motorcycle
Steering Revisited (Because Not All Is As It Seems)
16.1 Introduction
16.2 Riding Categories
16.3 Motorcycle Steering
16.4 Conclusion
Chapter 17: Primary
versus Secondary Safety
17.1 Introduction
17.2 Secondary Safety
17.3 The BMW C
17.4 Primary Safety
17.5 Conclusion
Chapter 18: Motorcycle
Accident Injury Biomechanics
18.1 It’s Not the Fall that Hurts; It’s
the Landing!
18.2 Soft Tissue versus Hard Tissue Injuries
18.3 Helmets and Head Injury
18.4 Helmets
18.5 Concluding Remarks
18.6 Acknowledgments
Chapter 19: Engineering
Analysis Reports
Part II: Legal Analysis
Chapter 20: Introduction
20.1 Declining
Accident Rate
20.2 How This Section Was Researched and Written
20.3 Purpose and Suggested Use
20.4 Preliminary Considerations in Evaluating a Case
Chapter 21: Helmets:
Compulsory Use
21.1 Background
21.2 Federal Intervention
21.3 Current Helmet Laws State-by-State
21.4 Helmet Litigation State-by-State
21.5 Concluding Comments
Chapter 22: Helmets:
Negligence for Not Wearing
22.1 Background
22.2 Litigation
22.3 Concluding Thoughts
Chapter 23: Intersection
Collisions
23.1 Introduction and Statutory Background
23.2 Research Methodology
23.3 Driver Turning Left in Front of Motorcycle
23.4 Motorcyclist Turning Left
23.5 Other Intersection Cases
Chapter 24: Motorcycle
or Driver Overtaking
24.1 Introduction and Statutory Background
24.2 Overtaking Cases
Chapter 25: Collision
with Backing, Parked, Stalled, Disabled, or Slow Vehicle
25.1 Introduction and Statutory Background
25.2 Cases
Chapter 26: Motorcycle
and Other Vehicle Meeting
26.1 Introduction and Statutory Background
26.2 Cases
Chapter 27: Negligence
for Obstructions to View
27.1 Introduction .
27.2 Cases
Chapter 28: Defects
in Public Roads
28.1 Introduction
28.2 Sand, Gravel, Fluids and Other Objects on Roadway
28.3 Bumps, Dips, Potholes, Manhole Covers
28.4 Construction Area and Design Defects
28.5 Signs, Signals and Markings: Failure to Install or
Maintain
28.6 Allegations of Negligent Design
28.7 Miscellaneous Cases
Chapter 29: Defective
Conditions on Private Property
29.1 Introduction
29.2 Gravel Pits, Excavations, Mounds
29.3 Motorcyclist Strikes Pedestrian or Other Motorcyclist
29.4 Railroad Property
29.5 Private Roads
29.6 Other Defects on Private Land
Chapter 30: Collision
with Cable or Chain
30.1 Introduction
30.2 Cases
Chapter 31: Collision
with Animal
31.1 Introduction
31.2 Collision with Wild Animal
31.3 Collision with Domestic Animal
Chapter 32: Motorcyclist
in Collision with Pedestrian and Driver in Collision with
Motorcyclist as Pedestrian
32.1 Introduction
32.2 Cases
Chapter 33: Negligent
Entrustment or Supervision
33.1 Introduction
33.2 Court Cases
Chapter 34: Motorcycle
Passenger: Imputed Negligence
34.1 Introduction
34.2 Cases
Chapter 35: Products
Liability
35.1 Introduction
35.2 Cases
Chapter 36: Motorcycling
Events and Releases of Liability
36.1 Introduction
36.2 Releases of Liability
36.3 Liability to Spectators
Chapter 37: Negligence
of Server of Alcohol (Dram Shop Act Cases)
37.1 Introduction
37.2 Social Host Liability
37.3 Dram Shop Cases
37.4 Failure to Arrest Intoxicated Operator
37.5 Concluding Thoughts
Related
books:
Bicycle
Accidents: Biomechanical,
Engineering, and Legal Aspects
Emotional Distress: Proving Damages
Human Factors in Traffic Safety
Measuring
Loss in Catastrophic Injury Cases
Medical-Legal Aspects of Alcohol
Pedestrian Accident Reconstruction and
Litigation
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