A Tale of Two Motorcycle Accidents: Lessons on Uninsured and Underinsured Insurance Motorist Coverage

Two motorcyclists.  Two serious crashes.  But two very different case results.

Danny

Danny was an avid motorcycle rider.  He loved the freedom of being on two wheels and feeling the wind in his face as he rode around town or on the open highway.  Danny also knew the rules of the road, and he knew that anyone on a motorcycle is more vulnerable than folks driving in cars and trucks.  Danny was always careful to avoid putting himself in a dangerous situation on his bike, and he always wore protective clothing and a helmet.  Danny did everything he could to keep himself safe.

A Crosswalk’s Tale:  The Price of a Driver’s Inattention

The eastbound crosswalk on 600 East in Logan is a typical neighborhood crosswalk. It has the standard white, reflective crosswalk paint we’ve all seen, and it connects the sidewalks on either side of the street. Countless thousands of walkers, joggers, students, pet walkers, parents with children on tricycles and others have traversed that crosswalk over the years. The crosswalk has served these people well, demarking a zone of safety, declaring that folks on foot have the right of way, and that car traffic must yield to them, keeping everyone safe.

A slip and fall accident can occur at any time in almost any location, from the wet floor in a ski lodge to a dangerously uneven sidewalk.  Not every situation is the result of a negligently designed or maintained surface, but some are.  There are several different types of slip and fall cases resulting from negligence, which fall within a legal concept sometime referred to as “premises liability”.

Informed consent is the legal concept that requires doctors to disclose and adequately explain pertinent information to a patient so that the patient can make a voluntary and informed choice to accept or refuse treatment.  Legally and ethically, patients have the right to make decisions about what is done to their bodies, and physicians have a duty to adequately inform patients about the risks and benefits of medical procedures, drugs, therapies, etc., and to obtain the patient’s consent to the proposed treatment after adequately informing them.