A recent Dayton motorcycle collision with a car was caused by the auto’s failure to yield the right of way to the lawfully operating motorcycle. Jerry Kunkle, a 75 year old Springfield, Ohio man died on Saturday October 12, 2013 as a result of injuries caused to him in the wreck.

News reports recounted a PT Cruise automobile was being driven in a northerly direction on Friday afternoon on Bosart Road. At that time Jerry Kunkle was riding his Harley Davidson in a southbound direction on Bosart. All of a sudden the PT Cruiser attempted to  turn into a driveway, directly into the path of Mr Kunkle. A horrible crash between the motorcyclist and the car occurred.

Mr. Kunke had a period of survival, and had his leg being amputated , as the doctors at Miami Valley hospital struggled to save Mr Kunkle’s life. Unfortunately he died Saturday afternoon due to severe trauma to his body.

It was reported that Mr Kunkle was an avid motorcyclist, and a lifetime member of H.O.G. the Harley Ownership Group. He was a Vietnam army veteran and the youngest of 13 children.

Police spokesperson Trooper David Slanker said the car driver was at fault for turning into the path of motorcyclist Mr Kunkle.

Commentary

For the first time in my recent memory there is a straight forward report of the fault of a car driver causing serious harm or death to a motorcyclist. Often prejudices against motorcyclists surface. But I detected nothing in the report from Brian Bondus of the Dayton Daily News other than factual information.

What is Failure to Yield

Failure to yield the right of way is a very specific law of Ohio made by the legislature.  There are various laws that cover different aspects of the right of way law. With regard to turning left the statute reads:

Right of Way Rule in Ohio When Turning Left

(A) The operator of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle, streetcar, or trackless trolley approaching from the opposite direction, whenever the approaching vehicle, streetcar, or trackless trolley is within the intersection or so close to the intersection, alley, private road, or driveway as to constitute an immediate hazard.

“Right-of-way” means either of the following, as the context requires:

(1) The right of a vehicle, streetcar, trackless trolley, or pedestrian to proceed uninterruptedly in a lawful manner in the direction in which it or the individual is moving in preference to another vehicle, streetcar, trackless trolley, or pedestrian approaching from a different direction into its or the individual’s path;

These right of way violations are often seen as the cause of motorcycle crashes. The automobile driver (cager) just does not look effectively. As a result many a good man or woman has been maimed or killed.

Source

http://www.daytondailynews.com/news/news/local/springfield-man-dies-after-motorcycle-accident/nbNZ7/

Ohio Revised Code

By Anthony Castelli an Ohio motorcycle accident injury attorney that rides a Harley. For motorcycle resources or to order a free Watch For Motorcycles bumper sticker access the  Ohio Motorcycle Garage .

 

 

 

 

 

 

 

Dayton, Ohio May20, 2013

Motor vehicle accidents that occur between cars and motorcycles can leave the motorcyclist with serious extremity injuries of the leg or arm that lead to amputations. Amputation is the removal of a body extremity by trauma, prolonged constriction, or surgery. (1)

Traumatic Amputation 

A traumatic amputation is the partial or total avulsion ( tearing away ) of a part of a body during an event causing serious bodily harm, like vehicle crashes, labor, or combat. 1 in 20,000 persons lost a limb by amputation in 2012. Car accidents were one of the most common causes.

Often in crushing or cutting injuries it is the damage to the vascular system that causes the need for amputation. If the exremity is so injured that no blood flows to it this can lead to death of the affected tissue. Infection is likely to set in   that can cause death, thus the necessity of amputation.

Surgeons will make heroic efforts to avoid amputations if possible. I once represented a young lady that was stuck by a car while riding a motorcycle. Her leg was badly crushed and lacerated at the ankle. The surgeon battled with multiple procedures and was able to save her leg. Unfortunately many are not so lucky.

Dayton Car Motorcycle Crash May Lead to Amputation

Just yesterday a car turned in front of a motorcyclist in Dayton, Ohio.  The car motorcycle crash occured at the intersection of Kammer Ave and Anna Street. WDTN initially reported the driver of a van turned into the motorcyclist’s path. Invsestigators were interviewing witnesses.

The injury to the motorcycle rider was called life threatening. The motorcyclist was thrown from his motorcycle. The Dayton Daily News later reported that the man may lose his leg.

A better description of the cause of the collision was given. The motorcyclist was traveling down Kammer Street when the van turned in front of it attempting to turn onto Anna Street. This sounds like a clear failure to yield the right of way to the motorcycle by the car. http://codes.ohio.gov/orc/4511.42

But wait. The paper reports that police are still investigating the accident to see who is at fault, but do believe that speed may be a factor in the crash. This is the typical BS motorcycle riders face and is a standard insurance company defense. Unfortunately with prejudices that treat bikers as second classs citizens in the road, these statements can cause a travesty of justice.

Amazingly the paper quoted Dayton police officer Andrew Gillig as follows:

“People are taking (their motorcycles) for a ride and they need to remember that they are a smaller vehicle and other cars do not always see them, especially at night,” said Sgt. Andrew Gillig of the Dayton Police Department.

What in the world does that statement have to do with anything. Motorcycles can be seen if you are looking properly. May is motorcycle safety awareness month. It seems to have blown right past Officer Gillig. How insensitive and just biased and plain wrong are his words.

A man is battling for his life, battling to save his leg . By all reports the crash was caused by the failure to yield and look properly by the van driver, yet arbitrary statements attempting to place culpabilty on the motorcyclist  are surfacing.

1. Source Wikipedia/amputations

About the Author

Anthony Castelli rides a Harley Dyna Low Rider and is a personal injury lawyer that represents injured motorcyclists. He authored The Ohio Motorcycle Bible – The Guide To Protecting Ohio Motorcyclists and Their Families. He can be reached in locally in Dayton 1-937-306-6410 or call 1-800-447-6549

 

 

 

 

 

 

 

In Dayton, Ohio yesterday a car turned in front of two motorcycle riders leaving one dead and one with an amputated leg. Yet the emphasis on the reporting is “alleged” drag racing. Early indications reported that a pick up truck pulled out in front of the motorcyclists.

When a car pulls into a thru highway when other vehicles are so close that a crash could occur that is a clear “failure to yield the right of way. ” Motorcycle riders on a thru street have a right to expect cars will not pull out from a side street in their path. By the same token motor vehicles that are traveling in opposite directions should continue in that path and should not turn into the other vehicle’s path. In this case the car turned in front of the motorcycles.

Keith Wooster lays dead. His family mourns and has to deal with this terrible loss. The other biker is critically injured. For what. And why is the emphasis on the reporting on the allegation of “drag racing.” Police are still investigating.

When a car driver turns in front of a motorcyclist, all too often the car driver blames speed. Why did the driver pull out in front of a motorcyclist that was speeding . This does not pass muster with me. The bikers only had a short way to go to their destination. So why would they be drag racing?  It does just not add up.

It is critical for justice for these motorcyclists that witnesses come forward. In addition the police should get a real accident reconstructionist to review all the evidence. Sgt Aaron Fraley was reported to be investigating this accident.

My condolences to the family of Keith Wooster and the other motorcyclist. This motorcycles car crash sounds totally preventable. Think about doing something this day to make the roads a little safer for motorcyclists.

For information Motorcycle Safety Resource the Ohio Motorcycle Safety Kit click the link. Everyone please: