Vol. 9, No. 2

September, 2003

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As most of you know, we represent a good number of motorcycle riders.

The other day, I was reading through the current version of the “Motorcycle Operative Manual”. Several passages jumped out at me that I wanted to share with you:

• “Following too closely” is a major factor in crashes involving motorcyclists. In traffic, cycles need as much distance to stop as cars.
  
• Increasing conspicuity is critical for cyclists. In crashes with cyclists, drivers often say that they never saw the motorcycle. From ahead or behind, a motorcycle’s outline is much smaller than a car’s. Also, it is hard to see something that you are not looking for, and most drivers are not looking for motorcycles. More likely, they are looking through the skinny, two-wheeled silhouette in search of cars that may pose a problem to them. [In my experience in handling these cases for 22 years this is by far the number one cause of crashes that I handle.] Suggestions in the manual to make yourself more conspicuous include:
  
  • Wear bright clothing;
    
  • Keeping the headlight on;
    
  • Use the blue signals every time;
    
  • Flashing your brake lights before you slow down.

Our firm has been handling motorcycle cases for over 20 years. I would be a wealthy man if I had a dollar for every biker over the years who has been hit by a driver who claimed to have never seen them. Left turns in front of a cyclist are the most common scenario with pull outs from stop signs being a close second

When out driving, particularly during the summer months, be especially vigilant for our brothers and sisters on motorcycles when initiating a left turn or pulling from a stop sign. You and the cyclist will be glad that you did.

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JURORS CAN NOW TAKE NOTES AT TRIAL
Last week, the Pennsylvania Supreme Court issue a new rule indicating that jurors, with some limitations, can now take notes during trial to help them better remember the evidence. This is a dramatic departure from prior law in Pennsylvania.

Having tried cases in seven different counties and the Federal Courts, I have mixed feelings about note taking. I find that when I take notes, I often miss important things that are being said to me. On the other hand, I find note taking very helpful when , particularly when I have to go back many hours or even days later and attempt to recall a conversation.

I am currently thinking of strategies to best take advantage of this change. For example, I may well wish to advise jurors Not to take notes during certain portions of the testimony. And during closing argument, I will likely wish to repeat certain critical parts of the evidence so that the jurors can check what I am saying against their notes. And if I see a number of jurors furiously writing as I am examining an witness, I may wish to slow down and allow them to finish writing before moving to the next question. Certainly, witnesses will need to be instructed to be aware of this as well and to slow down the speed with which they give their answers so that the jurors can write them down.

On balance, I think note taking is a good thing despite its drawbacks. The new rule is effective September 1, 2003 so we will have to wait and see how it works.