Tuesday, October 23, 2012

Fatal Motorcycle Crash Claims the Life of Donald Varner ll

Another Cincinnati motorcycle rider has been killed. His name is Donald Varner II . Another family will never be the same. And the early reports on the accident and death border on sketchy at best and again demonstrate bias against motorcyclists.

The inference I get from reading some of the articles is that the motorcyclist was at fault. Quite possibly nothing is be further from the truth. Look at the reporting that,  ..speed appears to be involved according to the police and the motorcyclist did not have a helmet. What does a helmet have to do with this? It did not cause the crash.

Give credit to Fox 19 that reported that the car turned into the path motorcycle.It left out the helmet garbage and the speed inference. The reporting of Local 12 was not so even handed:
Police say
Police said 40-year-old Donald Varner II was driving east, when he struck a car that was turning west onto Madison. Varner was thrown from his motorcycle. He was taken to University Hospital where he later died.

speed appears to be a factor in the crash. We are told Varner did not have on a helmet at the time of the crash. The driver of the car was not hurt.  


Wlwt reported it with the headline Bike hits car. And with the other negative details. But what I see as a motorcyclist  is the the car apparently turned in front of Donald Varner as he traveled east on Madison road. The car was intending to go west on Madison.

Although it does not say where the car was coming from, it would have crossed the east bound land . This is an apparent violation of the right of way of Donald Varner. The big defense pulled out of thre hat is that the motorcycle was speeding. I've heard it time and time again and view it with skepticism because I know how untrue it can be.

Below is a link from google maps to the 5200 block of Madison. But it could not be the correct point of the collision.

View Larger Map


Commentary

Right of way has tremendous legal significance in the State of Ohio. The person who violates another's right away is guilty of negligence. And the police reconstruction can be faulty. This is a case that cries out for immediate view and preservation of the scene and the vehicles by someone on behalf of the deceased motorcyclist. A good accident reconstruction can often determine speed.

by Anthony Castelli attorney  a Cincinnati lawyer for motorcycle accidents serious injuries and fatal motor vehicle law suits. Author of the Ohio Motorcycle Bible - The Guide To Protecting Ohio Motorcyclists and Their Families. Call Anthony today to get his legal help for your motorcycle or other traffic crash. 513-521-2345