Alex R Hernandez Jr - October 2019

Tips for Motorcyclists Safe Riding

As Alex mentions on the cover, our firm is no stranger to motorcycles. We’ve proudly represented riders and their families after an accident and understand the unique dangers these men and women face. The truth is, most drivers don’t pay enough attention to motorcyclists, leading to many preventable collisions. But that doesn’t mean your safety is completely out of your hands. BE VISIBLE While drivers need to do a better job watching for motorcyclists, riders should do all they can to be seen. As cool as black leather biking jackets are, they can make you almost invisible once it gets dark. Thankfully, reflective patches you can sew right into your riding gear make sure anyone in front or behind you knows exactly where you are. BE SAFE Catastrophic injuries are painfully common in motorcycle accidents. When a car slams into an unprotected human body at high speed, a lot can go wrong. Still, wearing the right protective gear gives you the best possible chance of avoiding the worst. That means wearing helmets, gloves, boots, and proper riding pants. BE PREPARED The best riders in the world can’t always avoid or predict an accident. Your best hope of recovering after a crash is to have a game plan if one occurs. Riding with at least one other person on a separate bike, or letting loved ones know you are out riding and when they can expect you back, is a good Keep Halloween the Right Amount of Spooky It’s the spookiest time of year, and many young ghosts and goblins are going to be taking to the streets looking for candy at the end of the month. While these creatures may just be kids in costumes, one real threat needs to be taken seriously during all the fun — road safety. More children are struck by moving vehicles on Oct. 31 than any other time of year. Here are some tips to keep children safe on their hunt for sweets. A GOOD COSTUME IS A VISIBLE COSTUME Part of what contributes to many Halloween accidents is how hard it is to see certain costumes at night. Lots of grim characters wear dark robes or jet-black suits making their wearers nearly invisible once the sun goes down. If this describes your child’s costume, find creative ways to add some noticeable flair to their outfit. At the very least, put some reflective tape on the clothing and consider making this trick-or-treater the designated flashlight holder. EVEN VAMPIRES HAVE TO LOOK BOTH WAYS In all the excitement that comes with getting free candy, some kids may forget to look both ways before darting across a street or driveway to get to the next house. Chaperones should frequently remind kids to watch where they are going and keep younger children close at hand. Those trick-or-treaters who wear masks or hoods as a part of their costume should remove them while going house to By Following These Safety Tips

We’ve all played a harmless trick or two, but sometimes, Halloween shenanigans get out of hand. They can lead to hurt feelings, outraged neighbors, and, in the case of Purtell v. Mason, a lawsuit. In the days leading up to Halloween, all was not quiet in the village of Bloomingdale. Previously parked in a storage unit, Jeff and Vicki Purtell’s 38-foot RV was now parked in front of their house. In protest, neighbors petitioned to town officials, wanting an ordinance put in place to prohibit RV parking on residential property. While the ordinance was under consideration, Jeff Purtell took matters into his own hands. He erected six wooden tombstones in his front yard. They seemed to be innocuous Halloween decorations, but these tombstones displayed a special message for the neighbors. Each headstone was inscribed with a sarcastic message and house number, implying the occupants’ death dates. These messages soon caught the neighbors’ attention. HALLOWEEN DECORATIONS OR FIGHTING WORDS? A Grave Legal Matter Insulted and a little afraid, Purtell’s neighbors called the police to have the headstones removed. After a couple of visits, Officer Bruce Mason arrived and threatened to arrest Purtell if he didn’t take the tombstones down. Purtell obliged, but the matter wasn’t put to rest. THE VERDICT Purtell sued Officer Mason on the grounds of violating his rights to free speech, and the case made it all the way to the 7th U.S. Circuit Court of Appeals. Judge Sykes ruled that the tombstones did not constitute fighting words and were protected under the First Amendment. However, she also ruled that Officer Mason was entitled to qualified immunity, as any reasonable officer would act the same under the circumstances. The bigger question might be how this case made it all the way to the U.S. Court of Appeals. As Judge Sykes wrote in her opinion, “Lawsuits like this one cast the legal profession in a bad light and contribute to the impression that Americans are an overlawyered and excessively litigious people.” “Bette wasn’t ready, but here she lies, ever since that night she died. Twelve feet deep in this trench, still wasn’t deep enough for that stench! 1690.”

2 | AlexHernandezTrialLaw.com

Made with FlippingBook Online newsletter