WHY WE NEED TO ADVOCATE TO PROTECT LOUISIANA MOTORCYCLISTS
BY GLENN C. MCGOVERN
AV RATED TRIAL ATTORNEY AND MSF BASIC MOTORCYCLE INSTRUCTOR
[email protected] • 1-800-721-3992
WWW.GLENNMCGOVERN.COM
I work on a daily basis to not only handle my
motorcycle cases in litigation, but to do something to
further protect motorcyclists in Louisiana. Every week my
legal teams have an incident we run across where there
is something done that is so wrong to a motorcyclists
it is a shock to my conscious. That’s the bad part. The
good part is when I see such things happening that are
so unjust to a motorcyclist it gets me really upset and
motivates me to do something to make it right so it
does not happen to others. That’s why I end up working
every week to do some actions to stem the tides of
the blatant prejudice by law enforcement offi cers and
defense attorneys who deal with motorcycle crashes. (I
do not call them motorcycle “accidents” as they are always
preventable and not accidents but are “crashes.”)
EXAMPLE #1-THE DRUG IMPAIRED DRIVE WHO IS NOT URINE AND
BLOOD TESTED FOR DRUGS AND ALCOHOL AS REQUIRED BY LAW-BUT
THE DEAD MOTORCYCLIST IS ALWAYS TESTED.
I had a fatal motorcycle crash case of a motorists handled with the
City Kenner Police. The drug impaired driver failed to yield killing the
motorcyclists. The police did not download the data from the driver’s car
computer system. The police did not do any blood or alcohol test on the driver
or even do a fi eld sobriety test on the driver of the vehicle. Yet the driver
made a radically lane change into the motorcyclist killing him instantly. The
car driver admitted to taking oxycodone. The driver admitted to chronic low
back pain and taking oxycodone one hour before the fatal crash! The driver
told offi cers he took a large dose of oxycodone an hour before the crash in a
time release pill. If you crush such a time release pill, then take it, you get a
much bigger rush quickly. Despite all this, the driver of the vehicle that killed
my client was not urine, breath or blood tested as required by Louisiana
law. Yet, my dead motorcyclists was tested for all drugs of any nature and
kind and alcohol! This is due to the gross incompetence of most policeman
who are biased against motorcyclist and scooter operators. I see this in most
motorcycle and scooter crash cases. It drives me nuts! But it motivates me to
fi ght for changes in our laws.
The law is clear on required drug testing of urine and blood of drivers in
fatal and serious collisions as follows:
La. Rev. Statue La. R.S. 32:681
PART XVI. POSTACCIDENT DRUG TESTING
§681. Postaccident drug testing; accidents involving fatalities, required
A. The operator of any motor vehicle which is involved in a collision or
the operator of any watercraft involved in a collision, crash, or other casualty
in which a fatality occurs shall be deemed to have given consent to, and
shall be administered, a chemical test or tests of his blood, urine, or other
bodily substance for the purpose of determining the presence of any abused
substance or controlled dangerous substance as set forth in R.S. 40:964 or
any other impairing substance.
The law is clear. It says “SHALL BE ADMINISTERED”! There is no wiggle room!
Yet police violate this every day. But the corpses of my dead motorcyclists are
always tested!
EXAMPLE #2-THE STATE OF LOUISIANA DOES NOT SCREEN FOR ALL
COMMON SYNTHETIC DRUGS.
The drugs that are tested for do not include many common synthetic
drugs. Dilaudid is a synthetic morphine yet is not tested for is one example.
Oxycodone is another synthetic opiate that the widespread addiction by
drivers and abuse in its distribution is an epidemic. Both drugs are known to
aff ect motor control. There are also many anti-depressants that are known to
adversely aff ect motor vehicle drivers. The list of drugs tested for in Louisiana
is out dated and does not include this new synthetic drugs. A 2017 NHTSA
study found 20% of the drivers in fatal accidents surveyed were impaired
by drugs. This is up for a 2014 NHTSA study that found 14% of the drivers in
fatal crashes were impaired by drugs. This is getting to be a bigger and bigger
problem. The drugs tested for is an administrative regulation and is not kept
current. Every time I have a fatal crash with a synthetic drug impaired driver
I write to the State Police Lab and complain. They have made some changes
,but not quick enough.
EXAMPLE #3-THE POLICE ARE BIASED AGAINST MOTORCYCLISTS
EITHER INTENTIONALLY OR THRU IGNORANCE.
Body cams are used by many police departments. They are a valuable
contemporaneous recordings of what happened in an investigation. But in
a recent case I was so mad at what State Police did. (I am not just singling
out La. State Police to criticize—most police departments in Louisiana are
biased in handling motorcycle cases.) In this case the State Police are heard
talking on their body cams that a cell phone download of the car driver’s
cell phone is needed. But this is never done. The State Police are talking that
the driver was not drinking alcohol—but the State Police never do a fi eld
sobriety test nor even interview the driver if the driver was drinking alcohol
or on medications, even though the driver had a history with alcohol. Also
the driver’s windows are illegally obscured. The driver states at fi rst the
driver never saw the motorcyclist. Then the driver fabricates two diff erent
stories on video and in writing the driver’s statement. The offi cer discusses in
a chatty fashion the things they have in common and is looking at the driver’s
26 Th under Roads® Magazine LA/MS Gulf Coast | February 2019 | www.thunderroadslams.com
picture on his computer from the driver’s website. Then the offi cer apologizes
for having to write the driver that killed my client two misdemeanor traffi c
tickets and is seen on video apologizing since this is “just an accident and not
a criminal matter”. Then the offi cer states he is sure the District Attorney will
not take any action against the driver. This still upsets me that the criminal
justice system is not working for motorcyclists, even in a clear cut case with
clear liability. Here is a case where the driver was distracted and failed to
yield killing the motorcyclist.
To add further insult to injury, the State Police does the speed computations
of the motorcycle incorrectly and used wrong measurements of the roadway
friction levels. The State Police makes false statements in the videos about
the top speed capabilities of this motorcycle being able to go over 220 mph.
They found in using Google so it must be accurate right! This is impossible for
a stock 1000 c.c. motorcycle with stock gearing. The motorcyclists was not
speeding as shown by the physical skid marks from braking. The motorcyclists
did maximum braking and did everything right before he was hit by the
car pulling a high G turn across his path. The car motorists did everything
wrong but the car driver’s gross recklessness is approved but the offi cers in
the video. They are apologetic for the driver killing my dead client. I wanted
to throw up I am so disappointed in these offi cers after watching all the body
cam video and audio footage!
I always try to give police the benefi t of the doubt. Some are good and not
biased no doubt but most are biased against motorcyclists. This body cam
video proves it is worse than I ever thought. This reckless, grossly negligent
criminal conduct was condoned on the video by the clearly biased ignorant
offi cers.
Conduct condoned is conduct that will be repeated.
WHAT WE ARE DOING TO STEM THE TIDE OF PREJUDICE AGAINST
MOTORCYCLISTS
I am currently working on educating police and district attorneys on
motorcycles and their operation. They don’t understand the basic physics.
They don’t understand the gaps in drug testing. I am also working on a project
to erect the dead motorcycle site crosses shown at every fatal motorcycle
crash site in Louisiana in 2019. I have a group of 340 advocates from around
the State to help me get these erected and photographed. I got 100 signs
made at my costs. I hope to get the 1500 Louisiana A.B.A.T.E. members to
help in reporting and erecting the crosses all over the state. The crosses are a
dramatic symbol with the cross in yellow to match the Louisiana A.B.A.T.E.
motorcycle awareness yellow signs with a red motorcycle with no rider
onboard.
HOW YOU CAN HELP TODAY
I am also working to get a list of persons to help contact legislators to pass
the Right-of-Way Bill to protect all motorcyclists and scooter road users in
Louisiana. The form is attached for you to fi ll out and please email to me at
[email protected] OR FAX the form to me at 504-456-3610.
Please take a minute to fi ll it out and return to me. Also consider joining a
local chapter of A.B.A.T.E. whose sole dual mission is to educate motorists
and lobby for motorcyclists rights. I got 100 crosses ready. 96 motorcyclists
were killed in Louisiana last year.
MOTORCYCLE ADVOCATE QUESTIONAIRE
NAME:_____________________________________
__
EMA
IL:_______________________________________
PHONE NUMBER: HOME____________________________
CELL:_______________________________________
HOME ADDRESS:________________________________
CITY:___________________ STATE:________________
ZIP CODE:_________________________
MY STATE SENATOR IS : DISTRICT ___________
NAME:______________________________________
MY STATE LEGISLATOR IS: DISTRICT___________
NAME: ______________________________________
I HAVE A RELATIONSHIP WITH MY STATE LEGISLATOR(S):
YES OR NO (CIRCLE)
EXPLAIN RELATIONSHIP:
____________________________
_________________________________________
__
_________________________________________
__
_________________________________________
__
I AM WILLING TO SEND LETTERS: YES OR NO (CIRCLE)
I AM WILLING TO TESTIFY AT COMMITTEE HEARINGS:
YES OR NO (CIRCLE)
I HAVE LOST A LOVED ON DUE TO A RECKLESS MOTORIST AND EXPLAIN:
_________________________________________
__
www.thunderroadslams.com | February 2019 | Th under Roads® Magazine LA/MS Gulf Coast
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