Bartlett Man Killed In Motorcycle Accident

A Wednesday morning motorcycle crash claimed the life of a 24-year-old Bartlett man, according to local authorities. The accident happened near the 600 block of West Lake Street in Bartlett shortly after 10:00 a.m. though it is not clear if any other vehicles were involved.

The driver survived the initial crash and was transported to St. Alexius Medical Center in Hoffman Estates for emergency medical treatment but unfortunately the man did not survive.

There are about 240,000 registered motorcycles in the state of Illinois which means a large number of Illinois residents own and likely use those motorcycles on a regular basis. With motorcycle use increasing in the state, drivers are likely to see more and more bikes on local roads and highways. With an increase in motorcycle ridership unfortunately has come an increase in motorcycle accidents, some of which result in serious injuries and others that end in death.

Nearly 4,000 motorcycle accidents occur in Illinois every year and the majority of those result in some type of injury. Unlike a car or other passenger vehicle, there is nothing surrounding the driver of a motorcycle meaning that a biker is likely to contact the ground, another car, or a fixed object directly with his or her body. The human body is not designed to sustain such impacts and as a result, injuries are common. Many bikers choose to wear protective gear, including leather and helmets, to reduce the chances of a fatal crash but a biker can only do so much. Whenever a motorcyclist rides the roads, their safety is in the hands of other drivers and one negligent act can lead to a catastrophe.

Distracted driving poses some of the greatest threats to motorcyclists on Illinois roads even though it is against Illinois to be distracted behind the wheel. The increasing prevalence of smart phones, tablets, in-car technology, and an increased pace of life leaves many drivers attempting to multitask while behind the wheel. While it might seem like no big deal to some drivers, sending a text message or checking an email is a common cause of car accidents across the nation and claims the lives of thousands every year.

After an accident involving a motorcycle, many drivers claim that they simply did not see the biker until it was too late. Yet this is never a valid excuse as every driver is charged with the duty to watch for traffic at all times, including motorcyclists. Anyone who causes an accident that results in injuries or even death may be financially liable for the damage they incur to the extent of and possibly in excess of any automobile insurance they carry.

After a motorcycle accident, it may seem like no one is working for your best interest and that the insurance companies are against you. At Abels & Annes, P.C., we understand that this can be frustrating and unfair to accident victims and that your should not have to deal with the hassles thrown your way. That is why we offer a free telephone consultation to anyone injured in a motorcycle accident in Illinois and also why we have a lawyer standing by 24 hours a day, seven days a week to take your call.

If you have been a crash victim, call the Chicago motorcycle accident lawyers at Abels & Annes, P.C. today at (312) 924-7575 or toll free at (855) 529-2442. If you prefer to meet with us in person but you are too injured to travel to our offices, we will provide you with a free in-home or in-hospital consultation as well. At Abels & Annes, P.C., we never charge a fee unless we obtain a recovery on your behalf. There is no obligation with the initial phone call so please call us today and let us help you after your accident.

Prior Blog Entries:

School Bus Driver Arrested in West Chicago Suspected of Driving Drunk, Chicago Car Accident Lawyers Blog, published September 17, 2013.

Chicago Hit-And-Run Crash Leaves 1 Dead, Chicago Car Accident Lawyers Blog, published September 10, 2013.

Resources:

Man Dies After Bartlett Motorcycle Crash, Sun-Times Media Wire/CBS Chicago, published September 18, 2013.

Chicago Car Accident Lawyer

Deadly Illinois motorcycle accident – witnesses say state trooper at fault

A Chicago-area motorcycle crash that occurred on Friday night on Interstate 88 has claimed the life of an Aurora resident, according to the Beacon News. A witness to the accident is saying that an Illinois state trooper caused the accident.

The victim, age 29, was riding to Chicago with two friends who were on two separate motorcycles. According to state police, around 9:15 PM in the area of Winfield Road, one of the bikers swerved in front of the other, and that led to the second biker taking evasive action.

But a friend of the motorcyclist killed is stating that a state trooper was the main factor in causing the accident. The witness is saying that the motorcyclists were cut off by a police car. The witness was reportedly riding around 150 feet behind the accident.

He says that, for reasons unknown, the police vehicle passed motorcycle riders, and then hit the brakes. This caused the victim to swerve, but he was unable to complete the maneuver, and was ejected off of his bike. He might have then been hit by a passing truck. The rider next to him was able to pull his cycle over to the side of the interstate.

Witnesses also said that the state police car did not have lights or sirens activated. The other bikers did not know the vehicle was a police car until it passed them by.

A spokesperson for the Illinois State Police is stating that the accident is still under investigation and that no further information is being released yet. They are also saying it is also unknown yet if drugs or alcohol played a role in the accident. However, the victim's friends and stated that he had not been drinking and that he was wearing a motorcycle helmet.

To make matters worse, it is being alleged that when the victim's wife arrived at the scene, she started to run towards the victim and was then tackled by police, causing minor injuries.

It is further being reported that friends and family of the deceased have called in a branch of the NAACP to help fully investigate the occurrence. Other than the fact that the victim was African-American, there is no other reason given as to why the NAACP was contacted, and no other indication that race played a role in the state trooper's alleged actions. Further, it was nighttime and the victim was wearing a helmet, so it is unclear as to how the state trooper would have known the race of the motorcyclist.

It has not been reported if a Chicago motorcycle accident lawyer is involved in the case yet or if a civil lawsuit has been filed.

The last several days have been particularly dangerous for motorcyclists in the Chicago area. The Chicago Sun-Times reporting that a motorcyclist was injured early Tuesday morning on the south side after being involved in a head-on collision with a marked Chicago police car in the 8500 block of S. Chicago Ave.

It has not been reported as to how the vehicles collided or if any citations are being issued.

The motorcycle rider was taken to Northwestern Hospital with multiple fractures. The officer in the police car was also injured, and was taken to Christ Hospital in Oak lawn. His injuries are reportedly non-life-threatening.

In yet another deadly Illinois motorcycle crash, the Chicago Tribune is reporting that a rider from Calumet city was killed in an accident in Kankakee County. The motorcyclist died when he struck the rear of a stopped vehicle. A passenger on the bike was also injured, but not seriously.

The biker fatally injured was riding a Harley-Davidson eastbound on Illinois Route 17 around 3:45 PM on Monday in unincorporated Kankakee. At that time the cyclist it the back of a 2006 Honda that stopped for a school bus. The collision ejected the victim and his passenger off the bike. The crash was strong enough to knock the Honda into another vehicle stopped in front of it.

The motorcyclist was taken to Riverside Medical Center and pronounced dead a short time later. No one else was reportedly injured in the incident. The motorcycle rider was age 54, and the Illinois State Police is handling the investigation.

Other recent articles:

Motorcycle accident lawyers reach policy limits settlement

5 killed in a series of Illinois motorcycle crashes

Chicago Car Accident Lawyer

Snyder would tie motorcycle helmet law repeal to No-Fault “reform”

The Detroit News recently ran a story on how our governor mentioned that he will consider the motorcycle helmet repeal issue as part of a broader conversation about No-Fault insurance “reform.”  Governor Snyder hasn’t offered details on his plan as of yet.

For those unfamiliar with the proposed motorcycle helmet law repeal, the Michigan Senate has approved a bill to allow motorcyclists 21 and over the option to ride without a motorcycle helmet – as long as they purchase $100,000 in motorcycle PIP insurance coverage. The bill is expected to be passed by the House as well.

There are also proposed bills to “reform” Michigan’s No-Fault insurance system,  currently the best in the nation for injured auto accident victims (By the way, this is not just what the insurance lawyers think).  If these insurance bills are passed, Michigan drivers would no longer have unlimited medical coverage in case of an auto accident. Instead, the cost of medical care and treatment for injured auto accident victims would be limited to as low as $50,000. If this happens, after an injured auto accident victim reaches that $50,000 cap, the financial burden for their lifetime medical care would be shifted from auto insurance companies — to Michigan taxpayers and Medicare.

Snyder’s idea to tie these two issues together is ludicrous. As I’ve written before, Michigan bikers say their choice to wear a helmet is a matter of personal freedom and expression liberty. But these “advocates” completely ignore that their “personal liberty” intrudes on the personal liberty of everyone else - when taxpayers are asked to pay a motorcycle accident victim’s lifetime medical bills for traumatic brain injury and spinal cord injuries. That’s if the motorcyclist survives in the first place…

Yes, folks, bikers are 45 percent more likely to die when not wearing a motorcycle helmet if they are involved in a motorcycle accident. So… why in the world wouldn’t you wear one?!

Let’s try and attempt to figure out where Snyder is going with this plan. Say motorcyclists are not required to wear a helmet in Michigan any longer. And say the No-Fault “reform” bills are passed, limiting the medical benefits to a lowly cap.

Now let’s say a biker gets in a very serious Michigan motorcycle accident while not wearing his helmet and sustains a catastrophic brain injury that disables him for the rest of his life.

First of all, if this biker did wear  his helmet, he might not ever suffer this brain injury in the first place, or it likely will not be so severe. He might be able to recover and live a normal life. He could have been saved (Read my recent blog about how a bareheaded biker died in a rally against motorcycle helmets).

Who is going to pay for this motorcyclist’s traumatic brain injury and lifetime medical care?

It won’t be the No-Fault insurance company, which would have footed the bill under Michigan’s current No-fault insurance law if the biker had motorcycle PIP, or had been hit by a car.

Again, after this biker reaches $50,000 in medical care (which could likely be exhausted before the first week in the hospital alone), it is now up to the taxpayers and Mediicaid  to pay for his medical care.  As many motorcycle accident injuries without helmets are catastrophic TBI and spinal cord injuries, the taxpayers would assume the cost of paying for lifetime catastrophic medical care.

This is politics at its worst. Synder’s proposal to tie No-Fault reform helps no one but the insurance companies.  We would be letting bikers die and suffer catastrophic injuries in preventable motorcycle accidents, and putting our fiscal house in even greater jeopardy by assuming the cost of these injuries. Again, it’s putting the financial responsibility for their care squarely on Michigan taxpayers.

It’s a bad idea, all the way around.

- Steven M. Gursten heads Michigan Auto Law and is recognized as one of the nation’s top motorcycle accident lawyers. He received the highest motorcycle settlement in Michigan last year, according to Michigan Lawyers Weekly. Steve has spoken at trial seminars on motorcycle injury lawsuits, and is available for comment on Michigan’s motorcycle helmet laws.

Related information to protect yourself:

What to do after a Michigan motorcycle accident

Motorcycle accident lawsuits in Michigan

Editorial: No time to repeal motorcycle helmet sanity

Michigan Auto Law is the largest law firm exclusively handling car accident, truck accident and motorcycle accident cases throughout the entire state. We have offices in Farmington Hills, Detroit, Ann Arbor, Grand Rapids and Sterling Heights to better serve you. Call (800) 777-0028 for a free consultation with one of our motorcycle lawyers.

Michigan Auto Lawyers

A rash of Illinois motorcycle accidents leaves 5 riders dead

It has been a dangerous week of Chicago area motorcycle crashes as a string of collisions have the claimed the lives of five people.

A 37 year-old woman was killed in Dolton, Illinois after a man driving a Ford SUV failed to yield to her before taking a left turn, causing her to collide into the SUV. According to the Chicago Sun-Times, the motorist involved in SUV vs. motorcycle crash, who was driving with his 16 year-old nephew, exited his vehicle, removed his license plate, and attempted to leave the scene after the accident. A group of residents were able to restrain the man until police arrived, however, and he was soon placed under arrest.

According to 2008 nationwide statistics from the NSTSA, these types of accidents, where an automobile driver taking a left turn fails to yield to an oncoming motorcyclist, accounted for 41% of all fatal accidents involving a motorcycle and another car. This type of collision is particularly dangerous because the rider’s momentum continues as their vehicle comes to a sudden halt, resulting in them being launched headfirst into the street at a high velocity.

In another incident, a 26 year-old man and a 23 year-old woman were killed in Wheeling after the motorcycle they were riding lost control and struck a utility box. The Chicago Daily Herald is reporting that prior to the crash, Buffalo Grove police attempted to pull over the man and his passenger after they sped away from a gas station on the 200 block of Milwaukee Avenue. After seeing the officer’s emergency lights, the pair sped away at what was described as a high rate of speed. As is protocol, the officer did not pursue the riders and alerted the Wheeling police that a speeding motorcycle was headed their way.

Soon after, at about 3:07 a.m., Wheeling police responded to a crash at the intersection of Milwaukee Road and Center Avenue where the riders were found dead. It appears that the riders, who were not wearing helmets at the time, were traveling at a right rate of speed when the driver lost control. Police are still working on reconstructing exactly how the crash occurred.

The Chicago Tribune reported on two other accidents where motorcyclists were killed as well. The first occurred in Glenview, Illinois when a 26 year-old man failed to obey a stop sign on Magnolia Street before attempting a left turn onto East Lake Avenue. A driver traveling eastbound down the center lane struck the rider, who was taken to the hospital and pronounced dead. The other accident reported in the Tribune involved a 51 year-old man who died after rear-ending a car on the Dan Ryan expressway and losing control of his vehicle.

Summers are traditionally a dangerous time for riders in Illinois. After the long winter, motorcyclists come out in droves to take advantage of the state’s warm weather and lack of mandatory helmet laws. In fact, according to the Illinois Department of Transportation, the number of registered motorcycles in Illinois has risen 76% since 1999 to go along with the 26% increase in fatalities during that same period.

While motorcyclists cannot control the negligence of automobile drivers on the road, there are a number of things they can do to hopefully reduce their injuries:

• WEAR A HELMET! The National Highway Traffic Safety Administration estimated that wearing a helmet saved the lives of 1,829 riders in 2008
• Drive defensively and do not assume other drivers can see you or are aware of your presence. The NHTSA reports that the majority of multiple-vehicle motorcycle accidents happen because the motorist does not see the rider
• Make sure your lights are functioning so people can see you
• Don’t drive too fast. Even experienced riders can lose control

As always, the lawyers at Abels & Annes are available for consultations free of charge. If you are a motorcycle rider who has been injured by a negligent driver, call (866) 99-ABELS to speak directly to a lawyer now.

Click below to read more recent motorcycle blogs:

Decrease in number of Chicago motorcycle accidents

Abels & Annes reach policy limits settlement for Illinois motorcycle rider

Chicago Car Accident Lawyer

Snyder would tie motorcycle helmet law repeal to No-Fault “reform”

The Detroit News recently ran a story on how our governor mentioned that he will consider the motorcycle helmet repeal issue as part of a broader conversation about No-Fault insurance “reform.”  Governor Snyder hasn’t offered details on his plan as of yet.

For those unfamiliar with the proposed motorcycle helmet law repeal, the Michigan Senate has approved a bill to allow motorcyclists 21 and over the option to ride without a motorcycle helmet – as long as they purchase $100,000 in motorcycle PIP insurance coverage. The bill is expected to be passed by the House as well.

There are also proposed bills to “reform” Michigan’s No-Fault insurance system,  currently the best in the nation for injured auto accident victims (By the way, this is not just what the insurance lawyers think).  If these insurance bills are passed, Michigan drivers would no longer have unlimited medical coverage in case of an auto accident. Instead, the cost of medical care and treatment for injured auto accident victims would be limited to as low as $50,000. If this happens, after an injured auto accident victim reaches that $50,000 cap, the financial burden for their lifetime medical care would be shifted from auto insurance companies — to Michigan taxpayers and Medicare.

Snyder’s idea to tie these two issues together is ludicrous. As I’ve written before, Michigan bikers say their choice to wear a helmet is a matter of personal freedom and expression liberty. But these “advocates” completely ignore that their “personal liberty” intrudes on the personal liberty of everyone else - when taxpayers are asked to pay a motorcycle accident victim’s lifetime medical bills for traumatic brain injury and spinal cord injuries. That’s if the motorcyclist survives in the first place…

Yes, folks, bikers are 45 percent more likely to die when not wearing a motorcycle helmet if they are involved in a motorcycle accident. So… why in the world wouldn’t you wear one?!

Let’s try and attempt to figure out where Snyder is going with this plan. Say motorcyclists are not required to wear a helmet in Michigan any longer. And say the No-Fault “reform” bills are passed, limiting the medical benefits to a lowly cap.

Now let’s say a biker gets in a very serious Michigan motorcycle accident while not wearing his helmet and sustains a catastrophic brain injury that disables him for the rest of his life.

First of all, if this biker did wear  his helmet, he might not ever suffer this brain injury in the first place, or it likely will not be so severe. He might be able to recover and live a normal life. He could have been saved (Read my recent blog about how a bareheaded biker died in a rally against motorcycle helmets).

Who is going to pay for this motorcyclist’s traumatic brain injury and lifetime medical care?

It won’t be the No-Fault insurance company, which would have footed the bill under Michigan’s current No-fault insurance law if the biker had motorcycle PIP, or had been hit by a car.

Again, after this biker reaches $50,000 in medical care (which could likely be exhausted before the first week in the hospital alone), it is now up to the taxpayers and Mediicaid  to pay for his medical care.  As many motorcycle accident injuries without helmets are catastrophic TBI and spinal cord injuries, the taxpayers would assume the cost of paying for lifetime catastrophic medical care.

This is politics at its worst. Synder’s proposal to tie No-Fault reform helps no one but the insurance companies.  We would be letting bikers die and suffer catastrophic injuries in preventable motorcycle accidents, and putting our fiscal house in even greater jeopardy by assuming the cost of these injuries. Again, it’s putting the financial responsibility for their care squarely on Michigan taxpayers.

It’s a bad idea, all the way around.

- Steven M. Gursten heads Michigan Auto Law and is recognized as one of the nation’s top motorcycle accident lawyers. He received the highest motorcycle settlement in Michigan last year, according to Michigan Lawyers Weekly. Steve has spoken at trial seminars on motorcycle injury lawsuits, and is available for comment on Michigan’s motorcycle helmet laws.

Related information to protect yourself:

What to do after a Michigan motorcycle accident

Motorcycle accident lawsuits in Michigan

Editorial: No time to repeal motorcycle helmet sanity

Michigan Auto Law is the largest law firm exclusively handling car accident, truck accident and motorcycle accident cases throughout the entire state. We have offices in Farmington Hills, Detroit, Ann Arbor, Grand Rapids and Sterling Heights to better serve you. Call (800) 777-0028 for a free consultation with one of our motorcycle lawyers.

Kansas City Auto Accident Blog

Response to biker comment about car drivers causing motorcycle accidents

I received this comment below from Arlin after my blog: Saving lives is more important – keep Michigan’s motorcycle helmet law. According to Arlin, it’s distracted drivers of cars and trucks who cause most motorcycle accidents, not bikers themselves.

Here’s what Arlin had to say:

“Let me ask you this Mr. Lawyer, why don’t the auto-drivers pay more for when they cause the motorcyclist to crash? I’m not sure of the percentages, but isn’t the person who is driving a car at fault most of the time? Why should we pay extra for them? We (bikers) aren’t texting, or on the phone or eating while we are riding! We are on the lookout for the average dumbaa@$ to run us over, watching out for obstacles in the road, and other distracting things the drivers of cars are doing. I have over a million and a half miles under my (belt) from being a commercial driver, and a motorcycle enthusiast… I‘ve seen a lot of stupid things on the road out there, and if I was a cop, I could have written hundreds of tickets a month. Bottom line is cars are the real hazard, and they should pay if they are at fault, just like the motorcyclist should pay if he is at fault. What’s fair is fair.”

Arlin: I agree with you that many motorcycle accidents are caused by distracted drivers of automobiles and trucks. I even addressed this in my blog, How to drive safely around motorcycles in Michigan.  The point I’m always trying to make is how important motorcycle helmet use is, especially with the recent push to repeal Michigan’s motorcycle helmet requirement law. With the increase in motorcycle accident fatalities in Michigan,  I was writing on safety and prevention of accidents.  Certainly car drivers need to be aware of motorcyclists, and part of the problem is many drivers don’t’ “see” a biker who is on the road to begin with.

But as you write, even if you are a very safe rider, accidents can still happen, which is why I’ve been writing about the need to wear a helmet. Studies by NHTSA clearly show that helmet use can prevent traumatic brain injury, catastrophic personal injury, and even death from serious motorcycle accident crashes.

So bikers, why wouldn’t you wear a helmet?!

As to your suggestion about who should pay… If the driver of a car causes the motorcycle accident, the first person responsible for the motorcyclist’s No-Fault benefits would be the auto insurance company of the owner of the automobile involved in the accident with the motorcycle.

So to answer Arlin’s question, when a car causes a motorcycle accident, it is the at-fault driver who is responsible for the biker’s insurance benefits.

Here’s a blog I wrote on the subject: I was in a motorcycle accident in Michigan: How do I get No-Fault benefits?

Arlin, thank you for reading my safety blog. I respect your opinion. I think we both would like to  keep motorcyclists safe, and to help prevent motorcycle crashes from ever occurring by pushing for stronger safety standards and laws.  And when they do occur, we would both like to reduce the likelihood of a totally catastrophic outcome, which is why I’ve been writing about the need to save the Michigan motorcycle  helmet law.

I believe motorcyclists and auto drivers need to share the road and protect each other. However, I’d like to remind drivers to respect the space of bikers by paying extra attention when you’re driving around them, and trying to stay as far away from them as possible. This will further help to keep motorcyclists safe.

Share the road.

- Steven M. Gursten heads Michigan Auto Law and is recognized as one of the nation’s top motorcycle lawyers. He received the highest motorcycle accident settlement in Michigan last year, according to Michigan Lawyers Weekly. Steve has spoken at trial seminars on motorcycle lawsuits, and is available for comment.

Related information to protect yourself:

How long do I have to file a motorcycle accident lawsuit?

Michigan’s current motorcycle helmet law

Choosing a safe motorcycle helmet

Michigan Auto Law is the largest law firm exclusively handling car accident, truck accident and motorcycle accident cases throughout the entire state. We have offices in Farmington Hills, Detroit, Ann Arbor, Grand Rapids and Sterling Heights to better serve you. Call (800) 777-0028 for a free consultation with one of our motorcycle lawyers.

Michigan Auto Lawyers

Major predictors of motorcycle accidents and serious injury

I came across this list from the National Highway Traffic Safety Administration (NHTSA) and I wanted to share it with my fellow motorcycle accident lawyers and my readers who are bikers.

There’s always talk in the media about motorcycle accidents in Michigan, especially given the recent proposed laws to repeal the helmet requirement. Some driving behaviors are obvious predictors of motorcycle crashes. I’ve written about this many times, and hopefully we can prevent motorcycle accidents and keep  riders safe.

In an action plan to reduce motorcycle fatalities, the NHTSA listed the characteristics of motorcycle crashes, based on motorcycle accident injury and death statistics from 2005.

• Mostly Caucasians - The majority of motorcyclists killed were Caucasian (77 percent), followed by African-American (9 percent), Hispanic (7 percent) and Native American (1 percent).

• Motorcycle operators - The majority of those killed in motorcycle-related crashes were motorcycle operators (90 percent), while motorcycle passenger fatalities have been constant at 10 percent for several years.

• Males - Over the last decade, 90 percent of motorcyclists killed were male.

• Bikers with larger engines - The largest number of motorcycle fatalities (41 percent) is still in the 501-1,000 cc engine size group, followed by 38 percent in the 1,001-1,500 cc engine size group.

• Motorcyclists over 40 - Two-thirds of motorcyclists killed on 1,001-1,500 cc engine size motorcycles were riders over 40 years old.

• Drinking and driving bikers in fatal crashes - In 2005, 27 percent of all fatally injured motorcycle operators had BAC levels of .08 g/dL. An additional 7 percent had lower alcohol levels.

• Single-vehicle motorcycle accidents - Forty-one percent of the 1,878 motorcycle operators who died in single vehicle crashes in 2005 had BAC levels of .08 g/dL or higher. Sixty-one percent of those killed in single vehicle crashes on weekend nights had BAC .08 g/dL or higher.

• No motorcycle helmets - Forty-five percent of fatally injured motorcyclists did not wear helmets.

• States that don’t require helmet use - Helmet use rates are lower in states that do not require all riders to use helmets. In 2006, 68 percent of motorcyclists in states requiring helmets wore DOT-compliant helmets, compared to 37 percent in States not requiring all riders to use helmets.

• Weekend motorcycle crashes - Twice as many motorcycle fatalities occurred on weekends as opposed to weekdays.

• Multi-vehicle motorcycle accidents - Motorcyclists are more likely to be killed when there are crashes involving more than one vehicle; 55 percent were killed in multi-vehicle crashes, while 45 percent were killed in single vehicle crashes.

• When there is an invalid motorcycle license - Nearly one out of four motorcycle operators (24 percent) involved in fatal crashes were operating their vehicles with invalid licenses at the time the collision.

Please, always wear a motorcycle helmet. And if you have questions about motorcycle accidents and the law in Michigan, call one of our motorcycle accident lawyers at (800) 777-0028. There’s no fee or obligation, and we can answer all of your questions.

- Steven M. Gursten heads Michigan Auto Law and is recognized as one of the nation’s top motorcycle accident lawyers. He received the highest motorcycle accident settlement in Michigan last year, according to Michigan Lawyers Weekly. Steve has spoken at seminars on winning motorcycle accident lawsuits, and is available for comment.

- Photo courtesy of Creative Commons, by Anindo Ghosh

Related information:

Choosing a safe motorcycle helmet

Michigan motorcycle accident FAQs

What do to after a motorcycle accident in Michigan

Michigan Auto Law is the largest law firm exclusively handling car accident, truck accident and motorcycle accident cases throughout the entire state. We have offices in Farmington Hills, Detroit, Ann Arbor, Grand Rapids and Sterling Heights to better serve you.

Michigan Auto Lawyers

Choosing a safe motorcycle helmet

I’m expecting the motorcycle helmet law to be repealed this year in Michigan. And I’ve been writing on why it’s important for bikers to wear helmets - to help  prevent motorcycle accidents and deaths on Michigan roads.

Today, I wanted to write about the helmets themselves.  I just finished preparing for trial a very serious motorcycle accident case where my client was hit by a car and suffered a significant traumatic brain injury (TBI). The injury is tragic, but what makes it important to discuss here was how the defense lawyers for the insurance company on the car that caused the accident defended the case.  They argued that the helmet my client was wearing at the time contributed to his brain injury, and that my client was comparatively at fault (meaning the pain and suffering money we would be awarded should be reduced) because he was wearing a motorcycle helmet that did not comply with federal safety standards.

It is a dangerous defense for a motorcycle lawyer.  Many jurors already are predisposed to blame bikers just for riding a motorcycle, and I’ve found examining these jurors on their beliefs to be one of the most important things to winning motorcycle accident cases. But the helmet defense is a defensive attribution argument that will resonate with many jurors. The focus of today’s blog is not to talk about how to defeat this argument. The best way to defeat it is to avoid it entirely: wear a safe helmet.  The reality is that if motorcyclists aren’t wearing the right helmets, they will do little good in a serious motorcycle crash. The wrong motorcycle helmet will not protect against traumatic brain injury and spinal cord injury.

It’s important to remember that the U.S. Department of Transportation (DOT) requires that all motorcycle helmets sold in the United States meet Federal Motor Vehicle Safety Standard (FMVSS) 218. This standard defines minimum levels of performance that helmets must meet to protect the head and brain in the event of a motorcycle accident.

If your helmet does not meet this standard, you are breaking the law when riding in states that require helmet use by law (as of now, Michigan law requires helmet use). A lot of helmets are sold as novelty items and bikers often mistake them for being safe and legal.

Take a look at the list below from our motorcycle accident attorneys. This should help you decipher between the safe helmets and novelty helmets during your next shopping trip.

Good helmet: Helmets that meet the minimum Federal safety standard have an inner liner, usually about one-inch thick of firm polystyrene foam. Sometimes the inner liner won’t be visible, but you should still be able to feel its thickness.

Bad helmet: Unsafe helmets normally contain only soft foam padding or a bare plastic shell with no padding at all.

Good helmet: Helmets meeting the DOT safety standard will have sturdy chinstraps with solid rivets.

Bad helmet: Helmets that do not meet the safety standard may not have chinstraps, or straps that are not properly secured.

Good helmet: Helmets meeting FMVSS 218 generally weigh about three pounds. Become familiar with the weight of helmets that comply with the Federal safety standard. These helmets provide a more substantial, heavy feel.

Bad helmet: Depending on the design, unsafe helmets can weigh only one pound or less.

Good helmet: The DOT safety standard does not allow anything to extend further than two-tenths of an inch from the surface of a helmet. Visor fasteners are allowed.

Bad helmet: Because the standard does not allow anything to extend further than two-tenths of an inch from the surface of a helmet, a spike or other protruding decorations indicate a helmet that’s not safe.

Good helmet: You’ll need to check for weight, thickness, sturdy chinstraps, as well as the “DOT” and manufacturer’s labels to make sure the helmet meets the Federal safety standard. Familiarize yourself with brand names and designs of helmets that comply with DOT requirements. For example, a full-face design is a good indicator of a safe helmet.

Bad helmet: A design such as the German Army style or skullcap style may be a clue to an unsafe helmet. Unsafe helmets are noticeably smaller in diameter and thinner than ones meeting the DOT standard.

Good helmet: Helmets that meet the federal requirement must have a sticker on the outside back of the helmet with the letters “DOT.” This certifies that the helmet meets or exceeds FMVSS 218.

Bad helmet: I’ts important to note that some novelty helmet sellers provide DOT stickers separately for motorcyclists to place on unsafe helmets.

Good helmet: In addition to the DOT sticker, labels located inside the helmet showing that a helmet meets the standards of private, non-profit organizations such as Snell or the American National Standards Institute (ANSI) are good indicators that the helmet also meets the Federal safety standard.

Bad helmet: An unsafe helmet will not have either of these stickers. The U.S. Department of Transportation has stated that it has never seen a novelty helmet that has a phony DOT sticker in addition to a phony Snell or ANSI label.

Good helmet: Manufacturers are required to place a label on or inside the helmet stating the manufacturer’s name, model, size, month/year of manufacture, construction materials and owner’s information.

Bad helmet: A helmet that does not meet the Federal safety standard usually will not have such labeling. Remember, a DOT sticker on the back of the helmet and proper inside labeling do not necessarily indicate that a helmet meets all DOT requirements. Many helmets have counterfeit DOT stickers and a limited few also have manufacturer’s labeling. But the design and weight of a helmet, thickness of the inner liner, and the quality of the chin strap and rivets are extra clues to help distinguish safe helmets from non-complying ones.

- Source – U.S. Department of Transportation

Here’s a video on choosing the right motorcycle helmet, from the National Highway Traffic Safety Administration.

If you’ve been in a motorcycle accident and need help, call Michigan Auto Law at (800) 777-0028. One of our motorcycle attorneys will answer all of your questions, and there’s no cost or obligation.

- Steven M. Gursten heads Michigan Auto Law and is recognized as one of the nation’s top motorcycle attorneys. He received the highest motorcycle accident settlement in Michigan last year, according to Michigan Lawyers Weekly. Steve has spoken at seminars on winning motorcycle accident lawsuits, and is available for comment.

- Photo courtesy of Creative Commons, by Ranier Ebert

Related information:

Is the Michigan motorcycle helmet law a thing of the past?

15 motorcycle driving tips to keep you safe

What to do after a motorcycle crash in Michigan

Michigan Auto Law is the largest law firm exclusively handling car accident, truck accident and motorcycle accident cases throughout the entire state. We have offices in Farmington Hills, Detroit, Ann Arbor, Grand Rapids and Sterling Heights to better serve you.

Michigan Auto Lawyers

May is Motorcycle Accident Safety Awareness Month

The sun is finally out and that means more bikers on the roads. As an accident lawyer who helps many people injured in motorcycle accidents, I want to share that May is Motorcycle Safety Awareness Month.

The National Highway Traffic Safety Administration (NHTSA) wants drivers and motorcyclists to share the road with each other – in efforts to prevent motorcycle accidents and deaths.

As I always say, one of the key factors in motorcycle safety is motorcycle helmet use.

•    According to the NHTSA, motorcycle helmets saved 1,829 motorcyclists’ lives in 2008.

•    Motorcycle helmets do not interfere with the rider’s vision or hearing.

Here’s a list of safe driving tips for bikers, and a list with safety tips for people driving around motorcyclists.

Please, always wear a motorcycle helmet. And if you have questions about motorcycle accidents and the law in Michigan, feel free to call one of the motorcycle lawyers at Michigan Auto Law at (800) 777-0028. We can answer all of your questions, and there’s no fee or obligation.

- Steven M. Gursten heads Michigan Auto Law and is recognized as one of the nation’s top motorcycle lawyers. He received the highest motorcycle accident settlement in Michigan last year, according to Michigan Lawyers Weekly. Steve has spoken at seminars on winning motorcycle accident lawsuits, and is available for comment.

Related information:

Is the Michigan motorcycle helmet law a thing of the past?

Michigan motorcycle accident law - FAQs

What to do after a motorcycle crash in Michigan

Michigan Auto Law is the largest law firm exclusively handling car accident, truck accident and motorcycle accident cases throughout the entire state. We have offices in Farmington Hills, Detroit, Ann Arbor, Grand Rapids and Sterling Heights to better serve you.

Michigan Auto Lawyers

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Michigan motorcycle accident deaths increase by 21 percent

Last week, a study on Motorcyclist Traffic Fatalities by State was released by the Governors Highway Safety Association. The good news is the study reported an 2.4 percent drop in wrongful death motorcycle accidents throughout the country from 2009 to 2010. The alarming news is that  Michigan bikers had a near 21 percent spike in motorcycle accident deaths.

According to the study, which tracked motorcycle accident deaths throughout a nine-month period in 2009 and 2010, in Michigan, 92 bikers were killed in 2009 and 111 were killed in 2010.

That’s a horrific increase, considering most of the other states had drops in motorcycle deaths.  Texas had 60 less motorcycle accident deaths than the year before.

Even more troubling is Michigan had the third highest increase in motorcycle accident fatalities in the entire U.S., trailing behind only New York and Wisconsin.

As a motorcycle accident lawyer, it’s infuriating that at the same time that Michigan has the third highest spike in motorcycle accident deaths, our legislators are on the verge of repealing  the helmet law. Talk about being tone deaf to the underlying facts.

What does this all mean? It means that although other states are tightening motorcycle safety,  Michigan is going the other way. Decreased helmet use (especially after the repeal law), combined with more people riding motorcycles than ever before and the start of spring is a bad combination for bikers and public safety.

Another cause for worry is something the Detroit Free Press reported on in its article – Motorcycle deaths drop but trend worrisome. The study stated that nationwide, there were 80 fewer motorcycle deaths from January through September of 2010 than in the same time frame the previous year.

But biker injuries and fatalities started to climb back up during the last three of those nine months. This is worrying safety advocates and motorcycle accident lawyers alike. The drop is all in the front half of the year, and biker deaths rose during the second half of the year – rising 3 percent in the third quarter.

This signifies that  motorcycle deaths from crashes have hit rock bottom and are starting to increase.
Meanwhile, I found this action plan from the U.S. Department of Transportation on reducing motorcycle fatalities.

- Steven M. Gursten heads Michigan Auto Law and is recognized as one of the nation’s top motorcycle lawyers. He received the highest motorcycle accident settlement in Michigan last year, according to Michigan Lawyers Weekly. Steve has spoken at trial seminars on winning motorcycle accident lawsuits, and is available for comment.

Related information:

What to do after a motorcycle accident in Michigan

How long do I have to bring a motorcycle accident lawsuit?

Michigan motorcycle accident law - FAQs

Michigan Auto Law is the largest law firm exclusively handling car accident, truck accident and motorcycle accident cases throughout the entire state. We have offices in Farmington Hills, Detroit, Ann Arbor, Grand Rapids and Sterling Heights to better serve you.

Michigan Auto Lawyers

This post was made using the Auto Blogging Software from WebMagnates.org This line will not appear when posts are made after activating the software to full version.

Man killed in hi-speed Puyallup motorcycle accident

Home Posted On: April 10, 2011 by The Farber Law Group

A 24-year-old motorcyclist was killed in Puyallup-area motorcycle accident late Saturday night in a head-on car collision. The motorcyclist has been identified as Tyler Huber.

The News Tribune of Tacoma reports that the motorcyclist was driving his 2009 Suzuki GSXR10 at speeds of more than 100 miles per hour on State Route 167 when he hit a 1993 Chevrolet Lumina.

The motorcyclist was thrown 440 feet and was killed. The driver of the Lumina was taken to Good Samaritan Hospital in Puyallup, treated and released.

The Washington State Patrol is investigating whether the motorcyclist was driving under the influence of alcohol or drugs at the time of the motorcycle accident. Witnesses reported that the man was weaving in and out of traffic prior to the accident.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in motorcycle and car accidents and the family of those killed. With our help, you may recover compensation for your damages.

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Rider Killed in Mint Hill, North Carolina Motorcycle Accident

Next » Posted On: January 22, 2011 by Michael A. DeMayo

Motorcyclist Richard Cullinan was killed in a Mint Hill, North Carolina traffic accident on Thursday. Police say that the 41-year-old motorcyclist was approaching the Evans Road intersection on NC 51 when a Ford Windstar van pulled into his path in an attempt to turn left. Cullinan, who lost control of his bike, was thrown into the air before crashing into a Jeep Cherokee. He was pronounced dead at the Mint Hill motorcycle crash site.

Speed doesn’t appear to be a cause of the crash, but the authorities are continuing to investigate what happened. Depending on the evidence, criminal charges may be filed against at least one of the drivers. That said, regardless of whether a criminal case is pursued, Cullinan’s loved ones may have grounds for filing a Mecklenburg County wrongful death case against any responsible parties.

North Carolina Motorcycle Accidents
Although North Carolina traffic laws mandate that motorists and motorcyclists share the road safely with each other, this is not always the case, and it is usually the rider who sustains the more devastating injuries. Granted, the state requires all motorcyclists to wear a helmet, but sometimes the impact of landing on the road or into a concrete wall or colliding with a tractor-trailer or another vehicle can be too much for any protective gear to withstand.

To prove liability, an intensive investigation will have to be conducted and questions such as who was at fault in causing the crash, what were the road and traffic conditions at the time, who had the right of way, was anyone driving under the influence, were traffic rules disobeyed, and were their any vehicle defects involved may need to be asked and answered.

Mint Hill man dies in motorcycle wreck, WBTV, January 21, 2011

Related Web Resources:
Motorcycle Accidents, Nolo

State Motorcycle Riding Laws

Working with an experienced Mint Hill motorcycle accident law firm can increase the chances of obtaining the maximum recovery possible.

Posted by Michael A. DeMayo

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Couple Fitted with Prosthetic Legs Following Deadly North Carolina Motorcycle Crash

Next » Posted On: February 28, 2011 by Michael A. DeMayo

According to the Hickory Daily Record, the couple that survived a 2009 Catawba motorcycle accident must now use prosthetic legs. Roger and Cindi Seibers were injured on September 4, 2009.

The Dodge truck that struck the couple had crossed the center line. The impact of the crash caused the Seibers’ motorcycle to travel 131 feet. While Cindi, 49, was tossed into the underbrush, Roger, 54, ended up pinned under his motorcycle.

In addition to their severe leg injuries, Cindi lost broke her neck. Roger had a compound fracture of his femur and was burned to the bone by his bike's hot tailpipe.

The couple was hospitalized for two months, and they were initially confined to wheelchairs. Cindi also required in-home nursing care for half a year. The Catawba County motorcycle accident has drastically altered the couple's previously active lifestyle.

Police are still investigating the Catawba traffic crash. The Seibers are hoping that the driver comes forward.

North Carolina Motorcycle Accidents
Although riding a motorcycle is generally considered more dangerous than riding a car, truck, or bus, this does not mean that serious injuries have to happen. Contrary to popular belief, most motorcyclists are safe riders that obey the rules of the road and they have every right to be there.

An experienced Catawba motorcycle crash lawyer can help determine who was at fault. For example, a driver may have been distracted or failed to stop in time to avoid causing a North Carolina traffic crash. Speeding, aggressive driving, or drunk driving may have been factors. Vehicle defects and road hazards are also common causes of motorcycle accidents.

Motorcyclists seek answers in life-threatening crash, Hickory Daily Record, February 10, 2011

Related Web Resources:
Insurance Information Institute

Motorcycle Accidents, Nolo

More Blog Posts:
Rider Killed in Mint Hill, North Carolina Motorcycle Accident, North Carolina Accident Lawyer Blog, January 22, 2011

Decrease in Helmet Use Causing More Young Motorcyclists to Suffer Traumatic Brain Injuries, North Carolina Accident Lawyer Blog, November 30, 2010

Charlotte, North Carolina Motorcycle Crash Kills 51-Year-Old Motorcyclist, North Carolina Accident Lawyer Blog, November 4, 2010

Contact our Catawba, North Carolina personal injury law firm today.

Posted by Michael A. DeMayo

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Arizona motorcycle accident ends with one person dead

March 17th, 2011 by admin Leave a reply »

A man from Minnesota was killed in a motorcycle accident in Arizona after he collided with a police car.

The accident occurred as the 56-year-old man was riding his motorcycle accident on State Route 65 and he suffered from type of medical issue. The motorcycle crossed the other lane and into the path of the police cruiser.

The man was ejected from the motorcycle as a result of the accident. The woman was taken to the hospital to be treated for his injuries, but he was later pronounced dead. The investigation into the accident continues at this time.

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