Bicycle helmet saves Michigan Auto Law receptionist’s eye

Last week, one of our long-time receptionists, Lisa,  was in a terrible bike accident. Lisa was riding her bicycle over a bridge on Commerce Trail in Commerce Township, when her back tire slipped on some water.

She fell head-first onto the pavement, fracturing the orbital bone below her left eye. Our photo shows how bad Lisa’s bike injury was.

I’m glad to report that after emergency surgery, Lisa is healing well and already back to work.  What’s really remarkable about this bike accident is that Lisa’s bicycle helmet literally saved her eye — and quite likely prevented a serious brain injury.

Doctors told Lisa that if she was not wearing her bike helmet, she would have broken more bones in her face and that, in turn, would have displaced her eye.

The bike helmet also protected Lisa’s skull. If she didn’t have one, she certainly would have suffered a  concussion, and even a life-threatening traumatic brain injury (TBI) or closed-head injury from the trauma to her skull and brain.

I want to thank Lisa for allowing me to share this personal story.  Lisa said it would be a good thing for people to know how important a bicycle helmet is, and even offered to have her picture taken for this blog, so that it might serve as a warning for other bicyclists.

The irony is as an injury lawyer, I’ve been helping bicyclists hit by cars around Michigan for almost 20 years. My partner, Bobby Raitt, started the Michigan Association for Justice (MAJ) bike helmet giveaway to youth in under-served communities to help prevent pediatric traumatic brain injuries, when he served as  president of the MAJ. I’ve seen so many tragic bicycle accidents like Lisa’s, normally where people are hit by cars that simply don’t see them, or clipped as cars are driving by.  Many of these people suffer brain injuries and spinal cord injuries. And the bike accident injuries can be catastrophic when the rider is not wearing a helmet.

All of this is why I wanted to share with  my readers about Lisa’s bike accident. So please, always wear your bike safety helmets!

Consider the facts, according to the Insurance Institute for Highway Safety:

•    The most serious injuries among the majority of people killed in bicycle accidents are to the head.

•    Helmet use has been estimated to reduce traumatic brain injury and head injury risk by 85 percent.

•    91 percent of bicyclists killed in 2009 (the latest statistic available) weren’t wearing helmets.

Many people think it can’t happen to them. But bike accidents are very common, especially in Michigan where almost all of our cities do not have bike lanes.   Maybe Detroit will take a page from Mayor Bloomberg’s NYC, where the number of bike paths in the city has multiplied to make the city greener and safer for bicyclists.

Below are some safety tips to help  our bicyclists stay safe.

1. Obey traffic lights, stop signs, one-way streets and other basic traffic laws. A bicyclist has the same rights and duties on the road as drivers of other vehicles, and additional responsibilities.

2. Ride as far “as practicable” to the right (or to the outside lanes on a one-way street), particularly when traffic is moving faster than you are.

3. Be prepared to yield at all times.

4. Use hand signals when turning or moving from a lane.

5. Yield the right-of-way to pedestrians. Give audible warning when passing a pedestrian.

6. Keep at least one hand on your handlebars. Keep control of your bicycle at all times.

7. Saddlebags, racks, baskets, and backpacks are all good ways to carry packages, as they free your hands for safe riding.

8. Use a headlight with a white light visible from ahead, and a red reflector/light visible from behind, when riding from sunset to sunrise or whenever visibility is poor. Wear reflective clothing as well.

9. Keep brakes adjusted so that, when braked, your bicycle skids on clean, dry pavement.

10. Ride astride a fixed seat. Riding “double” is discouraged.

11. Ride no more than two abreast.

- Steven M. Gursten is an accident lawyer and partner of Michigan Auto Law. He handles bike accidents, and received the top verdict for a car or truck accident in the state for 2008, 2009 and 2010, according to Michigan Lawyers Weekly.

- Safety tips provided by Northville Township Police

Related information to protect yourself:

The truth about delayed and missed traumatic brain injury diagnosis

Michigan bike accident lawyer on anti-bike bias by police

Symptoms of traumatic brain injury

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 Michigan bike accident lawyers.

Michigan Auto Lawyers

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

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

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