Our Kalamazoo motorcycle accident attorney is reporting a motorcycle crashthat took place at the intersection of Sprinkle and Milham.  According to the police, the motorcyclists suffered injuries and was taken to the hospital.  The motorcycle accident is under investigation.

I am very sorry to hear about this accident and hope the biker has a fast recovery without any permanent damages.

Our Michigan motorcycle accident lawyers advise victims of their legal rights. If the motorcycle crash did not involve contact with another motor vehicle, a legal claim can not be made. However, if the bike accident did involve another motor vehicle, the motorcyclist may be able to make a claim for Michigan no-fault insurance benefits. These benefits provide for payment of medical expenses, lost wages, attendant care services, and other benefits. The injured victim may also be able to make a personal injury claim against the driver if found negligent.

Victims of motorcycle accidents do have legal rights. If you or a family member suffer injuries due to a bike accident, contact our office immediately to discuss your case. Call us now at (800) 606-1717.

By settling the Property Damage ("PD") claim as soon as the evidence of all the personal property losses are assembled AND LATER settling the Personal (or "Bodily") Injury ("BI") claim when the extent of the harms and losses can be ascertained, injured cyclists can amerliorate their losses and keep from unwittingly giving the insurance company an "interest free loan." Some bikers make the mistake of settling early after an accident with a truck or car, before they know how badly injured they really are. Others get a check and quickly cash it, for their PD or BI claim, not realizing that the notation "Full and Final Release of All Claims" means that they cannot seek reimbursement for any other losses and may not file a lawsuit for redress in Court !

Virginia biker injury lawyer Doug Landau of the Herndon law firm ABRAMS LANDAU, Ltd. points out that most cases seem to resolve when the liability or "fault" of the driver is clear and the cyclist's injuries are straightforward. The "PD claim" can settle shortly after the bicycle crash, without signing a "Release" of "Any and All Claims." And later (but within the state's time limits for filing a lawsuit against a negligent driver), the disabled cyclist can settle the "BI claim." The injured cyclist can get a replacement bike, repairs, equipment, components, clothing, etc. right away and not give the auto liability insurer and "interest free loan." Then, when the injuries are on the mend, the permanency calculated and future care costs evaluated, the case for compensation for the physical injuries, lost earnings, mental trauma, scarring, loss of consortium and future specials can be made. If you or someone you know has been injured as the result of a truck or car crash while riding their bicycle, please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, as there are strict time deadlines with such claims.

Many injured bike riders make the mistake of waiting to get a settlement check months and years after a crash with a negligent truck or car driver. With a smashed bike, cracked helmet, broken GPS or cycle computer and perhaps bloody cycling clothes, a number of injured athletes, bicycle commuters and bike racers replace their ruined equipment and kits, and unintentionally give the insurance companies an "interest free loan" in the process. How is this possible ?

When a bicycle accident case is reported to a truck or car driver's motor vehicle liability, the claims adjuster "sets reserves." In other words, the insurance company's employee puts aside money to pay the claims. It is plural because many car insurance policies provide for coverage for PROPERTY DAMAGE ("PD claims") as well as BODILY INJURY ("BI claims"). The longer they have the use of this money, to invest, place in reserves, keep on their books, the better their bottom line (and the worse the injured cyclist's !).

However, many injured cyclists either do not know to request reimbursement for their property losses and often settle their cases at the wrong times and for the wrong amounts. Virginia biker injury lawyer Doug Landau of the Herndon law firm ABRAMS LANDAU, Ltd. points out that bicycles, components, equipment and clothing do not "heal" over time. Unlike physical injuries, which take different amounts of time to heal among cyclists, damaged property stays damaged unless it is fixed, or in the cases of helmets, frames and glasses, replaced. It is important to assemble the proof of losses after a bicycle accident. Sending copies of the sales receipts, photographs of the equipment claimed to have been damaged in the car wreck or clothing cut apart by the EMTs after an accident with a negligent trucker. Without documentary and photographic support, most insurance adjusters will not fully appreciate the claimed losses and their settlement offers to the injured bikers will be much less than the actual losses caused by their insured motor vehicle operators. In tomorrow's post, W&OD Trail bike crash lawyer Landau will look at how to legally and properly get two settlement checks from the same negligent driver's car insurance company.

A bicycle rider was severely injured in an accident on a rainy day in California. A car pulling into a parking lot was struck broadside by the Los Angeles bicyclist. The police charged the cyclist because:

1. 1. the bike rider was not riding in the marked bike lane
2. 2. the bike rider was riding on the sidewalk
3. 3. the bike rider was going the wrong way (against traffic)
4. 4. the bike rider did not have lights, reflectors or even a helmet

However, the driver contacted Virginia bike injury lawyer Doug Landau of the Herndon law firm ABRAMS LANDAU, Ltd. because of the possibility of a future liability lawsuit. While people sue for all sorts of reasons, and filing a personal injury lawsuit is not prohibited in many cases, the real question is would the plaintiff prevail in a court of law. Landau assured the worried motorist that this case would be dismissed in Virginia, and probably not even be filed because of the doctrines of Assumption of the Risk, Contributory Negligence, and because the cyclist would be found to be "at fault."

In states where the plaintiff must be found to be less than 50% responsible for an accident, the injured cyclist could try to proceed. However, even if successful, the judge would reduce the verdict by the percentage responsibility, as is the case in matters Doug Landau has successfully concluded in New Jersey (i.e., if the verdict is for $100,000, and the jury finds the injured plaintiff 35% to blame, the judgment is reduced to $65,000). These states, unlike the Commonwealth of Virginia (where the fault of the parties are NOT compared) are referred to as "comparative fault" jurisdictions. Lastly, in jurisdictions like California and New York, the cyclist can bring a lawsuit, and potentially win a verdict even if the defendant driver was only 30% "at fault" for causing the crash, and cold collect 30% of the verdict. So, in this case, the injured biker could bring a lawsuit but the chances of winning are slim, and the resultant verdict would likely be reduced by the trial court. If you or someone you know or care for has been injured as the result of a car, truck, bicycle or motorcycle crash and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

This past week, the Minnesota Tribune editorial board put out an interesting piece on what could be done to prevent future problems like what happened in the Koua Fong Lee case. The whole thing is worth the read.

What I totally agree with is the part about the gap in available sentences:

• Establish a middle-ground careless-driving charge. Prosecutors have two choices for charging out accidents like Lee's. There's the felony criminal vehicular homicide charge, which can be difficult to prove. Their only other option: careless driving, the equivalent of running a stop sign. It's too big a gap. A gross misdemeanor charge, which could lead to a one-year jail sentence, is needed. The Minnesota County Attorneys Association will likely press for this change in the upcoming legislative session. Lawmakers should heed their concerns and act quickly.

You see this issue in many wrongful death cases. There needs to be something in between that felony and a misdemeanor. The cases of a driver running a stop or yield sign just don't seem to reach the felony, but it is just another strike at a grieving family when the driver walks with a petty or misdemeanor careless driving conviction as if he was all alone on the road.

I have thought that with a tiered set of charges, that the degrees that exist with DUI charges might be the way to go. This way, depending on the factors, a more just punishment could be looked at for everyone involved.

I know that there are many families of motorcycle riders who have been killed on the highways who will always believe that justice was not served in the loss of their loved one. It's a hot topic each year as their groups head to the capitol. Hopefully, with a renewed interest by more groups, we will see this change happen.