May is Michigan motorcycle safety month and the ideal time to remind motorists about the importance of driver safety. Although many motorists blame bikers for their accidents, the facts show that most often a motorcycle accident is caused by a careless motorist.  Increasing driver awareness can help reduce the number of these serious accidents.

Motorcyclists are much more vulnerable to crashes than other drivers. Many crashes occur because motorcycles are hidden in a vehicle’s blind spot. It is important that motorists always make a visual check for motorcyclists by checking mirrors and blind spots before entering or leaving a lane of traffic. As a resource, our Michigan motorcycle accident lawyer would like to provide bike safety tips provided by the National Safety Council.

The National Safety Council provides these tips for motorists and motorcyclists:

Motorists

• Allow greater following distance behind a motorcycle.
• Be extra cautious in intersections. Most crashes occur when a motorist fails to see a motorcyclist and turns left in front of a motorcycle.
• Give a motorcycle the full lane width – never try to share a lane.

Motorcyclists

• Avoid riding in poor weather conditions.
• Position motorcycle in lane where you will be out of a motorist’s blind spot.
• Use turn signals for every turn or lane change.

Fatalities involving motorists and motorcyclists increased 131 percent between 1998 and 2008. The mileage death rate for motorcyclists in 2007 was 37 times greater than for passenger car occupants. It is essential that motorcyclists in Michigan have the proper insurance coverage for their bike in the event of a motorcycle accident.  You can download a free Michigan motorcycle insurance report at www.FreeMotorcycleReport.com.

In the event of a motorcycle accident, it is essential that an injured biker or passenger fully understand their legal rights.  An injured biker may be entitled to recover lost wages for time missed from work, full payment of accident related medical expenses, and other benefits.  The biker may also be entitled to significant compensation for pain and suffering, disability, and other injuries.  To learn more about these rights, bikers can request a free consumer guide at www.MichiganMotorcycleBook.com.

With riding season now officially underway in the State of Michigan, thousands of bikers are now on the roads and highways everyday.   Anyone who has spent time travelling in Michigan is well aware of the number of dangerous potholes on our roadways.  These road defects present driving hazards to motorists in general, but to bikers a pothole can lead to a serious injury accident. 

There is no question that the Government is responsible for maintaining roadways in reasonable repair. Michigan has several statutes that relate to a Governmental agency’s duty to properly maintain roadways.  A biker injured due to a defective road condition or pothole can file a claim against the government agency for accident related injuries.

MCL 691.1402 says in pertinent part “. . . each Governmental agency having jurisdiction over highways, shall maintain the highway in reasonable repair so that it is reasonably safe and convenient for public travel. A person who sustains bodily injury or damage to his or her property by reason of failure of a Governmental agency to keep a highway under its jurisdiction and reasonable repair and in condition reasonably safe and fit for travel, must recover the damages suffered by him or her from the Governmental agency.”

To assert this type of claim, the injured biker is required by law to provide written notice to the government agency responsible for maintaining the roadway where the injury occurred.   The written notice must be served within 120 days of the injury, with very few exceptions, or the claim will be forever barred.  The notice must include the date of the injury, the precise location of the injury, the nature of the defect, and the names of any known witnesses.

In the event that a biker is injured due to a road defect in Michigan, it is essential that an experienced Michigan motorcycle accident lawyer be contacted as soon as possible after the accident.  This will insure that the matter is properly investigated and the required notice be sent to the governing agency to preserve the claim.  There are also claims for Michigan No-Fault insurance benefits that can be made and those have specific time deadlines as well.  

It is essential to contact an experienced Michigan motorcycle accident lawyer as soon as possible after the accident to preserve a claim.  A delay in properly submitting these claims, even by one day, will forever destroy even the most valid claim.  Time is of the essence for preserving these claims.

If you or a family member suffer injuries due to a road defect while riding a motorcycle, contact our Michigan motorcycle accident attorneys now. Call us at (800) 606-1717.

Earlier this month, Virginia (VA) launched a new program to help ensure that motorcyclists who are involved in an accident will receive proper medical treatment. The program is a collaborative effort between the Richmond Ambulance Authority, Bon Secours Virginia Health System and Motorcycle Virginia, Inc. Through the program, riders will be offered identification cards that can be placed inside a rider’s helmet. In addition, the rider will also be provided with a sticker to place on the outer shell of the helmet indicating that the biker has the rider alert card. The card itself is aimed at ensuring that first responders have some basic information, such as emergency contacts and important medical information, when arriving on an accident scene.

While this new program will hopefully assist first responders in providing treatment at the scene of an accident, it is also a reminder of what motorcyclists can do to prevent accidents from happening in the first place, and some basic principles of motorcycle safety:

• Never ride without a certified motorcycle helmet. A certified helmet will carry a “DOT” label on it, which ensures that the helmet meets Federal standards.
• Always wear appropriate eye protection. Eye protection -- even for motorcycles that have windshields -- prevents your vision from being affected by bugs, dirt, rocks, and even the wind.
• Wear appropriate shoes, gloves, and clothing. Your clothing should be durable, with long sleeves and pants, to protect the body in the event of an accident. Durable gloves ensure a firm grip on controls, and proper footwear, such as leather boots, help protect the lower part of the leg.
• Drive defensively. This is even more important for motorcyclists than for cars, since motorcycles are less visible to other vehicles on the road.
• Be particularly alert at intersections. Nearly 50% of motorcycle-vehicle collisions occur at intersections.
• Always check rearview mirrors before changing lanes or stopping.
• Watch the road surface and traffic ahead to anticipate problems and hazards. Minor irritations -- such as potholes, oil slicks, puddles, and debris -- can be particularly troublesome for motorcyclists.
• Assume that you are invisible to other motorists and take steps to make sure that other vehicles can see you. Wear brightly colored clothing, use headlights day and night, and avoid driving in a vehicle’s blindspot.

The bottom line of motorcycle safety is that riding a motorcycle presents unique challenges that drivers of other automobiles do not confront. Less stability, less structural protection, and greater susceptibility to road hazards all present safety issues that motorcyclists need to be aware of and address when riding.

About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, which has offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard as pro bono services.

Earlier this month, Virginia (VA) launched a new program to help ensure that motorcyclists who are involved in an accident will receive proper medical treatment. The program is a collaborative effort between the Richmond Ambulance Authority, Bon Secours Virginia Health System and Motorcycle Virginia, Inc. Through the program, riders will be offered identification cards that can be placed inside a rider’s helmet. In addition, the rider will also be provided with a sticker to place on the outer shell of the helmet indicating that the biker has the rider alert card. The card itself is aimed at ensuring that first responders have some basic information, such as emergency contacts and important medical information, when arriving on an accident scene.

While this new program will hopefully assist first responders in providing treatment at the scene of an accident, it is also a reminder of what motorcyclists can do to prevent accidents from happening in the first place, and some basic principles of motorcycle safety:

• Never ride without a certified motorcycle helmet. A certified helmet will carry a “DOT” label on it, which ensures that the helmet meets Federal standards.
• Always wear appropriate eye protection. Eye protection—even for motorcycles that have windshields—prevents your vision from being affected by bugs, dirt, rocks, and even the wind.
• Wear appropriate shoes, gloves, and clothing. Your clothing should be durable, with long sleeves and pants, to protect the body in the event of an accident. Durable gloves ensure a firm grip on controls, and proper footwear, such as leather boots, help protect the lower part of the leg.
• Drive defensively. This is even more important for motorcyclists than for cars, since motorcycles are less visible to other vehicles on the road.
• Be particularly alert at intersections. Nearly 50% of motorcycle-vehicle collisions occur at intersections.
• Always check rearview mirrors before changing lanes or stopping.
• Watch the road surface and traffic ahead to anticipate problems and hazards. Minor irritations—such as potholes, oil slicks, puddles, and debris—can be particularly troublesome for motorcyclists.
• Assume that you are invisible to other motorists and take steps to make sure that other vehicles can see you. Wear brightly colored clothing, use headlights day and night, and avoid driving in a vehicle’s blindspot.

The bottom line of motorcycle safety is that riding a motorcycle presents unique challenges that drivers of other automobiles do not confront. Less stability, less structural protection, and greater susceptibility to road hazards all present safety issues that motorcyclists need to be aware of and address when riding.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service.

On a daily basis, we all engage in activities that involve the use of countless consumer products. Toys, recreational equipment, appliances, tools, gadgets, and all other sorts of products are an integral part of our daily lives. Of course, when we are purchasing and using these products, we expect that they are safe for their intended use. Unfortunately, many products fail to meet our basic expectations of safety and the consumer ends up injured.

In its 2010 annual report, the Consumer Product Safety Commission, which monitors consumer products in the market and issues recalls, documented over 3,000 annual deaths that involved a consumer product and another 15 millions injuries related to product use. In total, the CPSC oversaw 427 product recalls in 2010. Of course not all of these deaths and injuries were the result of unsafe products. But, what exactly happens when you are injured as a result of using a consumer product? And more importantly, what should YOU as the consumer do?

The actions that you take following a product-related injury are important because as a consumer, you may have legal recourse against the manufacturer if the product was defective.

First, you should evaluate your injury, whether a product was involved, and if the injury was more serious than would be reasonably expected. The injured person might have been the one actually using the product, or someone who was merely watching or standing by. If someone did sustain an injury, you need to determine if a product was actually involved in the injury. Finally, in evaluating the injury, you want to ask yourself if it is the type of injury you might expect from using the product. Different products present different levels of risk--the types of injuries one expects from riding a bicycle, for example, are very different than the injuries you might expect from using a lawn mower. You need to consider whether your injury could have been foreseen given what you knew about the product beforehand and your own expectations of safety when using the product.

Second, after sustaining an injury, you should do your best to document everything that happened. At this point, if you still have the product involved, you should hold on to it in case it needs to be examined at a later date. Keeping the product is crucial to any legal claim you might have. It is also helpful to take photographs of the scene and product or at least write some notes down about what happened. What were you doing with the product when the injury occurred? What did the product do? What type of injury do you have? Hold on to any documentation you might have of the injury, for example medical records. Likewise, if you still have instructions and warning information that came with the product, you should hold on to those documents.

At the end of the day, if you have been the victim of a defective product, then you will need to speak to an attorney about your options. Proving that a manufacturer, wholesaler, or retailer of a product is to blame is a complex legal situation.

Demas & Rosenthal remains one of Sacramento’s most highly respected and accomplished personal injury law firms. We’ve been successfully representing clients for almost twenty years. Every Demas & Rosenthal attorney takes great pride in obtaining the full compensation and complete justice owed to every client.