We Fight

And Win For Injured Motorcyclists

Ann Arbor, Michigan

 

 

Last month, I spent a week in Ann Arbor, Michigan trying a case for an unhelmeted motorcyclist who was struck by a minivan. It was a tough case, but my team and I always fight hard for our clients, and this case was no different. In the end, our hard work paid off when a verdict of more than half a million dollars was rendered for our client. Read on for details of the case, how we won it for our client, and some of the bigger lessons we can take away from this incident.

 

Injured? Call 1-877-BIKER-LAW

 

Unhelmeted Motorcyclist Struck by Minivan in No-Passing Zone

 

Our client was riding his motorcycle on a two-lane country road when he saw up ahead that a minivan was stopped in the lane. The driver had pulled to the right side of the lane, but only her passenger tires were across the fog line; she did not pull fully onto the shoulder. Our client slowed down from around 55mph to about 25mph, and started to go around her vehicle; he didn't even cross the double yellow line. Suddenly, the minivan swerved into a left turn, smashing into my client on his motorcycle as she attempted a U-turn. 

 

Needless to say, when a minivan plows into a motorcycle, the outcome is not often good for the rider. My client had a variety of serious injuries including a broken clavicle that required surgery, a head injury, road rash, and two years after the crash he required surgery on his lower back as a result of the crash. 

 

Injured? Call 1-877-BIKER-LAW

 

Fault, negligence, and the unhelmeted rider

 

Full disclosure: most of our cases -- I would say 95%, maybe more -- settle. In my opinion, because of our specialized knowledge and how we litigate (offensively, not defensively), most of our clients are able to get fair compensation for their injuries without having to go to trial. 

However, in this case, and unfortunately many others where the injured motorcyclists is unhelmeted, the defense law firm and the insurance company we were up against were betting on what is known as the 50% rule. 

 

The 50% rule works like this: If the defense lawyers can convince the jury that the plaintiff (my client) is more than 50% at fault for the accident (50% negligent), they don't have to pay for non-economic damages like pain and suffering, loss of enjoyment of life, scarring and disfigurement, and other long-term effects of the crash. To boil it down, the defense team was betting that a jury would find my client, the injured motorcyclist, more than 50% negligent or at fault in the crash mostly because he wasn't wearing a helmet (they also argued he was passing on a double yellow line). 

 

Injured? Call 1-877-BIKER-LAW

 

The Motorcycle Lawyer Fights for Unhelmeted Motorcyclist's Rights

 

As The Motorcycle Lawyer, this way of thinking is extremely frustrating and, in my opinion, wrong. But it has come up time and time again since Michigan's helmet law was repealed in 2012. I have done focus groups (mock trials) and talked to laypeople (motorcyclists and non-motorcyclists) about unhelmeted riding, and the general consensus seems to be that people think that riding without a helmet puts a motorcyclist at higher risk than riding with a helmet. Basically, from my research it seems like people think unhelmeted riders are putting themselves in a worse starting position than someone wearing a helmet; many non-riders in particular think that motorcyclists who do not wear a helmet are negligent for not doing so.

 

Fighting for my client meant filing a motion to exclude the argument that it is negligent not to wear a helmet. After all, the helmet (or lack thereof) didn't cause the crash or the injury… the driver of the van did when she pulled out without looking and smashed into my client. So why should the defense team be allowed to even discuss it? In fact, all of the defense witnesses, accident reconstructionists, police officers, and state troopers agreed with me during my cross-examination that my client, the injured motorcyclist, was 100% legal while riding that day: he was over 21 years old; he had a motorcycle endorsement; his bike was registered; he had the extra medical insurance coverage required if you want to ride helmetless. So how can a motorcyclist be totally legal and within his rights, and still be negligent?

 

My client had severe, lifelong injuries: a broken collar bone that needed surgery, fractured ribs, collapsed lung, and some scarring, to name a few. Realistically, these injuries probably would not have been prevented by wearing a motorcycle helmet. And yet, the judge denied my motion, allowing the defense to argue that my client, the injured motorcyclist, was negligent for not wearing a helmet and therefore shouldn't get any compensation for his pain and suffering; for the loss of enjoyment of his life; the lifelong scarring and disfigurement;  or any other long-term effects of the crash. In the end, every single member of the jury assigned my client some negligence, and not  wearing a helmet was a factor in this.

 

Fortunately, the jury was able to understand that the minivan driver, who pulled out into traffic without even looking, and hit my client on his motorcycle causing him irreversible injuries, excruciating pain, and lifelong scarring, was more at fault in the crash. Justice was served when my client was awarded over half a million dollars. 

 

Injured? Call 1-877-BIKER-LAW

 

What can we learn from this crash and this case

 

There are a few things we can take away from this case:

  • Even though riding without a helmet is legal, there is an obvious bias against it. This can be seen from the defense wanting to argue that riding without a helmet is negligent; that the judge allowed this argument to be presented to the jury instead of granting my motion to quash it; and by the fact that the jury did assign some fault / negligence to my injured motorcyclist client, though not more than 50%. 
  • Riding legal (having an endorsement, proper insurance, registered motorcycle, obeying laws and speed limits, etc) made all the difference for my client in this case. If he didn't have or hadn't done the above, the defense could have argued for further fault / negligence, even though the accident was clearly caused by the at-fault driver.
  • We need to do more to promote and improve driver awareness, which could help prevent motorcycle crashes, injuries, and deaths. 

Ultimately, I was able to win for my client and get him fair compensation that he truly deserves. Being injured in a motorcycle crash, particularly with a larger vehicle like a minivan, is a terrible thing to have happen to you. But then to be told that you are somehow at fault because you were riding --legally-- without a helmet? That's just insult to injury. 

 

As a motorcycle accident injury lawyer, and a rider myself, I believe that better awareness on the part of motor vehicle (car/truck) drivers would have a much greater effect on motorcycling safety than wearing a helmet. If drivers were less distracted, more attentive, and really looking for motorcycles, many crashes could be prevented altogether, and it wouldn't matter if the biker was wearing a helmet or not. 

 

Injured? Call 1-877-BIKER-LAW

Spread the word: Motorcycles Are Everywhere

 

With that in mind, I want to ask all of you if you to get involved in promoting motorcycle awareness and safety. There are a number of ways you can do this:

 

  • Get our Watch for Motorcycles bumper sticker (for free! Click here), and make sure that you are vigilant while driving your car, truck, or van. 
  • Teach your kids and teens to play "Count the Motorcycles" whenever they are in the vehicle with you. 
  • Use social media to spread the message that Motorcycles Are Everywhere. Follow us on Facebook to get lots of shareable motorcycle awareness materials and information. 
  • Contact your local ABATE chapter (or other advocacy group) to see about volunteering, or to buy a motorcycle awareness lawn sign. 
  • Talk it up at work, school, and wherever you spend your time. Remind one driver every day to watch for motorcycles. 
  • Talk the talk, walk the walk: when you're driving a motor vehicle, scan for bikes constantly. Be extra careful at intersections, where the majority of motorcycle-vehicle crashes happen. 

Injured? Call 1-877-BIKER-LAW