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The Michigan Supreme Court has just recently decided a major case that will change a victim's ability to recover against a negligent driver for pain and suffering damages.

15 years ago when the Michigan Legislature passed the law, it indicated in order for a person to receive compensation for pain and suffering resulting from a Michigan accident that they must have a threshold level injury. There are four ways a victim can meet the threshold requirement.

The new case recently decided called McCormick, deals with the one of the four threshold requirements: "serious impairment of important body function." 

In 2004, the Michigan Supreme Court decided a case called Kreiner which changed the interpretation of what amounted to a "serious impairment of important body function."  That court read into the statute something that was not there--- and it said that "a victim’s course and trajectory of his or her life must be significantly affected."

On August 1, 2010 the current Michigan Supreme Court overturned the Kreiner case saying it wrongly interpreted the no-fault statute and ruling that the statute did not require such a significant life change to meet the threshold.  The court went on to define each of the important words and phrases at issue when a trial judge is deciding whether the victim has met the threshold requirement.

The present threshold as to "serious impairment of important body function" requires an observable or perceivable impairment from actual symptoms or conditions, that affects a body function of value, significance or consequence to the injured person, and that influences some of the victim’s capacity to live in his or her normal manner of living.

The bottom line: this statutory law has not changed.  However, now trial judges have better guidance as to the meaning of the phrase "serious impairment of important body function." It is now easier for a Michigan motor vehicle accident victim to be compensated for pain, suffering, mental anguish, fright and shock, denial of social pleasure and enjoyment and other noneconomic damages.

Anyone who has been a victim of a motor vehicle collision because of the negligence of another driver in the last three years should call our office to see if they may meet the new threshold requirement.  The statute of limitations is three years for motor vehicle accident in Michigan and unless you are a minor, you are barred from filing a lawsuit if over three years have passed since the accident.

Written by,

Jason Waechter, Esq.

Simple Steps To Avoid Problems

Don’t give in to peer pressure!  Just because your friends are doing it, doesn’t mean you should.  Do what makes you feel most comfortable, whether it’s about the gear you wear or how fast you ride.
Don’t ride beyond your limits!  Remember your skills and don’t go beyond them.  Speed can be exciting but exceeding your own limits can result in accidents that range from embarrassing to emergencies.
Read the road!  On a motorcycle you are affected by the elements completely.  Always keep an eye out for potential hazards, keep a relaxed grip on your handle bar and keep steady throttle control while your bike adjusts to the different surfaces.
Keep a maintenance schedule!  Motorcycles require more attention than cars.  Tires and brakes should be changed more frequently and the oil should be changed based on the amount of time it’s been in the bike, not the miles traveled.
Watch your gas gauge!  Although motorcycles get great gas mileage, the tanks are much smaller than those on a car.  You don’t want to be the guy on the side of the road with a dead bike because you ran out of gas.  Most bikers follow the rule that you never let your gauge fall below a quarter of a tank.
Stay hydrated!  Although riding may not seem physically demanding , when your body is exposed to the elements your essential fluids are diminished faster.  Drinking water won’t necessarily make you stop for more bathroom brakes, but if it does it just gives you a chance to relax and chat with fellow bikers.  The general rule is drink one bottle of water for every 2 hours you ride, unless you happen to be thirsty or it’s hotter than usual.
Don’t wear yourself out!  Don’t ride to the point of exhaustion.  Taking your bike out is exciting but as you get tired you lose the ability to focus and react quickly.  Ride in moderation, your bike will still be there tomorrow.
Be careful around corners!  Misjudging corners leads to the majority of accidents for new bikers.  Things to avoid are riding wide, taking the curve too quickly and turning at too high of a gear.  The best way to avoid this problem is by following the next step…
Take a safety course!  Even the most experienced riders have said that a safety course helped them brush up on their skills.  Which is more of a blow to your ego?:  Spending a few hundred dollars and a few hours gaining helpful knowledge and life saving tips…. Or crashing and totaling your brand new bike because you didn’t learn the right way to ride.  Also, there are potential savings on motorcycle insurance when you’ve taken a safety course.
 

The Great Lakes Motorcycle Club is hosting a unique bike race in honor of the sinking of the Titanic.  This tour goes from April 14th 2010, until September 15th 2010.  The 46,000 ton cruise liner was sunk by just one iceberg on April 14th 1912.  So, the GLMC wants to know “How many “tons” can your “berg” bring down?”  The basic rules are that you must visit one town ending in “berg” and then ride to as many towns ending in “ton” as you can find.  Prizes will be awarded such as a $200 gift certificate and a digital camera.  What a good excuse to travel the country on your bike!  For more info visit http://www.glmc.org/grand-tour.html

Feel the “Empulse”

Brammo, a company known for manufacturing electric motorcycles, is getting ready to release a new version that will trump its most recent model, the Enertia.  The Empulse will take current electric motorcycles from 40 miles per charge to up to 100!  Because of the lack of range with the Enertia, this nationwide company only has around 100 bikes on the road currently.  Brammo is hoping that with the upgrade, and their potential business deal with Best Buy, that the Empulse will increase sales and allow them to go international.  The Empulse is not designed for long distance travelers, but will work well for daily commutes and everyday errands.  The electric motorcycle will come equipped with an iPhone port that will allow you to find Level 2 charging stations wherever you may be traveling.  The charge at a Level 2 station will cost around a buck and take about 3 hours, however, the Empulse can be plugged into any normal outlet as long as you have close to 9 hours to wait for the charge.  Costing anywhere from 10 to 14 grand, the Empulse will save you in the long run because maintenance is minimal and you won’t be buying gas.  To read more and find retailers near you go to www.brammo.com
 

A new way for Michigan Bikers to stay safe.

Now rather than just wearing your helmet and leather clothing, Michigan Bikers can wear an airbag.  A product called the Armored Air Jacket is aimed at preventing fatal injuries from bike accidents.  This product has been tested and certified by multiple groups of airbag deployment specialists.  Here’s how it works… the jacket inflates much like an emergency life vest, there’s a “rip-cord” that once pulled, inflates the jacket in less than half a second.  You attach the rip-cord to your motorcycle, kind of like on a jet ski or snowmobile, and if you’re thrown from your bike it deploys the inflation system.  The jacket provides the extra protection to a bikers most vulnerable areas such as the neck, back, chest, ribs and spine.  The jacket comes in a variety of colors, can be worn multiple times and is even washable.  It will run Michigan bikers anywhere from $250 to $600.  Find out more or order your own at www.armoredairjackets.com

Federal Traffic Agency Changing Their Focus

The National Highway Traffic Safety Administration (NHTSA) has been presented with a resolution to focus on crash prevention rather than pushing for increased helmet use.  U.S. Representative Jim Sensenbrenner from Wisconsin is the driving force behind this movement.  He stated that it is Congress’ job to protect the freedom of riders as they travel the country.  The American Motorcycle Association (AMA) is in full agreement with this resolution.  Their Senior V.P. of Government Relations, Ed Moreland, thanked Sensenbrenner and his colleagues for being mindful of the importance of education and crash prevention.  The resolution is also proposing that no more federal funds will go to states, like Michigan, for things like those pesky helmet laws that many Michigan bikers dislike so much.  To read a the full article and official statements go to  http://usridernews.com/2010/07/01/lawmakers-want-federal-traffic-safety-agency-to-focus-on-crash-prevention/

Bill Whichello is a man from Cadillac, Michigan who is helping keep jobs in America. A serious biker himself, Bill sports tattoos and suspenders with flames on them. He retired 8 years ago after losing his leg at the Famous Sturgis Rally in South Dakota. Now Bill has come out of retirement to open a new business in Michigan dedicated to American-Made-Only products, it’s called MIA Cycle Works. It’s a full service bike shop that proudly displays the American Flag and sports phrases like "I’m not chicken to buy American" and "we want to put Americans to work." MIA Cycle Works had it’s grand opening in May of this year and so far, business is booming. Not only does Bill have "street cred" when it comes to the biking community, he draws people in with his free coffee and pinball machine! His main goal is not to get rich, but to help this idea catch on, that all businesses should be promoting American made products. To learn more about Bill and his business visit http://www.miacycles.com/

Buying your first motorcycle is an exciting but somewhat stressful decision.  Here are our top 3 suggestions for you to remember when shopping:
Don’t overestimate your riding skills… Although the idea of jumping on the fastest and most powerful bike you see might peak your interest, remember that you are just starting out and will learn more on a slower bike rather than a fast one that you’ll fall off of.  Try to pick a bike with an engine under 600cc.  Once you’ve mastered your skills on this slower bike, you’ll appreciate the power of a faster one.
Fit the bike to your body… All you bikers come in different shapes and sizes, just like motorcycles do.  Make sure you try out all potential bikes, even a few that you might not think fit your style.  If possible, go for a test ride.  The “ergonomic experience” will be different on each bike, from the seat and handle bar height, to the position of the center of gravity.
Consider your budget… The price-tag on your new bike is not the only amount of money you should expect to spend.  Remember, you need a title for your motorcycle, registration and insurance.  A new title in Michigan costs $15, registration will vary depending on the motorcycle, and you can purchase insurance from a variety of companies that now-a-days will let you “name your own price.”  Another thing to consider when it comes to your budget is that when buying a used motorcycle there will inevitably be repair costs.  With all these costs adding up make sure you think about the long term before making your purchase.
 

Buying your first motorcycle is an exciting but somewhat stressful decision.  Here are our top 3 suggestions for you to remember when shopping:
Don’t overestimate your riding skills… Although the idea of jumping on the fastest and most powerful bike you see might peak your interest, remember that you are just starting out and will learn more on a slower bike rather than a fast one that you’ll fall off of.  Try to pick a bike with an engine under 600cc.  Once you’ve mastered your skills on this slower bike, you’ll appreciate the power of a faster one.
Fit the bike to your body… All you bikers come in different shapes and sizes, just like motorcycles do.  Make sure you try out all potential bikes, even a few that you might not think fit your style.  If possible, go for a test ride.  The “ergonomic experience” will be different on each bike, from the seat and handle bar height, to the position of the center of gravity.
Consider your budget… The price-tag on your new bike is not the only amount of money you should expect to spend.  Remember, you need a title for your motorcycle, registration and insurance.  A new title in Michigan costs $15, registration will vary depending on the motorcycle, and you can purchase insurance from a variety of companies that now-a-days will let you “name your own price.”  Another thing to consider when it comes to your budget is that when buying a used motorcycle there will inevitably be repair costs.  With all these costs adding up make sure you think about the long term before making your purchase.