Autumn Riding Tips and No-Fault

As Seen in Thunder Road Magazine

 

 

 

 The days are getting shorter, the weather is cooling, and it's only a matter of time before we have to get our bikes ready for their long winter slumber. If you're like most bikers I know, you're trying to squeeze every last drop out of this riding season before it slips away. Autumn riding in Michigan in can be totally different from riding at any other time of year, so it's important for bikers to be prepared for things like deer in the road and unpredictable weather. Below, you'll find some tips for autumn riding and a look at how Michigan's no-fault law applies -- or doesn't -- in certain situations.

 

Did you know that one in every five collisions in Michigan involves a deer? The Michigan Deer Crash Coalition statistics for 2013 show that there were almost 50,000 reported collisions between vehicles and deer; more than 1,200 of these involved injuries, and twelve people were killed as a result of these types of interactions.

 

Most people involved in a vehicle-deer collision say the same thing: "It came out of nowhere!" Living in Michigan, we know that vehicle-deer collisions can happen anywhere, at any time. That said, statistics show that October and November tend to have the most vehicle-deer collisions, usually around dusk and dawn, and in general we see more deer in rural rather than urban areas.

 

So what can bikers do to lessen the chances of being injured in a deer crash? There are no guarantees that anything can prevent these crashes, but it never hurts to practice braking and evasive maneuvers in a controlled environment before hitting the road. Dress for the crash, not for the ride: wear protective equipment that could help to minimize injuries if you go down. Speed can also be a factor in these types of collisions; if you are in an area where deer are common, slow down to give yourself more time to react. There are also advanced rider courses offered through the Motorcycle Safety Foundation that could help train motorcyclists on how to react in a deer encounter situation. If you're on a group ride, spread out and use a formation that won't turn a single motorcycle-deer collision into a multi-bike crash.

 

Have you ever heard the saying "If you don't like the weather in Michigan, wait five minutes... it'll change"? In autumn, as in spring, we tend to see wild swings in temperature from night to day, and a beautiful sunny day can turn into a rainy mess in less than an hour. My first tip for dealing with Michigan's unpredictable environment is to check your tires: cold nights switching to warm days can have a noticeable effect on tire pressure. Use a reliable tire gauge and check tires when they're cold. Consult your owner's manual to see if it recommends adjusting tire pressure for certain temperatures or weather conditions, and keep a small portable air tank on hand in case you need topping up.

 

As for the weather, it may seem obvious to say, but check the forecast before you leave the house. If there is even a slight chance of rain, grab some rain gear for the ride. If you're going on a long trip, check the forecast for your destination as well. Most motorcyclists know that the roads are slickest just after it starts raining, or during a light rain. That's because the oil, fluids, and dirt that were sitting on the road have been lifted off the surface, but haven't washed away yet. Some experts recommend moving over in the lane to ride in the tire ruts, or closer to the center line, to avoid riding in the middle of the lane where the road will be most slippery. Watch your speed and be on high alert if you're in an area with other vehicles.

 

Did you know that a motorcyclist is not entitled to no-fault benefits if they crash their bike without a motor vehicle being involved in the accident? The keywords here are "motor vehicle" and "involved". In Michigan, a “motor vehicle” is defined as “a vehicle, including a trailer, which is operated or designed for operation on a public highway by power other than muscular power and has more than two wheels” (MCL 500.3101). Motorcycles, mopeds, power wheelchairs and mobility scooters, among others, are not included as motor vehicles.

A motor vehicle is “involved” in a crash if the operation of the motor vehicle contributed significantly to the crash or injuries; contact between the motor vehicle and the motorcycle is not required. In other words, if you hit a deer on your bike, or slide on slick wet roads, you won't qualify for no-fault benefits. In addition to motor vehicle involvement, a motorcyclist must have at least the minimum required insurance on their bike in order to qualify for no-fault benefits. Every case is different*.

What are no-fault benefits? They cover medical bill coverage (for life); coverage of replacement services (help with household chores); coverage of attendant care (in-home nursing / health care assistance); wage loss coverage (limited, for up to three years); and coverage for vehicle mileage used for medical appointments.

 

If you've read my articles before, you know that I always encourage bikers to talk to an insurance expert to be sure they have the right coverage, and enough of it, to protect themselves in the event of a crash. I always recommend bikers carry personal health insurance, in addition to whatever coverage they carry on their bikes. And yes, that's in addition to the minimum $20,000 in first-party medical benefits you are legally required to carry if you want to ride without a helmet.

 

Next month, I am going to write an article all about insurance: what is required, what is recommended, and how it can help protect you in the event of a crash. Stay tuned!

Like this article? Have a question? Let us know! Facebook.com/TheMotorcycleLawyer; Twitter.com/CycleLawyer1; Writer@LawyerForLife.com.

*Obviously, I can’t cover every aspect and nuance of the law in a single article. If you’ve been hurt in a crash, or know someone who has, call me at 1-877-BIKER-LAW to talk about it.