JASON'S TOP 3 Lessons from Recent Trial Victory

As Seen in Thunder Road Magazine

 

 

 

 May is Motorcycle Awareness Month: The riding season is getting into full swing, and it's our best opportunity to spread the word that motorcycles are everywhere. I recently represented an injured motorcyclist in a court trial, and am pleased to say that justice was served in the form of a verdict of over half a million dollars. The trial, and the crash that led up to it, really hit home for me and showed me that motor vehicle drivers are still not getting the message that they need to be Motorcycle Aware. I want to share the lessons I learned from this case and how they highlight the need for better awareness among vehicle drivers, and then provide a few resources to help you spread the word. 

The Backstory: My client was badly hurt when a minivan driver smashed into him while he was riding his Harley on a two-lane country road. The minivan was stopped in the lane ahead, with only the passenger wheels over the fog line. It was a no-passing zone, so my client slowed down well before reaching the minivan, then started to go around. The minivan suddenly made a left turn, slamming into my client in an attempt to turn around. My client had serious injuries, including a head injury, broken clavicle that needed surgery, broken ribs, broken teeth, road rash and scarring, and a back injury that needed surgery two years after the crash.

This case ended up in court because the minivan's driver and the defense team were betting on what is known as the 50% rule: if the defense could convince a jury that my client (the badly injured motorcyclist) was more than 50% at-fault for the crash (over 50% negligent), they would not have to pay non-economic damages, such as pain and suffering, scarring and disfigurement, and loss of enjoyment of life. In other words, they would be off the hook for the long-term effects of the crash. This brings me to my first lesson:

Lesson #1: There may be a bias against unhelmeted motorcyclists. In this case, the defense team thought they could convince a jury that my client was more than 50% negligent in the crash mostly because he was not wearing a helmet (they also said he was passing on a double line). Since Michigan's helmet law was repealed in 2012, I have talked to a lot of riders and non-riders, and conducted focus groups (mock trials), to find out what people think about riding without a helmet. What I learned is that non-riders in particular seem to feel that riding without a helmet is negligent, or that it puts the rider in greater danger than if he were wearing a helmet.

Because of my extensive research and experience handling these types of cases, I was prepared to fight this apparent bias. I filed a motion to prevent the defense team from arguing that my client was negligent for not wearing a helmet, but that motion was denied by the judge. I explained it to the jury this way: whether or not my client was wearing a helmet that morning wouldn't have made any difference in terms of preventing the crash. And, even if he had been wearing a helmet, it wouldn't have prevented the majority of his injuries. I also explained to the jury that my client was riding legal that day, which brings me to my second lesson:

Lesson #2: Riding legal matters, and can make a huge difference if you are ever injured in a crash. During the trial, I emphasized over and over that my client was legal when he rode without a helmet: He had a motorcycle endorsement (CY), his bike was registered, he had proper insurance, he was over 21 years old, and he was carrying the extra $20K in medical coverage you need to have to ride without a helmet. How could the defense say that my injured client was negligent when he was so conscientious about following the law? 

Ultimately, the jury did assign some negligence to my client, but not more than 50%, and I believe that is mostly because they could see that he was fully compliant with the law. Meeting the legal requirements to ride a motorcycle is neither difficult nor expensive, and it certainly paid off for my client in this case. So as always, I encourage all motorcyclists to "get endorsed, get insured, and spread the word". This brings me to my last lesson:

Lesson #3: Promoting Motorcycle Awareness is an important part of the lifestyle, and we all need to do our part. Let's face it, drivers just aren't getting the message, and I have proof: my team and I are busy every day taking calls from and helping injured motorcyclists who have been hit by drivers who "just didn't see them". Drivers are more distracted than ever: eating, applying make-up, shaving, fiddling with their phones, checking their GPS units, or just zoning out. They are not being extra careful at intersections, where most vehicle-motorcycle crashes occur. They are not checking their mirrors or blind spots before changing lanes (or using turn signals). They are rushing to turn left directly in front of motorcyclists, either because they think they have time, or because they think the motorcyclist can stop on a dime.

I don't believe that vehicle drivers are "out to get" motorcyclists. But I do think that drivers just are not getting the message that our safety depends, more than any other factor, on their actions. I think it's up to all of us to engage with our family and friends, colleagues, and anybody else we talk to, and really spread the word. Just about everyone is on Facebook these days (including me: Facebook.com/TheMotorcycleLawyer), so use social media to get the message out! I challenge every reader to remind one person --friend, coworker, or stranger-- to Watch for Motorcycles every day. 

Here are 5 more ways you can help promote motorcycle awareness right now:

1- Get a bumper sticker for your vehicle, and display it proudly. Visit our booth at Michigan motorcycle events, or visit http://www.motorcyclelawyermichigan.com/20.html.

2- Share a motorcycle awareness message on Facebook and tag #TheMotorcycleLawyer so we can find it

3- Send an email to writer@lawyerforlife.com to get a free printable Motorcycle Awareness poster you can post at work, school, or in your community

4- Share this article with your contacts

5- Subscribe to our monthly newsletter to learn about motorcycle awareness and the law

There are so many easy ways to help promote motorcycle awareness. Please, take a few minutes each day to spread the word; you could save a life--maybe even your own.