• Always be alert! BUT especially at intersections. Roughly 50% of all motorcycle-vehicle accidents occur at intersections. The most common is a vehicle turning left in front of a motorcycle, so always be prepared to act quickly.

• Glancing in your mirrors before switching lanes or coming to a stop could prevent a rear-end collision.

• Watch the road a distance ahead of you so you are aware of any hazards or traffic issues before you are upon them.

• So many motorcyclists ride by this common tip: “Assume you are invisible to other motorists on the road and operate your motorcycle accordingly.” Ride to be seen, take up a lane and ride in it where you will be noticed by motorists. Headlights are a must during the day and night. Wearing reflective and bright clothing helps any motorcyclist be seen.

• Ride at a speed that is appropriate for the road conditions, i.e. weather, traffic, or construction.

• Treat other vehicles & motorcycles with courtesy and respect.

• Avoid tailgating and riding in between lanes.

• Always use signals when necessary.

(Motorcycle Safety, DOT HS 807 709, National Highway Traffic Safety Administration)

As a motorcyclist sometimes the only prevention you have against an accident from occuring is riding defensively. Always be aware of your surroundings and ride safe this season!
 

http://www.motorcyclelawyermichigan.com/88.html
 

Looking at the overall value of the company, taking into account the deal on the table and subtracting the company’s debt, the actual value of Ducati is estimated to be seven times that of its profit from 2011 (discounting interest and taxes). The liabilities as of last month were reported by Investindustrial to be less than $262.7 million, (VW’s Audi Nears Purchase of Ducati, Christoph Rauwald, The Wall Street Journal,

http://online.wsj.com/article/SB10001424052702304432704577349831924790146.html).

The famous motorcycle company was founded back in 1926, and has proven itself in standard having won 17 manufacturer’s World Championship titles, and holding the current 2011 World Superbike Championship title. So it comes as no wonder why the Chairman of Volkswagen Ferdinand Piech, who celebrated his 75 birthday this past Tuesday, has eyed the company for years, having tried to purchase it previously in 2008, (VW’s Audi Nears Purchase of Ducati, Christoph Rauwald, The Wall Street Journal).

Ducati will become the 11th brand under Volkswagen. It looks like it will fit right in with Audi’s Superbike 119 Panigale S Tricolore, and upping the ante in the company’s motorcycle competition between BMW models.

42,000 Ducati motorbikes were sold in 2011, accumulating to $630.2 million. However, Christoph Stuermer, a Frankfurt analyst with IHS Automotive believes that “Ducati is one of the finest machines you can buy,” but that the company is “mere accessory and insignificant for Volkswagen,” (VW’s Audi Nears Purchase of Ducati, Christoph Rauwald, The Wall Street Journal).
 

The new law lessens helmet restrictions allowing motorcycle operators to ride without a helmet provided they are 21 years of age or older, have at least $20,000 of first-party medical benefits insurance coverage, and either have had a motorcycle endorsement for more than two years OR earn a motorcycle endorsement by passing an accredited or certified motorcycle safety course.

A passenger on a motorcycle may ride helmetless under the new law if the passenger is at least 21 years of age and is also covered for at least $20,000 of first-party medical insurance benefits (either by the operator's cycle insurance or their own). So, if you were to ride with a passenger, you may need an additional $20,000 of this medical coverage in addition to the $20,000 you require as the operator.

Proponents of the new law argued that being able to choose whether or not to wear a helmet is a freedom. They also point out that Michigan's tourism industry is presently negatively impacted because riders from our neighboring states do not have to wear a helmet (Indiana, Ohio, Illinois, & Wisconsin) and, therefore, avoid Michigan destinations.

Opponents of the new law argued that statistics report greater head injuries to helmetless riders. These injuries result in an increase in medical costs (to the government and to insurance companies), and a resulting increase in our no-fault insurance rates.

Passing a similar law was attempted twice during Gov. Jennifer Granholm's tenure, but was vetoed on both of the attempts. The present law was sponsored by State Senator Phil Pavlov, R-St. Clair Township. Governor Snyder stated in a news release that, "While many motorcyclists will continue to wear helmets, those who choose not to deserve the latitude to make their own informed judgments."

In an interview with a news reporter, Jason was asked; "How will the new law impact a civil negligence case of a motorcyclist who was not wearing a helmet?"

His answer: I think defense attorneys will argue that not wearing a helmet was unreasonable and that not wearing a helmet was a cause of some injury or severity of injury to the motorcyclist.  If the jury agrees, it would assess a percent of negligence against the motorcyclist and that percentage would be subtracted from the dollar amount awarded by the jury.  If the jury decides that the motorcyclist was more than 50% negligent, the motorcyclist will get no money damages for his or her injury.

Jason Waechter

THE Motorcycle Lawyer sm
 

Witnesses at the event reported that motorcyclists were riding around the track going in opposite directions prior to the collision of Thomas Franklin Hollingsworth, 71, of Piedmont, South Carolina, and Alan Richard Mockus, 66, of Alto, Georgia.

The coordinator of the Rolling Thunder, a motorcycle club consisting of mostly Vietnam veterans, Barry Burke, stated that motorcyclists were informed prior to the start of the event that they would only be permitted to ride up to 35 mph, and only during the opening and closing processions. Both Hollingsworth and Mockus were traveling at 50 mph, about a half-hour after the closing of the event.

The head-on accident happened at a steeply banked turn and Police Major Allen Overcash stated that “we have some evidence that one of the gentlemen may have been drinking,” (Vietnam vet deaths: Motorcycle at 50 mph before head-on crash, David Zucchino, Los Angeles Times,
http://www.latimes.com/news/nation/nationnow/la-na-nn-vietnam-veterans-collision-20120404,0,2063687.story). Mockus’s wife, Deborah, was also involved in the crash as she was riding passenger on his motorcycle, has transported to a hospital and is currently in critical condition.

The toxicology tests on both Mockus and Hollingsworth will take about a month for results. As Overcash has stated, “which one was going in the ‘right’ direction, we can’t say at this time,” (Vietnam vet deaths: Motorcycle at 50 mph before head-on crash, David Zucchino, Los Angeles Times).
 

The three motorcyclists, Richard Brewster, Tommy Tuchscherer and Amber Tuchscherer, were going through the intersection of Fort Campbell Boulevard and Lafayette Road, when the driver of Grand Am, Martha Gilbreath, turned left from Fort Campbell onto Lafayette in front of them causing the collision. Police stated that the traffic light was green in both directions, (Car hits three motorcycles in Clarksville, Andy Humbles, The Tennessean,

http://www.tennessean.com/article/20120329/NEWS01/120329001/Car-hits-three-motorcycles-Clarksville).

Both Brewster and Tommy Tuchscherer were airlifted by helicopter to Vanderbilt University Medical Center. Brewster suffered from a serious injury to his leg while Tuchscherer sustained internal injuries. Both have been reported to be in stable condition.

At the scene Amber Tuchscherer was treated and then released.

No injuries were reported for Gilbreath.  Charges are pending as the investigation continues, (Car hits three motorcycles in Clarksville, Andy Humbles, The Tennessean). 

Those against the repeal are coming from a standpoint of health concern. Although Sharon Adkins, director of the Tennessee Nurses Association, feels it is an “individual’s right. These individuals have to be cared for. Brain injury is a lifelong issue. The citizens of Tennessee would end up with their tax dollars supporting these individuals, so it is much more than just an individual right. It’s no different than seat belts,” (Libertarians push helmet law repeal, The Tennessean,http://www.tennessean.com/article/20120220/NEWS0201/302200021/

Libertarians-push-helmet-law-repeal). 

Motorcyclists in the state really do feel that it is a personal choice to wear a helmet or not, even if they themselves chose to. Preston Shaw, a member of The Steel Horsemen Motorcycle Club, thinks “the government honestly should not legislate whether you have common sense or not,” (Libertarians push helmet law repeal, The Tennessean). Same goes for Andrew Duthie, the owner of the Nashville Motorcycle Repair, “I’m a big fan of motorcycle helmets. As far as changing the law, the libertarian in me says, hey, if someone doesn’t want to wear a helmet, that’s fine,” (Libertarians push helmet law repeal, The Tennessean).

This act will be discussed tomorrow, Tuesday, March 6, at a noon hearing before the House Transportation Subcommittee.
 

As Michael Babb, 34, made a left turn into a driveway, motorcyclist Marty Sandridge, 43, and passenger Jordan Best, 18, attempted to pass Babb’s and another’s vehicle, resulting in Babb’s striking the motorcycle.

On the scene BCSO deputies Casey Kerr and Tim Bohannon performed CPR on Best before paramedics and Fire Rescue officials showed up at the accident. Best was transported to Sky Ridge Medical Center and Sandridge to Erlanger Medical Center.

Best was pronounced dead upon arrival at Sky Ridge Medical Center. Sandridge suffered from injuries to the legs and arms. Babb sustained no injuries from the accident.

The occupants of the other vehicle stayed after the accident to provide assistance and information regarding the happenings of the crash, but left the scene without disclosing their names. The only information the Sheriff’s Office has is that they were in a white-colored vehicle. They are asked to call Capt. W.G. Campbell at 728-7326, (One is dead in motorcycle, car accident, Greg Kaylor, Banner Staff Writer, Cleveland Daily Banner,http://www.clevelandbanner.com/view/

full_story/17554676/article-One-is-dead-in-motorcycle--car-accident?instance=latest_articles).

In August 2008 President George Bush signed into law the Consumer Product Safety Improvement Act (CPSIA) which was passed because "inexpensive imported children’s toys were testing high for lead content which can present serious exposure risks for children," (The AMA Motorcyclist of the Year, American Motorcyclist, Jan. 2012). The CPSIA banned the manufacturing, importing, selling and distributing of products for children 12 and under that contained a trace of amount of lead and that products would undergo periodic testing.

This sounds like a good thing, keeping children safe. However the wording of this law included the manufacturing, selling, and distributing of dirt bikes to children 12 and under since trace levels of lead can be found in parts of the bikes such as in the brake calipers and battery terminals. It made no difference that these parts were not accessible and/or highly unlikely that a child would place one of the lead based bike parts in his or her mouth.

Sabater had been riding since she was 19 and her fiancé Billy Schlag, who had a professional motocross license in the 1980s, is deeply rooted in dirt biking as a family activity. Nancy believes that the sport has "been morphed into many different things, but the real sport of motocross racing is a real grassroots, family activity," (The AMA Motorcyclist of the Year, American Motorcyclist, Jan. 2012). It was this passion for the sport and knowing that "children are the future of the sport, and the thought that we would have to put riding aside and not do these family things greatly concerned me. We need kids to grow the sport, and without an exemption to the law, eventually the ban would have killed motorcycling," (The AMA Motorcyclist of the Year, American Motorcyclist, Jan. 2012) that made Sabater jump to action.

It all began with Sabater’s effort to interview and video tape riders and their experience about riding. This would show what a huge part motocrossing really played in so many lives, and how the law would affect future generations if kids were not able to grow up riding. Sabater made a total of 20 videos that she posted on YouTube and a Facebook Page dedicated to the change.

What really got litigators’ attention was the AMA Family Capitol Hill Climb on May 26, 2011. This organized event gathered over 200 activists from all over the states to raise awareness of the affects of this law on motorcycling families. Sabater dubbed those making a difference "moto-patriots." Wayne Allard, AMA VP of Government Relations states on the event, "the AMA and its members in new events to focus media attention on the issue, lobbied on Capitol Hill, and organized campaigns to encourage riders and parents to contact their federal lawmakers to exempt kids’ OHV’s from the CPSIA. When it counted, riders and parents responded," (The AMA Motorcyclist of the Year, American Motorcyclist, Jan. 2012).

All the dedication of Sabater’s and AMA members paid off as on August 12, 2011, President Barack Obama signed into law H.R. 2715 which exempts kids’ OHVs from the CPSIA lead content limits. That same day the bill received unanimous approval from Senate. It was this victory that "demonstrated the fruits of our labors. Something really happened here. We effected change. We showed these kids that if you want something hard enough and you work hard enough that you get results. Who knows what battles we’ll fight next in D.C., for the AMA, for the rights of motorcyclists. This was a victory on many levels.

The future of motocrossing no longer is threatened by the CPSIA law, and children and their families continue to enjoy the sport together. It’s for this reason that Nancy Sabater was named AMA Motorcyclist of the Year. It did take a huge effort from so many to get the attention that was needed to get the exemption to be made, but as AMA President and CEO Rob Dingman points out, "no question, Nancy was joined by a large number of dedicated motorcyclists and their families. However, she is one of the AMA’s most-dedicated, most driven and most well-intentioned members," (The AMA Motorcyclist of the Year, American Motorcyclist, Jan. 2012).

A St. Louis County jury ruled in favor of Hartog, awarding him $125,000, even though his attorney James Collins was asking for $750,000 to $1 million. The reason why Hartog was not awarded a larger settlement? As the defendant’s attorney Sarah Taylor describes it, the four year gap between the initial medical treatment and Hartog’s shoulder surgery caused "a question of whether that was related and why he had waited so long to get more treatment," (Plaintiff wins verdict in motorcycle accident [Missouri Lawyers Media], David Baugher, Insurance Net, http://insurancenewsnet.com/article.aspx?id=315352).

Another issue that came up in trial; the depositions from every provider stating that "they had actually written off or adjusted their bill and the amount that was owed was really significantly less than the original amount charged. I think that was significant in what the jury ended up returning," said Taylor.

In the state of Missouri if someone is injured in an accident there is a 5 year statute of limitation; meaning that they have 5 years to file suit in the matter. If you were recently in an accident please don’t hesitate to call our toll free number for free advice at 248-355-4701.

Copeland of Sonny Productions will be organizing the event and owns MyrtleBeachBikeWeek.com. The event is scheduled to run from March 2-3 at the Florence Civic Center. There will be 100 vendors present and officials are estimating roughly 3,000 to 5,000 motorcyclists to attend, (Myrtle Beach Bike Week West in the works for Florence, Dawn Bryant, Myrtle Beach Online-from The Sun News,

http://www.thesunnews.com/2011/12/12/2546958/myrtle-beach-bike-week-west-in.html).

The idea is that the event will attract bikers from Interstate 95 coming down for the Daytona Beach rally which is the week after from March 9-18. The location will be at the Florence Civic Center, which is 50,000 square feet and includes outdoor space as well. Although this will be the first time the center has held a bike expo like this, officials are excited at the possible economical profits that local hotels, restaurants and businesses could profit from, (Myrtle Beach Bike Week West in the works for Florence, Dawn Bryant, Myrtle Beach Online-from The Sun News).

So why have another rally at a different location other than Myrtle Beach? Copeland believes that the event will provided "a lot of stuff we can’t do at the beach. You can’t do anything at the beach anymore. Florence has been overwhelmingly welcoming," (Myrtle Beach Bike Week West in the works for Florence, Dawn Bryant, Myrtle Beach Online-from The Sun News). The reason for sticking with the Myrtle Beach name for the event however; Copeland has worked on and built up the current event at the beach, so would like to push and utilize the brand he has created for the Florence event as well; "people relate to Myrtle Beach Bike Week and what I’ve done there for decades," says Copeland.

The spokesman for the Myrtle Beach rally, Mark Kreua, finds it a bit off to use the Myrtle Beach name for an event that is not taking place right on the beach, "it is a little unusual in that it is 70 miles to our west in a different county. I think it is an indication that the organizers of the massive motorcycle rallies realize that Myrtle Beach is no longer the destination for them," (Myrtle Beach Bike Week West in the works for Florence, Dawn Bryant, Myrtle Beach Online-from The Sun News). As Denise Triece, Marketing Manager for the Myrtle Beach event states, they are not concerned that this Florence event will take away from the beach event.

So if you’re looking for warmer weather and an awesome bike event, there are a couple down south to chose from! Start checking out websites and locations now to plan your weekend getaway this winter.

In the 1,150-reported motorcyclist accident in Massachusetts last year, a 78.5 percent of riders were wearing a helmet. And of this percent, 88 percent were 21 or older. This means that roughly 897 of motorcyclists involved in accidents in 2010 would have had the option to chose to wear a helmet or not. This makes some nervous, while others await the right to chose.

Those for the legislation believe that it is not a bad thing to wear helmets; what is wrong is that it is not personal choice, but required by law. Advocates for the choice believe that when “a motorcyclist gets hurt and killed because of an accident, that is the cause we should go after. We would rather advocate (more) rider training, crash avoidance and more motorist awareness,” said Rick Gleason the legislative director for the Massachusetts Motorcycle Association, (Bill aims to ease motorcycle helmet law, David Riley, Wicked Local-Patriot Ledger,

http://www.patriotledger.com/features/x1622888278/Bill-aims-to-ease-motorcycle-helmet-law). 

Others who oppose the legislation worry that if a motorcyclist is injured in an accident it could potentially cost the government depending on the type of insurance the rider has, or if they have any at all. As Russ Rader, proposed by states Senator Stephen Brewer, argues “it is a personal choice, but when people crash, it becomes a weight on society as a whole because there are higher care costs associated with crash injuries,” (Bill aims to ease motorcycle helmet law, David Riley, Wicked Local-Patriot Ledger). Rader also states that studies have shown that when helmet laws are weakened that the usage of helmets when riding is reduced by roughly 50 percent.

Check back here for the latest news on this proposal.

The legislation would allow motorcyclists to treat a red light as a stop sign if the light does not change to green in a reasonable amount of time. Carey Caldwell who has been a rider for over 40 years and also sells motorcycles, states that it would be "similar to a right on red. Full stop, take a look, make sure there’s no traffic and proceed safely through it," (Proposal Would Allow Bikers to Treat Some Red Lights as Stop Signs, Mike Parker, CBS Chicago,

http://chicago.cbslocal.com/2011/08/03/proposed-law-would-allow-motorcyclists-to-run-some-red-lights/).

Many believe it is not an issue of bikers sitting frustrated at red lights, but rather one of safety. It is not uncommon for a biker to "fear stopping at red lights because they know how hard it is at times for drivers to see the riders and the situation leaves them vulnerable to rear-end collisions," (Proposal Would Allow Bikers to Treat Some Red Lights as Stop Signs, Mike Parker, CBS Chicago).

This is not the first time this issue has been addressed in the U.S. Twelve other states have a law similar to the proposal being discussed in Illinois, including Missouri, Wisconsin, and in 2008 South Carolina joined in the ranks as well.

The proposal in Illinois was sponsored by Senator Gary Forby of Benton, but was originally vetoed by Governor Pat Quinn. However, the proposal passed the House with a 45-6 vote, and the law will go into effect June 1, 2011, (‘Straight on red’ law not yet in effect in Illinois, Kurt Erickson, Courier Lee News Service,

http://wcfcourier.com/news/local/govt-and-politics/straight-on-red-law-not-yet-in-effect-in-illinois/article_6653953a-183a-11e1-9271-001cc4c03286.html).

Up until then, law enforcement will use this time to look over the law to better understand how it will be monitored and to determine an appropriate amount of waiting time before going straight on red. Once the details are worked out, headquarters will send out a notice to all state troopers of the changes to be enforced, (‘Straight on red’ law not yet in effect in Illinois, Kurt Erickson, Courier Lee News Service).

This SMARTrainer consists of a cockpit much like that of an actual motorcycle, handlebars and seat, active throttle, clutch, front brake, shift lever that mimics a bike’s, and foot pegs with rear brake (Honda SMARTrainer-Wise up your riding skills with Honda’s SMARTrainer, Jeff Buchanan, Motorcycle.com,

http://www.motorcycle.com/how-to/honda-smartrainer86756.html). The system uses Honda’s proprietary software which creates seventeen different road environments on a computer screen in front of the rider and then the system responds to the rider’s reactions. The rider has the choice between day, night, or even a fog setting along a city, mountain or suburban roadway.

The specific purpose of the SMARTrainer is to provide a safe place for beginners to practice before jumping into a beginners’ riding course and then real-world riding. The program is set up to confront riders with real world dangers on the road like erratic traffic, bad drivers, merging vehicles, congestion, blind spots, etc., (Honda SMARTrainer-Wise up your riding skills with Honda’s SMARTrainer, Jeff Buchanan, Motorcycle.com). Although the SMART does provide all of these aspects, it is not a riding simulator and so does not produce any actual movement. Nonetheless, it is still a great education tool for riders.

At the end of a riding session, the program provides a performance review, not just from the rider’s perspective, but other vehicle’s as well. This is helpful in that it allows riders to physically see the results of their reactions to hazards and their interaction with other vehicles on the road. The rider will receive a detailed print-out of their results for themselves and the trainer to note progress and potential areas of weakness, (Honda SMARTrainer-Wise up your riding skills with Honda’s SMARTrainer, Jeff Buchanan, Motorcycle.com).

If you are interested in hopping on one of these SMARTrainers, call your local Honda dealer as there are 38 dealerships have one available for use. These are not only beneficial for beginners but also riders who are returning to the road and are looking for a little practice before heading out on the open road.

The run has grown more and more each year since its origin in 1980, starting out with just 30 riders to the present day count up to almost 3,000. Thousands of toys are gathered and other holiday items for the Salvation Army, Toys for Tots, and Kansas Food Banks each year during the ride.

Unfortunately this year there were two motorcycle accident during the event. The first accident occured at 25th and Broadway when a motorcyclist lost control of his bike. He and his female passenger fell off the bike and were taken to Via Christi Hospital. The two suffered from serious injuries. The second accident happend in the 6900 block of North Broadway and involved a bike and a rider says the 911 dispatcher. Both involved in this accident received minor injuries. Holly Potelle, the director of the event, involved since the very first run in 1980, said "it has been a long time since we had an accident, since we even had problems. You just never know with this many motorcycles,"

(Thousands of toys, delivered on two wheels, Beccy Tanner, The Wichita Eagle,

http://www.kansas.com/2011/11/07/2092798/thousands-of-toys-delivered-two.html).

Despite the two accidents, it was a successful and uplifting parade. There were so many toys donated this year that it took four 26-foot long trucks to haul everything. The exact amount of money raised this year has yet to be calculated, but last year the total raised was over $13,000.

Those involved in organizing the run really keep the giving spirit alive and it shows, as "the organization is all volunteer-no money is paid for salaries. Donations go to those in need," said Potelle. Both Dan and Dorothy Haines have been volunteering since 1996 and love being involved every year. They both play key roles in the parade as Santa and Mrs. Claus. Dan states that "this is about the most fun a person can have on a motorcycle. You are collecting toys, making kids happy, and donating to several different charities," (Thousands of toys, delivered on two wheels, Beccy Tanner, The Wichita Eagle).

Minus the two accidents, the run was definitely a success. If you haven't been be sure to mark it on your calendar next year as it is a great ride, but also a greay way to give back.

This problem is caused when the brake light switches are exposed to too much heat given off from the exhaust system. In turn the brake lights fail from the heat and can also cause fluid leaks and failure of the rear brakes. This problem is present in Touring, CVO Touring, and Trike motorcycles model years 2009-2012, (Harley to recall more than 308,000 motorcycles, The Associated Press, The Sacramento Bee,

http://www.sacbee.com/2011/10/24/4002839/harley-to-recall-more-than-308000.html).

This issue was first discovered in June of 2010 when a report of a Trike model motorcycle that lost its rear brakes. The company began an investigation after that, which lead to a crash in Louisiana, but it has been undetermined if this issue was the cause.

The company will notify owners of the recall as it will affect 251,000 motorcycles in the U.S. If you are one of the owners of a bike with this problem, installation of rear brake light switch kits are free at dealerships.

This recall is going to cost around $10 million to $12 million that will be an expense for the fourth quarter, according to the filing the company placed with the U.S. Securities and Exchange Commission.

(Harley to recall more than 308,000 motorcycles, The Associated Press, The Sacramento Bee).

The first to arrive on the scene to help Lamper were medical attendees from Family Care since the accident occurred right next to the facility. Following the accident Lamper, 64, was taken by ambulance to Frisbie Memorial Hospital. Injuries did not appear to be life-threatening but Lamper did suffer from both back and a righ wrist injury. Lamper was wearing a helmet while riding his bike, and no alcohol or other drug substances were in his system says Farmington Police Sergeant Michael McNeil, (Man hurt in Car, Motorcycle Collision in Farmington-Liz Markhlevskaya, Rochester Region,

http://www.fosters.com/apps/pbcs.dll/article

AID=/20111013/GJNEWS_01/710139766&template=RochesterRegion).

The motorcycle Lamper was riding was towed and the 2011 Nissan Sentra had severe damage on the passenger side. Terry, 83, the driver of the blue 2011 Nissan Sentra, is not being charged, although he was suppose to give the right of way to Lamper before making his left-hand turn. However; McNeil says the investigation is still open.

President Obama was due to speak at the Greensville County High School in Emporia, and as the motorcade made its way through it was necessary to shut down both sides of the interstate, and that’s what State police were assisting with, said Sergeant Michelle Anaya, (VA. State Police motorcycle crashes during Obama motorcade, The Virginian-Pilot, Lauren King,

At mile marker number 8 mile while securing the roadway along the southbound side of 1-95, Sergeant J.L. Kirkpatrick crashed his motorcycle when he slid off the left side of the ramp causing him to overturn, (VA. State Police motorcycle crashes during Obama motorcade). As the presidential motorcade went past, reporters with the motorcade saw the accident along the exit ramp.

Rescue personnel were close by so responded quickly and were able to treat him on the scene. Luckily Kirkpatrick injuries were not more serious, he suffered minor abrasions.

The accident occurred shortly after practice on Monday, October 10, their first day back from bye week. Ninety minutes after practice on Interstate 71 Benard crashed his motorcycle. Benard was traveling at a "high rate of speed" causing him to lose control of the bike crossing over four lanes until crashing into a guardrail, a witness told police on the scene. Police confirm there were no other vehicles involved and that the investigation has come to a close, (Report: Browns to pay Marcus Benard, The Associated Press,

http://espn.go.com/nfl/story/_/id/7096957/cleveland-browns-reportedly-pay-marcus-benard-accident). Benard now suffers from a broken hand and other undisclosed injuries. After three days Benard was released from the Cleveland Clinic.

Although the injury was non-football related, the Browns have decided to pay Benard for the remainder of the season, which is roughly $375,000. Benard has been placed on the reserve non-football injury list which only having played four games this year ends his season, (Report: Browns to Pay Marcus Benard, The Associated Press).

As an undrafted free agent in 2009, his rookie season, the first nine games Benard was on the practice squad until he was signed to the active roster and played in the last six games with 3 ½ sacks. In 2010 he held the lead with 7 ½ sacks playing in a total of 15 games, (Report: Browns to Pay Marcus Benard, The Associated Press).

Cleveland Browns coach Pat Shumur had said last week that there was a future for Benards with the Browns. Defensive Coordinator Dick Jauron says on Benard’s accident "It’s so devastating for the young man. He was just starting to get back from preseason injuries and setbacks. It’s a big disappointment. I’m very disappointed for him and for us." Although this is a blow to Benard and the team, of course all are grateful that it wasn’t more serious and "thankful that he’s still with us," Jauron.

Insurance companies have been overcharging by using inflated motorcycle values to set up premiums revealed a recent investigation, (Insurance refund for motorcycle riders-Coakley: Companies to return $40 million, Heidi Voight, WWLP 22 News, http://www.wwlp.com/dpp/news/Insurance-refund-for-motorcycle-riders). Forty million dollars will go back to bikers in Massachusetts after fifteen insurance companies settled with the state Attorney General.

How did this come about? It all came to the surface when one customer filed a complaint. The customer owned a 1999 Harley Davidson Road King classic, but the premium was calculated as if the bike was new from 2003 to 2008, (Insurance refund for motorcycle riders-Coakley: Companies to return $40 million).

The refunds will range anywhere from one hundred dollars to a thousand per check, and over fourteen thousand checks are being issued by the end of this month.

Wondering if you qualify? The settlement "covers bikers who purchased comprehensive and/or collision insurance on a motorcycle on or after January first of 2002. That motorcycle must have been overvalued by the insurance company for the purpose of calculating premiums," (Insurance refund for motorcycle riders-Coakley: Companies to return $40 million). To find out if you should have a check coming your way visit

www.motorcycle.ago.state.ma.us.

The accident occurred near Utah State University where Wright was headed on his motorcycle, to study. A BMW pulled out of a parking lot and as skid marks show, Wright laid his bike down as he slide along the road before colliding with the car. The bike then smashed into the car’s hood and bounced to the ground, while Wright slid underneath the car and both the motorcycle and car became inflamed, described Jeff Curtis, Assistant Logan Police Chief, (Students lift car off Utah motorcyclist after fiery crash, Jennifer Dobner, Sun Times, http://www.suntimes.com/news/nation/7651193-418/students-lift-car-off-utah-biker-after-fiery-motorcycle-crash.htmluntimes.com).

Nearly half a dozen witnesses lined up along the side of the car to take action, as they began to rock and then lift the car enough for a construction worker to finally be able to pull Wright from underneath the car and two officers to extinguish the flames. The rescuers are being dubbed ‘heroes’ and ‘angels,’ yet none wants to accept such a title. Abbass Sharif, a Utah State doctoral candidate and one of the rescuers said “That’s a big title. I don’t consider myself a hero. It’s just our humanity…Everyone is going to help.”  Regardless of whether they are willing to accept a title or not, Curtis said he could “only speculate what the outcome would have been had none of the rescuers sprung to action.”

The 21 year old student Wright who was involved in the accident is “very thankful. They saved my life.” Tyler Riggs, Wright’s uncle says he does recall details of the accidents, being able to feel the heat of the flames, being under the car spitting up blood and unable to speak. Although Wright was not wearing a helmet he suffered no head trauma, but did have a broken pelvis, both legs broken, road rash, burns on his left foot and abrasions on the forehead. A statement from the hospital declares Wright’s condition as satisfactory.

There is no comment from the driver of the BMW, but one rescuer Matt Barney said “he was really worried about the safety of the young man; he was very emotional and shaken.”

Riggs, just like Wright and the rest of his family are extremely grateful for the acts of the rescuers that day. “They risked their lives,” said Riggs, “It restores my faith in humanity,” (Students lift car off Utah motorcyclist after fiery crash, Jennifer Dobner, Sun Times, http://www.suntimes.com/news/nation/7651193-418/students-lift-car-off-utah-biker-after-fiery-motorcycle-crash.htmluntimes.com).

• Is your bike ready for long distance travel? Checking the tire pressure, headlights, and fluids prior to venturing on your trip can prevent several issues that could leave you stranded.

• Know your exit. Besides keeping you aware of your next stop, drivers may make unforeseen lane changes to exit potentially causing an accident.

• Be seen! Make sure to wear bright, reflective clothing to stand out and be seen by others on the road.

• Map out or GPS your route. In an unfamiliar area knowing the road and possible construction areas will make you aware of upcoming lane changes and basic surroundings.

• Give yourself time. Leave a little earlier than originally planned; this allows for possible delays and unexpected traffic.

• Be well rested. Riding tired or ill will cause you to lose focus. Take breaks when needed.

• Know that your mirrors may be distorted; motorcycle riders have a narrower field of vision than that of a vehicle’s.

• Know a truck’s blind spots. If you cannot see the truck driver in the truck’s mirror, he or she cannot see you.

• Leave yourself space. In large amounts of traffic it becomes difficult for drivers to see you so be sure to leave a perimeter of space in front and back of you, and on either side.

 (Travel Safety This Labor Day Weekend, Leather Bound, http://blog.leatherboundonline.com/325/travel-safely-labor-day-weekend/).

The most important thing is to pay attention, because unfortunately you cannot count on other drivers to. Being aware of your surroundings and other drivers will help keep you out of harm’s way this holiday. Have a safe and fun Labor Day weekend!
 

Whether you have been in past years or if this will be your first, this event promises to be a good time! The main attraction for the weekend will be some of the world’s best motorcycle riders competing for IMS victory. Some of the riders include Jorge Lorenzo, Colin Edwards, Ben Spies, Dani Pedrosa, Casey Stoner, Valentino Rossi, and Nicky Hayden. Want to see them in action? The featured race will start at 2p.m. Sunday, August 28.

Many of the popular events at IMS will now be a part of their “IMS After Dark;” evening programming. Public gates will remain open until 10p.m. and for the first time; bikes can be parked in the center of it all on the new Main Street in IMS infield.

A concert line-up of both national and regional acts will be a highlight of IMS After Dark. The line-up is as follows:

Friday, August 26:
7:15p.m.-8:15p.m. : Crash-led by two-time World Superbike champion and former MotoGP rider James Toseland.
8:30p.m.-10p.m. : Appetite for Destruction-a premier Guns N’ Roses tribute band.

Saturday, August 27:
6:30p.m. : Kelley James-acoustic/pop/freestyle artist.
7:45p.m. : DJ Mick Boogie
9p.m. : Ghostland Observatory- elector-rock band with laser show.

Pre-race enjoy stunts performed by Red Bull aerobatic and air race pilot Kirby Chambliss and Red Bull motorcycle stunt riders Geoff Aaron and Aaron Colton. This is sure to be a show as “Chambliss will fly over the IMS infield and Brickyard Crossing Golf Course, Colton will perform stunts on the front straightaway, and Aaron will stunt in the Vender Marketplace,” (What’s New at the Red Bull Indianapolis GP?, Paul Kelly, www.indianapolismotorspeedway.com).

This year Harley Davidson fans will be pleased as AMA Pro Vance & Hines XR1200 series brings HD to IMS.  Events will take place all three days with races on Saturday and Sunday. If you like more of a classic look, vintage racing motorcycles that will be participating in the Cycle World Rolling Concourse will be on display as well.

Other popular events to look forward to are interviews with every MotoGP rider Friday at 5p.m. adjacent to the main stage, the Pit Walkabout “which allows fans to see up-close the incredible prototype machines of MotoGP will take place on the pit lane from 5-6:45p.m. Saturday on the Red Bull Energy Stage,” (www.indianapolismotorspeedway.com), and a firework show Saturday!
 

Pumped for the 2011 MotoGP Red Bull Indianapolis now? Get your tickets at www.imstix.com or call IMS ticket office at 317-492-6700. Pricing is as follows:
 

Race Day general admission: $40
Friday general admission: $10
Saturday general admission: $20
Three-day general admission: $60
Friday-Saturday general admission: $25
Race Day reserved seat: starting at $70
Children ages 12 and under FREE! (must be accompanied by an adult with a general admission ticket).
 

To know how the rally got to be what it is today, you have to look back on its origins. In 1936 the forming of the Jackpine Gypsies Motorcycle Club is what started it all. Once they were officially chartered by the American Motorcycle Association a year later, AMA began promoting the events, which started the very first rally in Sturgis on August 14, 1938. With only nine racers that year, it’s amazing to see the growth and support this rally has had to the present day. On the 40 acres that the club owns there is a light short track, motocross track, field meet area, hill climb area, clubhouse, office and state approved concession. (www.sturgis.com).
 

Just how big is this 71 year old rally? In attendance in 2008 were 400,000, 66 marriage licenses were issued, and 697 vendors were present. Can’t wait to see what the stats were from this year!  With such a large population to entertain, the rally has an on-going wide range of events. Just some of the events that attendees enjoyed this year were swapping Harley Davidson parts, machine gun shooting, fire dancers, World’s Biggest Biker Pool at 5,000 sq ft., “Burn-Out –In-The Sky," Star Boyz-Stunt Riders, The World Pickle Lickin’ Federations World Champion Contest, World Famous Coleslaw Wrestling, AMD World Championship of Custom Bike Building, sky diving, checking out the latest custom bikes, tons of races and concerts, and even getting a souvenir tattoo!
 

For 30 years now Buffalo Chip’s has been a part of the Sturgis Rally and to celebrate they pulled together a concert line-up to remember. Acts from this past rally included Alice Cooper, Styx, Buckcherry, Def Leppard, Poison, Lynyrd Skynyrd, and  Puddle of Mudd, just to name a few.

And if that isn’t enough, what could be greater than getting married in the great outdoors at a bike rally? Not much so thinks Mary-Maisey Ireland, wedding officiate and ceremony planner for weddings at Sturgis. Weddings are officiated year round in the Black Hills. Ireland works hard to make the ceremony personal by asking couples for little details like a favorite poem, song, etc.  And what better way to celebrate after than returning to a rally of 400,000!
 

Be sure to mark your calendar for this awesome time next year! The 72nd Annual Sturgis Rally will be held from August 6th thru August 12th 2012. For more information on accommodations, events, and photos from this year’s rally visit www.sturgis.com.
 

Thermahelm essentially is a helmet that upon impact acts as a cooling pack for the brain. Brain injuries are the leading cause of death in motorcycle accidents, which are typically due to swelling of the brain and medical response time. The thermahelm helmet claims to reduce brain swelling by keeping the brain cool for up to 45 minutes, allotting more time for emergency response.

Invented by neuro-protective specialist Julian Preston Powers in 2005, the basic science of the helmet is that it contains polystyrene foam, which is found in all helmets; the same foam used in walls, refrigerators and portable coolers. This specific foam is a great energy absorber in the event of an accident; however also being an insulator it can cause over heating for the wearer. Powers’ helmet combines this foam technology with two chemical packs in the lining. The first pack contains ammonium nitrate and the other water. When an accident occurs and the helmet is impacted the packs mix to create a cooling reaction which will stabilize temperature of the brain and ease swelling.

The first round of helmets sold out when they were introduced in Britain for 999 pounds or 450 US dollars. Even with such a huge initial success, some consumers are skeptical. One reaction is that “anything like this distracts from the central message which is don’t have the accident in the first place, be careful, and…you’ve got to have consideration for motorcyclists,” says Iam Mutch of the Motorcycle Action Group in Daily Tech's “Thermahelm Motorcycle Helmet Helps Prevent Injury by Inducing Brain Freeze.” Others like Martin Dugard British Speedway racer, believe it’s important to protect yourself, especially the head. 
 

Beyond the safety aspects of Thermahelm’s helmets, they’ve extended their cooling technology to comfort levels for motorcyclists as well with their ICE system (Internal Cooling/Extraction). This system consists of tubing which when activated releases compressed gas which can significantly cool the head by several degrees in a matter of seconds. This makes the rider more comfortable on hot summer days, but again promotes safety by helping riders stay concentrated in warmer weather conditions. The network of cooling tubes can be activated by a trigger which can be placed in any convenient spot for the rider. Some models even come with a built in GPS system which is traceable in the event of an accident, increasing medical response time.
 

Curious and want more information?  http://www.thermahelm.com/index.html
 

In New Hampshire, as unlikely as it seems, Seacoast Harley-Davidson has teamed up with local law enforcement to help enforce the mandated decibel level and educate non-bikers about the actual parameters of the laws and many misconceptions that the volume of noise they are hearing is not actually in violation of the law.
 

New Hampshire’s maximum decibel level for motorcycle exhausts is 106 decibels.  Most local bikers have no problem complying with the level set by the state, however, some continue to use modified exhausts that exceed the maximum decibels and risk an $84 ticket.  At a press conference held at Seacoast H-D, police officials said they are considering suspending motorcycle registrations of repeat offenders as further incentive to comply with the law.
 

Seacoast Harley-Davidson helped fund the noise campaign including printing brochures explaining commonly misunderstood motorcycle laws.  They have even gone as far as putting up posters outside the dealership saying “Motorcycle Noise Annoys.”   The owner says that they “want to educate owners and the public about what legal motorcycle exhaust is.”  All motorcycles sold at their dealership are compliant with the law, as are most all motorcycles registered in general; a lot of the complaints are “perception problems.” 
 

The belief of Seacoast and New Hampshire police is that this partnership will help them come up with a solution locally that will meet everyone’s needs.  In the 2010 ballot a group of citizens successfully created an ordinance that stated in the town of Hampton, motorcycles could not exceed 82 decibels.  North Hampton Police Chief Brian Page says that is it common knowledge, however, that he will not enforce this ordinance because it is overridden by state law.  He wants to make sure he is being fair to the citizens of Hampton as well as all motorcyclists passing through.
 

To find out the motorcycle noise restrictions in your state you can visit http://drivinglaws.aaa.com/laws/motorcycle-noise-limits/
 

While discussions about these types of checkpoints have gotten very heated, it's best to abide by Georgia's laws while passing through to bike week.  The estimated delay for bikers with proper equipment and endorsements should only be a few minutes.

Another bonus, without the removable battery pack, no one can steal your motorcycle!

The Harley-Davidson Museum is hosting 5 day motorcycle camps throughout 2011 in their hometown of Milwaukee.  May 9th-14th is Biker Boot Camp for Women, June 27th-July1st is H-D Fantasy Camp and July 6th-11th is Speed Camp.  All camps feature unique tours and rides aimed specifically for the registered group.  Cost is $3,000 which includes a night out, riding time on a Harley, hotel, transportation to all camp destinations, admissions to all planned activities and of course food.  Each group is only accepting 20 riders so if this sounds like your kind of vacation, register now at http://www.harley-davidson.com/wcm/Content/Pages/HD_Museum/programs.jsp?locale=en_US or call 414-287-2799

The Motorcycle Lawyer represents injured bikers all across the country so let us know about some of your favorite rides either here or on our facebook  www.facebook.com/TheMotorcycleLawyer

The Motorcycle Lawyer helps injured bikers all over the country so be sure to call us if you are injured in an accident.  1-877-BIKERLAW

Jason Waechter, The Motorcycle Lawyer, has been chosen to fly to Washington D.C. and participate in an educational program, hosted by the NHTSA (National Highway Transportation Safety Administration), to teach judges across the country about "motorcycle safety issues." This will include dispelling prejudices against bikers, teaching judges that DON’T ride the basics of riding, and talking about what other drivers do that is dangerous to motorcyclists. Now here’s where we need your help; what information would you want a judge to know if YOU were in front of them, whether it be for a traffic ticket, a personal injury lawsuit against another driver, or even a criminal charge. We want as much feedback as possible from bikers all across the country! The NHTSA has added motorcycle safety to its "most wanted" list for 2011 and this is allowing your voice to be heard. We want to know what is most important to YOU. Post comments here or feel free to email us at

reception@lawyerforlife.com

Send Pre-registration to:

236 Massachusetts Ave. NE, Suite 510

Washington, D.C. 20002

(Must be received by August 21st)

If these new requirments prove to make a difference I'm sure we can expect to see laws like this popping up throughout the country.

Ride Safe Fellow Bikers