The proposed motorcycle helmet law, Senate Bill 291, has now become law. Governor Rick Snyder announced this decision today, April 13th, 2012.

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
 

This past Saturday during the Veterans' Celebration at the Charlotte Motor Speedway track, two Vietnam veterans collided on their motorcycles, the results fatal for both of them.

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).
 

Three motorcyclists all on their own bikes were hit by a Pontiac Grand Am on Wednesday night in Clarksville, Tennessee.

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). 

The recent Tennessee Motorcycle Liberty Restoration Act could put an end to the law requiring motorcyclists ages 21 and older to wear a helmet. Helmet laws have always been a topic of controversy and with this being brought up a line has been drawn in the sand, dividing the state into 2 sides.
 

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.
 

This past Wednesday afternoon a motorcycle-car collision in Bradley County Ohio resulted in one injured and one dead.

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).

Looking back on 2011, there have been a lot of influential people that have caused ripples of change. One person in particular is being recognized by the American Motorcycle Association (AMA) as the AMA Motorcyclist of the Year for 2011, Nancy Sabater. You may already know the story, but if not Sabater's story is one of hard work, persistence, and believing in making a change.

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).

In October 2006 David Hartog was hit while riding on his motorcycle by Laura Eads as she was turning left on Manchester Road. Hartog suffered injuries to his hands, fingers, and shoulder, which is why he filed suit over the matter last year.

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.

The Myrtle Beach Harley-Davidson rally has long been known for its crowds, fun, and great location along the beach in South Carolina. More recently however; there have been complaints about stricter rules. Sonny Copeland, promoter of the rally, is planning a new event in Florence being called the Myrtle Beach Bike Week West.

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.

Under the new legislation proposed by Massachusetts State Senator Stephen Brewer, bikers 21 and older would be provided the choice to wear a helmet or not.

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.