As the holidays approach, the Sam Bernstein Law Firm would like to advise safety tips for travelers making long trips to visit family and friends. Traveling in the snow and other icy conditions can present driving challenges.

According to the National Safety Commission, 90 percent of traveling during the Thanksgiving holiday will be by car. Follow a few tips for safe driving to avoid a car accident this holiday season:

• Slow down more than usual, and leave room between your car and the car in front of you. Your car may need more time to stop completely when suddenly breaking.
• Don’t drink and drive – even buzzed driving can impair your judgment and cause a car accident.
• Fatigued driving is also unsafe. The National Highway Safety Administration says fatigue is a factor in 12.5% of crashes that result in hospitalization. The NSC recommends stopping every 2 hours, or 100 miles.
• Give yourself more time when scheduling trips to avoid speeding – or travel on off-days, such as the Tuesday before Thanksgiving instead of Wednesday. Often traffic may add another hour to the trip. Check road conditions and the traffic report to find the best possible route.

Being prepared in case of an emergency is also key to preventing injuries and death. Pack an emergency snow kit in your car trunk with a snow scraper/brush, flashlight, blankets, booster cables, a shovel, a bag of sand for tire grip, flares and a first aid kit. Remember to bring a cell phone and car charger, but be sure to pull over before using it to avoid distracted driving.

Bring your automobile to a mechanic and have it winterized before traveling. Have a certified mechanic check your oil level, tire pressure, windshield wipers, heater, defroster, antifreeze, and brakes.

Unfortunately, preventive measures may not always prevent a motor vehicle accident. If you or a loved one was seriously injured in a Michigan auto accident, talk with an experienced Michigan car accident lawyer.

In today’s , Detroit Free Press, columnist Ron Dzwonkowski writes about the seemingly random events on our roads lead can lead to tragedy.

In our work at The Sam Bernstein Law Firm, we see the horrific result of these accidents on the accident victim and their family. Every day we receive calls from auto accident victims who were simply driving to work or on their way to pick up a child at school when a drunk driver or careless person causes a life changing accident.

The lesson is two-fold. First, live life to the fullest every day and in every moment because you never know when your life (as you know it) could change forever. Second, and more practically, drive defensively at all times – keep an eye on the road and the drivers around you. Going slower also dramatically reduces the risk of injury in an accident.

The U.S. Department of Transportation recently reported that motor vehicle deaths dropped in 2009 to the lowest level since 1950.

A 9.7 percent overall decrease in deaths caused by auto accidents from 2008 to 2009 covered a variety of motor vehicles and related auto accident injuries, including:

• Motorcycle accident fatalities decreased by 24%, breaking an 11-year upwards trend
• Passenger car occupant fatalities declined by 13%
• Truck accident deaths dropped 26%
• Alcohol-impaired driving deaths fell 7.4%

The total number of motor vehicle injuries decreased from 2.35 million in 2008 to 2.2 million in 2009. The U.S. Department of Transportation report suggested several reasons for the overall declines in traffic-related injuries and deaths, including:

• The state of the economy – People may be carpooling, using public transportation or alternative methods of transportation (bicycling) to cut down on motor vehicle costs, such as gas, vehicle maintenance, insurance, and even parking costs.
• A rise in unemployment – Fewer people overall are commuting or have a need to travel to a job. Additionally, less money earned means less financial ability to go out to restaurants, shopping centers, or entertainment.
• Improvements in vehicle design – Recent vehicle product recalls, stiff fines and close public attention to auto manufacturers may have created safer vehicles.
• Highway safety programs – Awareness of traffic safety may be heightened by increased and improved safety campaigns and programs.

In 2009, Michigan auto accident deaths declined by 11 percent, or 1.3 percent over the national average. The total number of fatalities dropped from 980 to 871, with the greatest decline of 13 percent found in alcohol-impaired driving deaths.

Despite the state and nation-wide decline in auto accident deaths, there are still thousands of Michigan car accident victims suffering from injuries.

The Sam Bernstein Law Firm supports Michigan traffic safety and awareness, and protecting your rights. If you or a loved one was seriously injured in a Michigan auto accident, contact an experienced Michigan car accident lawyer for a free, confidential legal consultation immediately.

Currently twenty states and the District of Columbia require all motorcyclists to wear a helmet by law. Additionally, twenty-seven states require only some riders to wear a helmet, and three states do not have a motorcycle helmet law. Illinois, formerly of the latter, may soon join the other states in amending motorcycle law to include mandatory helmets, applicable to bicyclists as well.

The Illinois House Vehicles & Safety Committee recently heard testimony for and against a proposal, HB6114, that would require riders under the age of 18 to wear helmets. Fines would be set at $30 for the parents of riders without helmets.

Ultimately, the sponsor of the bill agreed to postpone the bill in order to address the concern that children over the age of 14 are less than likely to accept a helmet law, affecting the amount of young bikers willing to choose alternative forms of transportation. State Representative Julie Hamos plans to rewrite the bill in order to apply only to younger children.

In Michigan, a mandatory motorcycle helmet use law is in place for all riders and passengers. Michigan motorcyclists must also wear shatterproof goggles, a face shield or a windshield to protect their eyes while riding, whether they are riding on highways, roads, streets or other thoroughfares in Michigan.

According to the Insurance Institute for Highway Safety, only three states lack a motorcycle helmet law of any kind, including Illinois, Iowa and New Hampshire.

In 2008, 18% of the 316,057 total reported motorcycle accidents resulted in personal injury. The National Highway Traffic Safety Administration says motorcyclists were 37 times more likely than passenger car occupants to die in a crash per vehicle mile traveled in 2007. The NHTSA estimates that motorcycle helmets reduce the likelihood of motorcycle accident fatality by 37 percent.

One key example of the affect of helmet laws on motorcyclist deaths and injuries is the case of California’s all-riders helmet use law that took effect on January 1992. Helmet use jumped to 99 percent from about 50 percent before the law. During the same period, the number of motorcyclist fatalities in California decreased 37 percent to 327 in 1992 from 523 in 1991.

A trend of weakening helmet laws has occurred since the instatement of mandatory helmets, usually to apply only to younger riders. The Florida helmet law was amended in 2000 to exempt riders 21 and older with at least $10,000 of medical insurance coverage. An evaluation by the NHTSA found that motorcyclist deaths per 10,000 motorcycle registrations increased 21 percent during the two years after the law was changed compared with the two years before.

“If you or a loved one was seriously injured in a Michigan motorcycle accident, it’s important to know your legal rights,” says Michigan motorcycle accident lawyer Mark Bernstein. “After a Michigan motorcycle accident, it is essential to consult a Michigan motorcycle accident attorney immediately. The legal claims of a Michigan motorcyclist are different — and more complicated — than the claims of an automobile driver, because Michigan law does not consider a motorcycle to be a ‘motor vehicle.’”

For a Michigan motorcyclist, the results of a Michigan motorcycle accident can be extremely serious – or even fatal.

The facts about Michigan motorcycle accidents are clear.

In 2005, 120 motorcyclists died in Michigan motorcycle crashes, according to the motorcycle accident statistics reported by the Michigan Office of Highway Safety Planning. Another 2,660 motorcyclists were injured in Michigan motorcycle accidents in that year alone.

Compared with other travelers, Michigan motorcyclists are at much greater risk. A Michigan motorcyclist was the victim in 1 out of every 7 crashes causing death, and 1 out of 28 crashes causing injury.

Accident statistics show that the danger is increasing for Michigan motorcyclists. In the last 10 years, the number of Michigan motorcycle accidents rose by 45%. At the same time, the number of Michigan motorcycle accidents that resulted in death rose by 98%.

These Michigan motorcycle crash facts just begin to show the seriousness of these accidents. Statistics certainly cannot describe the lasting impact of a motorcycle accident on the victims or their families.

What to do After a Motorcycle Accident
After a Michigan motorcycle injury accident, there are important steps you can take to preserve evidence essential to a potential legal claim.

Obviously, if you or other accident victims need emergency medical assistance, ask someone to call an ambulance immediately.

If you can, while you are still at the accident scene, collect the following information:

1. Get the name, address, and telephone number of the other driver(s) involved in the motorcycle accident.
2. Get the drivers license number(s) and insurance information of the other driver(s), involved in the Michigan motorcycle accident.
3. Get the make, model and year of the other vehicles(s) involved in the Michigan motorcycle accident and check the vehicle registration(s).
4. Take down the name and address of the owner of each vehicle involved in the Michigan motorcycle accident, if a driver does not own that vehicle.
5. If a business vehicle is involved in the Michigan motorcycle accident, write down the name, address, and telephone number of that business.
6. If a leased or rented vehicle is involved in the accident, write down the name, address, and telephone number of the rental company.
7. Give your name, address, drivers license number and insurance information to the other driver(s) involved in the Michigan motorcycle accident.
8. Look around the accident scene to locate all possible witnesses. Ask for their names, addresses, and telephone numbers (home, cell, and work). If the witnesses to the accident do not want to get involved, write down their automobile license plate numbers and the states where the license plates were issued.
9. Listen carefully to comments that the other driver(s) involved in the motorcycle accident, about events leading up to the accident, such as “I didn’t see you,” and write down their comments.

Call the police, or have someone else call them immediately. Generally, the police officer will interview all the drivers and any witnesses at the accident scene.

The police may also collect vital physical evidence and record the location of skid marks, highway signs and markings, and debris from the accident. All this information could be critical to “reconstruction” of the Michigan motorcycle accident, to determine the speed of each vehicle, the point of impact, and the person responsible for the accident.

At the scene, ask the police officer to find out where the other driver was going. If the driver was traveling on a work assignment, you may have legal claims against both the careless driver and his or her employer, for injuries you suffered in the Michigan motorcycle accident.

If you did not go to the emergency room right after the accident, see a doctor as soon as possible. It is very important to get a check-up, because you may not be able to tell how badly you are hurt right after an accident. Be sure to follow all the doctor’s instructions about further medical care, tests, treatment, or restrictions on your activity.

After a serious motorcycle accident, the at-fault driver or his or her insurance company may try to take advantage of an injured victim. To avoid this, follow these guidelines:

• Do NOT get into an argument with the other driver(s) involved in the Michigan motorcycle accident about what happened.
• Do NOT sign any statements or documents about the facts of the accident.
• Do NOT have your bike repaired. Wait until you have an experience Michigan motorcycle accident attorney, who will get your bike photographed and inspected, notify the other driver’s insurance company, and show it the damage to your motorcycle.
• Do NOT answer questions from an insurance company or from an attorney representing the other driver involved in the Michigan motorcycle accident.
• If your own insurance policy requires you to report your Michigan motorcycle accident within a certain time, get an attorney to help you with this as well.

If you or a loved one was seriously injured in a Michigan motorcycle accident, contact an experienced Michigan motorcycle accident lawyer.

Most Michigan motorcyclists use every possible safety precaution. But a motorcyclist hit by a car may not stand a chance. In these collisions, the motorcyclist is at grave risk of severe injury, permanent disability, or even death.

Over 4,000 motorcyclists died in motor vehicle crashes in 2004, according to the National Highway Safety Administration. Another 76,000 motorcyclists were injured in traffic accidents in that year alone.

Motorcyclists who survive automobile crashes often suffer serious injuries that require hospitalization, surgery, and long-term medical treatment. Some victims never regain their ability to work or resume normal family life.

Even if a car accident victim makes a relatively good recovery, the crash takes its toll. The individual may lose time and income from work, need help with household chores, and have to live with lingering pain from car accident injuries. In short, an auto accident can significantly change a motorcyclist’s life — temporarily or even permanently.

Special Legal Issues in Motorcycle-Car Accident Cases
A motorcyclist injured in a Michigan car accident has a special need for help from a highly-qualified car accident attorney. In important ways, the legal claims of a motorcyclist are different — and more complicated — than the claims of an automobile driver, because Michigan law does not consider a motorcycle to be a “motor vehicle.”

Therefore, the most important legal claim available to a motorcyclist who is seriously injured in a Michigan car accident may be a Third-Party lawsuit against the negligent driver and the owner of the automobile involved in the collision. Under Michigan law, the injured motorcyclist may be able to recover damages for non-economic losses, including pain and suffering.

The Michigan car accident victim also may have a First-Party claim for No-Fault benefits, which cover economic damages, including medical costs, wage loss, attendant care, and replacement services. These No-Fault First-Party benefits may be crucial to the economic survival of a motorcyclist injured in a Michigan car accident. The accident victim must claim these benefits within one year.

However, an individual who held legal title to the motorcycle on which he or she was injured, and did not carry the basic liability insurance required by Michigan law, cannot get First-Party Benefits.

If you or a loved one have been seriously injured in a Michigan car accident, contact an experienced car accident lawyer immediately.

Question: At the time of my Michigan motorcycle accident, I did not have insurance on my motorcycle. Can I still sue the driver who hit me?

Answer: Yes. Michigan law treats motorcyclists differently than individuals driving their own cars without insurance. Thus, an injured motorcyclist, who did not have insurance on his or her bike, may bring a lawsuit against the careless driver who caused the Michigan motorcycle accident.

Question: What is Uninsured Motorist Coverage?

Answer: Uninsured Motorist Coverage is an insurance coverage option that may allow you to recover damages from your own insurance policy, when an at-fault driver did not have insurance or cannot be identified (i.e. hit and run driver). It is a wise idea to carry uninsured coverage, to protect yourself in case you are in this situation when you are in a Michigan motorcycle accident.

Question: Is there a difference between uninsured motorist coverage and underinsured motorist coverage?

Answer: Yes. Underinsured coverage provides an additional means of collecting damages, if you are seriously injured in an accident. It is different than uninsured coverage, which is available when there was no identifiable insurance on an at-fault vehicle. For example, if you carried a policy of $100,000 underinsured coverage and the at-fault driver had a $20,000 liability insurance policy, you could seek up to $80,000 in additional damages from your own insurance company. This applies only after your attorney secures a tender offer of the underlying policy of insurance. As you can see, these claims are complicated and must be handled carefully.

An uninsured endorsement on a policy does not necessarily include an underinsured endorsement. Premature acceptance of an underlying policy in full settlement of your Michigan motorcycle accident claim could deprive you of the right to collect uninsured coverage.

Question: The driver who caused the Michigan motorcycle accident did not have insurance. I did not carry uninsured motorist coverage on my motorcycle, but have it in my motorcycle insurance policy. Can I make a claim for damages I suffered in the Michigan motorcycle accident through my motorcycle insurance?

Answer: Maybe. Your eligibility for uninsured coverage may depend on the specific wording of your Michigan motorcycle insurance policy. You should contact a Michigan motorcycle accident lawyer for help determining what your insurance policy covers.

If you or a loved one was seriously injured in a Michigan motorcycle accident, talk with an experienced Michigan motorcycle accident lawyer.

Most motorcyclists use every possible safety precaution. However, a mistake by another driver may be the cause of a motorcycle accident. In that situation, even the most careful and skilled motorcyclist is at risk of life-threatening injury.

In the United States, about 4,000 motorcyclists die on the highways every year. Traffic accidents injure another 67,000 motorcyclists annually in this country. Many survivors of motorcycle crashes suffer serious injuries that require hospitalization, surgery, and long-term medical treatment. Victims often, never fully regain their ability to return to work or resume family responsibilities.

Even if a motorcycle accident victim fully recovers, the accident can take its toll. An individual may lose time and income from work, need help with household chores, and have to cope with the pain of injuries and necessary medical treatments. In short, a serious motorcycle accident can significantly change the victim’s life — temporarily or even permanently. That is why, if you or a family member is involved in a motorcycle accident, you need to protect your rights.

Motorcycle Accidents in Michigan

The facts about Michigan motorcycle accidents are clear. In 2005, the Michigan Office of Highway Safety Planning reported 120 motorcyclists died in crashes. Another 2,660 motorcyclists were injured in accidents in that year alone. Compared with other travelers, motorcyclists are at greater risk. A Michigan motorcyclist was the victim in 1 out of every 7 crashes causing death, and 1 out of 28 crashes causing injury. Statistics show that the danger is increasing. In the last 10 years, the number of Michigan motorcycle accidents rose by 45%. At the same time, the number of Michigan motorcycle accidents that resulted in death rose by 98%. These facts just begin to show the seriousness of these crashes. Statistics certainly cannot describe the lasting impact on the victims or their families.

What to do After a Michigan Motorcycle Accident to Protect your Rights

If you or other accident victims need emergency medical assistance, ask someone to call an ambulance. If you can, while you are still at the accident scene, collect the following information:

• Get the name, address, and telephone number of the other driver(s).
• Get the drivers license number(s) of the other driver(s).
• Get the insurance information of the other driver(s).
• Get the make, model and year of the other vehicles(s) and check the vehicle registration.
• Take down the vehicle owner’s name and address, if the driver does not own that vehicle.
• If it is a business vehicle, write down the name, address, and telephone number of that business.
• If it is leased or rented, write down the name, address, and telephone number of the rental company.
• Give the other driver(s) your name, address, driver’s license number and insurance information.
• Look around the accident scene to locate all possible witnesses to the accident. Ask for their names, addresses, and telephone numbers (home, cell, and work). If the witnesses do not want to get involved, write down their automobile license plate numbers and the states where the license plates were issued.
• Listen carefully to comments that the other driver(s) make about events leading up to the accident, such as "I didn’t see you," and write down their comments.

Call the police, or have someone else call them immediately. Generally, the police officer will interview all the drivers and any witnesses at the accident scene. The police may also collect vital physical evidence and record the location of skid marks, highway signs and markings, and debris from the accident. All this information is critical to "reconstruction" of the accident, to determine the speed of each vehicle, the point of impact, and the person responsible for the accident.

Ask the police officer to find out where the other driver was going. If the driver was traveling on a work assignment, you may have legal claims against both the careless driver and his or her employer. If you did not go to the emergency room right after the accident, see a doctor as soon as possible. It is very important to get a check-up, because you may not be able to tell how badly you are hurt right after an accident. Be sure to follow all the doctor’s instructions about further medical care, tests, treatment, or restrictions on your activity.

After a serious accident, the at-fault driver or his/her insurance company may try to take advantage of an injured victim. To avoid this, follow these guidelines:

• Do NOT get into an argument with the other driver(s) about what happened.
• Do NOT sign any statements or documents about the facts of the accident.
• Do NOT have your bike repaired. Wait until you have an attorney who will get your bike photographed and inspected, notify the other driver’s insurance company, and show it the damage to your motorcycle.
• Do NOT answer questions from an insurance company or from an attorney representing the other driver.
• If your own insurance policy requires you to report your accident within a certain time, get an attorney to help you with this as well.

After an accident, it is essential to consult a Michigan motorcycle accident lawyer immediately. In important ways, the legal claims of a Michigan motorcyclist are different — and more complicated — than the claims of an automobile driver, because Michigan law does not consider a motorcycle to be a "motor vehicle."

Michigan Third Party Claims

The most important legal claim that may be available to an individual who is seriously injured in a Michigan motorcycle accident is a Third Party lawsuit against the driver whose negligence caused the collision. Under Michigan law, you must file this legal action within 3 years of the date of the accident. Your claim would include damages for non-economic loss, including your pain and suffering.

Michigan First Party Claims

The victim of a Michigan motorcycle accident also may have a First Party claim, for No-Fault benefits that cover economic damages, including medical costs, wage loss, attendant care, and replacement services. However, an individual who held legal title to the motorcycle on which he or she was injured, and did not carry the basic liability insurance required by Michigan law, cannot get First Party Benefits. These No-Fault First-Party benefits may be crucial to the economic survival of the injured motorcyclist. Michigan law requires the victim to claim these benefits within one year. To make a proper claim, you first must determine which insurance company is responsible for paying your No-Fault benefits. An attorney can help you through this process, which based on the following legal guidelines:

Michigan Motorcycle Order of Priority for No-Fault Benefits

• 1st priority is to the insurer of the owner of the motor vehicle involved in the accident, if none then…
• 2nd priority is to the insurer of the operator of the motor vehicle involved in the accident, if none then…
• 3rd priority is to the motor vehicle insurer of the operator of the motorcycle involved in the accident, if none then…
• 4th priority is to the motor vehicle insurer of the owner of the motorcycle involved in the accident, if none then…
• 5th priority is to the Assigned Claims Facility.

The Michigan Assigned Claims Facility

The Assigned Claims Facility is the State Agency with the power to assign an insurance company to provide benefits to an injured victim who is not eligible for other No-Fault insurance coverage. To get an application for these Benefits, you can contact the Assigned Claim Facility directly at 517-322-1875.

Road Defect Claims

Some motorcycle accidents are not caused by negligent motorists, but instead result from a roadway defect, due to faulty repair of the pavement. In some cases, an injured motorcyclist can make a claim against the state, county, or local government agency responsible for repairing the roadway. These cases involve complicated legal and factual issues. In addition, the time to file these claims is much less than the time for pursing other legal actions. You need an experienced attorney to handle these complex requirements properly. If you believe that you may have a road defect claim, or if you or a loved one was injured in a Michigan motorcycle accident, talk with an experienced Michigan motorcycle accident lawyer.