Rule of the Road No. 9 – How Trucking Companies Aid and Abet Bad Drivers in Breaking Laws

One of the most important federal safety regulations that many truck accident attorneys have never heard of is Rule 49 CFR § 390.13, which states that no person shall aid, abet, encourage, or require a motor carrier or its employees to violate the Federal Motor Carrier Safety Regulations.

I probably should have expected this, knowing how passionate so many motorcycle riders are about the helmet law in Michigan. After all, I even had old clients – people who had suffered very serious injuries from motorcycle accidents and who I’ve developed close relationships with – tell me they still supported HB 4747; even after their crashes, personal injuries and lawsuits. So the e-mails and comments from so many in favor of repealing Michigan’s helmet laws should have come as no surprise to me as a motorcycle accident lawyer.

House of Representatives passed HB 4747 allowing bikers to ride without helmets - despite warning from experienced motorcycle accident attorneys

The Michigan House of Representatives last night passed HB 4747, which would allow motorcyclists to ride without protective helmets.  As a motorcycle accident attorney for the past 16 years, I feel adamantly that this is a terrible idea.

Although I am close with many bikers who believe the helmet debate is about individual rights and liberty, I have a different perspective. The truth is, most motorcycle accident victims that I’ve helped have suffered very serious, sometimes catastrophic injuries. And most of these motorcycle accidents result in traumatic brain injuries.

Why experienced motorcycle accident lawyers urge representatives to vote no on a bill that would allow bikers to go without helmets

Today, the Michigan Legislature takes up House Bill 4747. Basically, the bill lets motorcyclists legally ride without a helmet. As a lawyer helping motorcyclists who’ve suffered serious personal injuries for the past 16 years, I believe HB4747 is a terrible idea.

Currently, Michigan law requires all people riding a motorcycle, and anyone less than 19 years old operating a moped on a public thoroughfare, to wear a crash helmet. The Michigan Department of State Police has been given the legislative responsibility to approve crash helmets and to implement this law. Here, you can read more about the current Michigan helmet law.

Both lawyers Brian Bornstein and my friend from Texas, Steve Laird, recently commented on my observations about the critical connection between traumatic brain injury and chronic pain in The Jury Expert. It is a connection that most personal injury lawyers miss.

The Jury Expert is an online litigation advocacy publication. The article that started the discussion is Injured Body, Injured Mind: Dealing with Damages for Psychological Harm. It addressed the double standard with respect to the law’s treatment of physical versus psychological injury. I had originally commented that there’s not only a double standard between physical and psychological injury, but in most serious personal injury cases, that line becomes blurred. Science has now shown that injury to the mind affects the body, and likewise, injury to the body affects the mind.

Rule of the Road No. 8 – Truck Accidents Under Hazardous Driving Conditions

Weather is almost never a valid excuse for causing a truck accident.  I’ve taught at several trucking seminars and case workshops for lawyers around the country, and I’m always surprised by the number of lawyers bringing truck accident cases that occurred in bad weather; and how worried they are about a “sudden emergency” argument from the defense at trial.

Let’s nip this misconception in the bud right now.

Michigan personal injury law firm has one of nation’s best law school mentoring programs

I’m happy to announce that our current law clerk, Sarah S. Stempky, will be joining our law firm as an attorney. Stempky, of Royal Oak, is now our fifth Michigan Auto Law clerk to join the firm upon graduating law school.

I began our law clerk mentoring program eight years ago, and it has become one of the firm’s proudest achievements.  My goal is to take truly talented, remarkable law students — the ones who are top of their classes and have exceptional legal skills —  and help them develop into the right kind of personal injury attorneys.

Rule of the Road No. 7 – How to poke holes in a dishonest truck driver’s story during the deposition

Pre-trip inspection requirements are probably the most violated mandatory safety rule by the trucking industry today. Unfortunately, most lawyers who handle truck accident cases have no idea what those inspection requirements are. Most lawyers think a pre-trip inspection is one inspection by the driver before he gets behind the wheel.

Wrong.

As required by 49 CFR § 392.9, a truck driver must inspect his truck and cargo:

Rule of the Road No. 6 – Truck Accident Attorneys Show How to Identify Driver Fatigue

A recent survey states that 20 percent of truck drivers nationwide admitted to falling asleep at the wheel in a given month. This stat comes at no surprise to our truck accident attorneys, who frequently handle horrible truck crash cases, caused when fatigued truckers continue driving over the legal limits. This is usually due to intense pressure by management, as well as financial incentives to drive past federally regulated hours of service.

Rule of the Road No. 5 – How Black Box Data Can Prove Liability in Truck Crash Cases

Steve Gursten recently spoke at the AAJ Truck Litigation Seminar

“Black boxes” have completely revolutionized the way trucking companies can monitor the activities of their truck drivers. They’ve also revolutionized the way truck accident lawyers litigate serious crash cases, as black boxes may likely help prove your case and discredit the defense.