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Monday, May 7, 2012

TRAUMATIC BRAIN INJURY, AUTOMOBILE ACCIDENT VS MICHIGAN’S NEW NO-HELMET LAW FOR MOTORCYCLISTS:

By Michael Nichols
Categories: Wendy M. Schiller-Nichols

To wear or not to wear a helmet? 

As of April 13, 2012, motorcycle operators and/or motorcycle riders do not have to wear a crash helmet in Michigan under certain conditions.  Motorcycle operators shall meet the following conditions:  (1) be at least 21 years of age; (2) have a motorcycle endorsement on his/her operator’s or chauffeur’s license for not less than 2 years or passed a motorcycle safety course; and (3) have in effect first-party medical benefits of not less than $20,000 in the unlikely event of a motorcycle accident.  A motorcycle rider is not required to wear a crash helmet if the person is 21 years or older and has in effect not less than $20,000.00 first-party medical benefits in the event of a motorcycle crash or, in the alternative, if the operator of the motorcycle has in effect not less than $20,000.00 per person per occurrence first-party medical benefits for his rider.  MCL 257.658. You can review the rules of the road at the following link: http://www.michigan.gov/msp/0,4643,7-123-1586_27094-73839--,00.html

According to the Michigan Catastrophic Claims Association, which is a fund supported by every automobile insurance policy in Michigan, out of 29,782 types of injuries, Brain Injuries accounted for 13,902 of those claims.  Further, from July 1, 1978 through June 30, 2011, MCCA reported that $482,641,000.00 was paid out on Motorcycle crash claims.  According to the U.S. Department of Transportation/National Highway Traffic Safety Admin, head injury is the leading cause of death in motorcycle accidents. 
If you are injured while riding a motorcycle, or your loved one is injured or dies as a result of riding a motorcycle, Attorney Wendy Schiller-Nichols will represent you regardless of your personal choice to wear or not wear a helmet.  For dedicated representation, contact Attorney Schiller-Nichols at 517-432-9000.

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Peer Recognition

Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.