Michigan Motorcycle Accident Lawyers

Your Legal Rights As A Motorcycle Accident Victim

Motorcycle riders have all the same legal rights as other drivers on Michigan roads. While on the road, you are entitled to the use of a full lane of traffic, or you may ride two abreast if you’re riding with a group. In the event that you are in a motorcycle accident, you are entitled to legal representation and fair compensation for all damages you sustain in your accident. If you receive an unfair settlement offer, you have the right to refuse the offer and take your case to trial in order to reach a fair resolution in your case. Additionally, motorcycle riders are protected by comparative negligence laws, which state that even if you are partially responsible for an accident, you can still be compensated based on your percentage of fault. 

Understanding your legal rights can be confusing, and insurance companies and other parties may try to use your lack of understanding against you to pressure you into taking a deal that’s less than you deserve. Talking with a motorcycle accident attorney as soon as possible after your accident can help you clarify your rights. An attorney will provide guidance as you navigate the aftermath of your accident and ensure you receive all the rights you’re entitled to.

Common Causes Of Motorcycle Accidents

Most motorcycle accidents are caused by the actions of other drivers on the roads or by road conditions that are out of your control as a biker. Some of the common causes of motorcycle accidents include:

• Driving under the influence of alcohol or drugs
• Distracted driving
• Driving while fatigued
• Reckless driving
• Improper lane changes
• Lane splitting – when a motorcyclist rides between two vehicles in adjacent lanes
• Left turn crashes when someone fails to yield the right of way
• Speeding
• Sudden stops
• Car doors opening in your path
• Defective motorcycle parts or improper repair jobs
• Poorly maintained roads

Determining the cause of your motorcycle accident is critical in proving who is at fault. When another driver or other party was negligent and caused your accident, you shouldn’t be left to cover the costs all on your own. Your attorney will ensure that you receive justice and are fairly compensated for your accident.

Injuries Caused In Motorcycle Accidents

Injuries caused by motorcycle accidents can range from minor injuries in low-speed accidents to very serious injuries in high-speed, serious accidents. In worst-case scenarios, motorcycle accidents may be fatal. Some common injuries that result from motorcycle accidents include:

• Road rash
• Lacerations
• Scarring and disfigurement
• Fractures and broken bones
• Loss of a limb
• Back, neck, and spinal cord injuries
• Traumatic brain injuries
• Psychological damage, such as PTSD
• Death

Even if it seems like everything is fine immediately after a motorcycle accident, you should seek medical attention because some injuries don’t become apparent right away. Taking care of yourself should be your first priority, and having a record of treatment you’ve received for your injuries will become important evidence later on. Regardless of the severity of your injuries, you deserve to be fairly compensated.

What To Do After A Motorcycle Accident

If you’ve just experienced a motorcycle accident, there are certain steps you should take to protect yourself and your legal rights. Here’s what you should do after a crash:

• Ensure safety by moving out of the way of traffic if possible and calling 911. Police will respond to the scene to assist everyone involved in the accident and to take an official report. You’ll also be able to get immediate medical assistance for any injuries you may have sustained. If you’re wearing a helmet and think you may have a head or neck injury, do not remove your helmet until you get medical care. 
• Seek medical attention for your injuries, even if you don’t think they’re serious or if you think you’re not injured. You may have injuries that are not immediately apparent, and having a record of your medical care will become important evidence later on. 
• Exchange contact and insurance information with other parties involved. When communicating with other drivers, avoid making any kind of statement that could be interpreted as admitting guilt that could be used against you.
• Gather contact information from any witnesses at the scene who could offer an unbiased account of events.
• Document the scene of the crash by taking photos of vehicles involved, any debris or skid marks left on the road, and road signs or traffic signals that may be pertinent to your case.
• Notify your insurance of your accident. They need to know about your accident within a year in order to get your no-fault benefits, but it’s better to notify them sooner. Don’t sign any documents or make detailed statements without consulting with an attorney first.
• Get in touch with a motorcycle accident lawyer as soon as possible after your crash. We’ll give you guidance about your rights and what steps you should take, and we’ll start doing investigative work for you.

How A Michigan Motorcycle Accident Lawyer Can Help You

When you’re recovering from serious injuries caused by a motorcycle accident, navigating complex legal issues and negotiating with insurance adjusters and other drivers is the last thing you want to worry about. Having a Michigan motorcycle accident lawyer you can trust on your side can give you peace of mind that your rights are protected so that you can focus on healing. An experienced motorcycle accident attorney will help you in many ways, such as: 

• Informing you of your rights, advising you on the best course of action, and estimating the value and strength of your case during your initial consultation
• Conducting an investigation and collecting evidence to strengthen your case
• Standing up to insurance companies and adjusters who don’t want to pay what you deserve
• Filing a lawsuit on your behalf, negotiating with at-fault parties, and taking your case to trial if we can’t come to a fair settlement
• Ensuring you receive fair compensation for all the damages you’ve suffered

The laws and regulations that govern motorcycles, motorcycle accidents, and insurance coverage are complex. You need to work with someone who understands all the intricacies and specifics of motorcycle accident cases to ensure your rights are fully protected. We’ll fight for you and make sure you don’t receive any less than you deserve so that you can focus on your recovery and well-being.

How Does No-Fault Insurance Work In Motorcycle Accident Cases?

All motor vehicle drivers in Michigan are legally required to carry no-fault insurance. However, under Michigan laws, motorcycles are not considered to be vehicles. This complicates no-fault rules in accidents involving motorcycles. If you are in a motorcycle accident involving another vehicle, such as a car, truck, or van, you are entitled to no-fault benefits. You don’t necessarily have to make contact with the other vehicle to receive no-fault benefits in these situations. If you are in a motorcycle accident where another vehicle is not involved, such as accidents involving deer or other animals, you cannot receive no-fault benefits. 

When another vehicle is involved in your accident, the no-fault benefits you receive typically come from the other driver’s insurance. Drivers in Michigan can now choose their insurance coverage level, which means that you will only receive the level of coverage that the other driver has chosen for your medical bills related to your accident. You may be able to purchase some level of personal injury protection (PIP) through your motorcycle insurance, which can help cover some of your medical costs after an accident. It is highly advisable that you consult with an attorney to help you navigate the complex rules and laws governing no-fault insurance in Michigan.

Who Can I Sue In A Motorcycle Accident Case?

In a motorcycle accident case, you can sue whoever was responsible for your accident due to their negligent actions. In many cases, this is another driver on the roads, whether they were driving a car, a truck, or another motorcycle. Unfortunately, too many drivers on the roads don’t watch out for motorcycles, creating unsafe conditions for their riders. Other people you may be able to sue could include property owners or the government for poorly maintained roads or parking lots in disrepair if their condition caused you to crash. If your motorcycle crashes due to faulty parts or a botched repair job, you could file a lawsuit against the parts manufacturer or repair shop. If you are a passenger on the motorcycle and the motorcycle driver behaved negligently and caused the crash, you can file a lawsuit against the driver.

What If I Was Partly Responsible For My Motorcycle Accident?

In Michigan, if you are found to be partly liable for a motorcycle accident, you can still be compensated according to your percentage of liability, as long as you are less than 50% responsible. For example, if you are found to be 20% responsible for the accident, you can still receive compensation for 80% of the damages you suffered. This rule is called modified comparative negligence. 

This rule can be applied to accidents during which you weren’t wearing a helmet as well. Michigan law requires helmets for motorcycle riders under 21, those who haven’t completed a safety course, and those who don’t have certain insurance coverage. If you meet the required criteria and choose not to wear a helmet, the other side may argue that you are partly liable for your injuries if they can prove that your injuries would have been less severe had you been wearing a helmet. Your compensation would then be decreased by your degree of fault.

Steps In A Motorcycle Accident Case

Any auto accident case can be a complex and lengthy process. While motorcycle accident cases have their own unique challenges and complexities, and your individual case will look different from any other case, the legal process will generally look similar to other auto accident cases. The steps involved generally include:

• Conduct an investigation by gathering evidence from the crash scene and speaking to witnesses
• Hire expert witnesses who can give expert opinions and guidance
• Identify who is liable for the accident
• File a lawsuit against the liable party
• Conduct discovery, where information is gathered by both parties and exchanged
• If possible, a settlement may be reached without going to trial
• If a fair settlement can’t be reached, we’ll take your case to trial and fight to get the compensation you deserve 

Our team of attorneys will help you feel supported through every step of your motorcycle accident case. We’ll advise you on what you can do to help in your case, but we’ll take the lead so that you can focus on your recovery. You can rest assured that we won’t back down until justice has been served.

How Long Does It Take To Reach A Settlement In A Motorcycle Accident Case?

Every legal case is unique. The time it takes to reach a settlement in a motorcycle accident case depends on many factors, such as the complexity of your case and whether or not your case goes to trial. It could take anywhere from months to years to finally come to a fair conclusion. We’ll fight for you the entire time and not settle for anything less than you deserve.

What Damages Can Be Recovered In a Motorcycle Accident Case?

In Michigan, accident victims can recover damages for both economic and noneconomic losses. Depending on the details of your case, damages you may be able to recover include:

• Hospital and emergency room bills
• Surgery costs
• Doctor’s appointments, physical therapy, and other medical visits related to your injuries
• X-rays, MRI, and lab testing
• Medications
• Medical equipment
• Expenses for caregivers
• Costs of future medical appointments and procedures
• Lost income
• Lost future wages and lost earning potential
• Emotional trauma
• Pain and suffering, both physical and emotional
• Scarring and disfigurement
• Loss of quality of life

Don’t miss out on the compensation you’re entitled to. Losses that don’t have a clear financial value can be hard to win, and insurance companies may try to deny that some medical expenses are related to your accident. Having a great attorney on your side can help ensure you’re fairly compensated for all of your losses.

Who Pays For Your Medical Expenses?

Determining who will pay your medical expenses after a motorcycle crash depends on the circumstances of your accident and the type of coverage you have. Parties who may pay some of your medical expenses include:

• Your no-fault auto insurance: In Michigan, drivers are legally required to carry no-fault insurance, which pays for reasonable medical expenses related to an accident, regardless of who was at fault. In motorcycle accidents, you can only collect no-fault benefits if a car or other vehicle is involved in the accident. 
• Your medical insurance: Depending on your policy, your medical insurance may cover some or all expenses after an accident. Your medical insurance may seek reimbursement from your no-fault insurance. 
• Motorcycle insurance: If you have motorcycle insurance, personal injury protection (PIP) may be included. However, not all motorcycle insurance policies include this.
• The at-fault party’s insurance: In order to get another party’s insurance to pay for your medical expenses, you will have to make a liability claim and prove fault. 

Determining who will pay your medical bills after an accident can be confusing due to complicated laws and insurance policies. Your attorney can help demystify policies and help you pursue other avenues of payment if you don’t have adequate coverage.

Wrongful Death Motorcycle Accident Cases

If you’re the surviving family member of a biker who suffered fatal injuries in a motorcycle accident, you can file a wrongful death lawsuit against the negligent party responsible for the crash. One person in the family will serve as the representative of the estate and the lawsuit is brought on behalf of the entire family. You can recover damages in a wrongful death case for medical expenses before your family member’s death, funeral expenses, pain and suffering, and loss of your loved one’s companionship.

Michigan Statute Of Limitations

If you plan to file a lawsuit for an accident, there is a time limit in which you must do so, which is called the statute of limitations. In Michigan, the statute of limitations for auto accident cases is three years. There are a few exceptions to this rule:

• If the victim is a minor at the time of the accident, they have until their 18th birthday to file a lawsuit.
• If the victim is in a state of mental derangement at the time of the accident, they have a year after the period of derangement ends to file a lawsuit.
• If the negligent party leaves the state, the period during which they are gone will not count towards the three years. 

The sooner you start talking to a motorcycle lawyer and file a lawsuit, the better. Your attorney will advise you on the best course of action and any steps you need to take, and they’ll make sure your lawsuit is filed well within the three-year time frame.

When your world feels upside down after a motorcycle accident, you want to work with a legal team that you can feel confident in. At LegalGenius, we strive to put you at ease with the knowledge that we not only have a track record for success, but we also view you as more than just a case number. It’s important to us that you feel valued and respected as you get back on your feet after your accident. 

When you work with a LegalGenius attorney, you have access to our team with 100+ years of combined experience fighting for accident victims, and you get to take advantage of our resources. We work with a network of experts in crash scene reconstruction and the medical field who can provide expert testimonies in your case. We begin every relationship with a free initial consultation, and you can rest easy knowing that you can reach your attorney at any time throughout the duration of your case. We’ll take charge of fighting for justice in your legal case so you can feel empowered and dignified as you work toward healing and recovery.