Michigan Motorcycle Accident Lawyer

Navigating the aftermath of a motorcycle crash can be a challenging journey, especially for victims who have suffered injuries and damages. 

Motorcycle accidents, distinct from other motor vehicle collisions, often result in more severe consequences due to the lack of protection for riders. In such cases, seeking the expertise of an experienced motorcycle accident lawyer becomes crucial. 

Read on to understand the factors influencing settlement amounts and the reasons why victims should turn to a specialized Michigan motorcycle accident lawyer from our team to guide them on the road to justice.

How Much Can Be Recovered in Motorcycle Accident Lawsuits

Each case is different, and there’s no one-size-fits-all answer. The amount one can recover depends on various factors, including the extent of injuries, insurance coverage, the type of medical treatment received for the injuries, medical bills, evidence available, and other case-specific details.

For instance, our legal team secured a $14,100,000 settlement for the family of a motorcyclist fatally injured when a truck made a left turn into his path. Accident reconstructionists determined that the truck driver was speeding and not paying attention before the collision occurred. 

Factors That Affect Motorcycle Accident Settlement Amounts

Several factors can affect motorcycle accident settlement amounts, and the process can be influenced by various considerations:

• Liability and fault – How much a motorcycle crash victim can recover from an insurance company is strongly affected by who was at fault and to what extent.
• Severity of injuries and medical expenses – Very serious injuries typically result in higher settlements to cover medical bills and pain and suffering compensation.
• Property damage – The extent of damage to your motorcycle and other personal property is also considered when calculating your settlement.
• Liability insurance coverage – The insurance coverages of both parties can affect the settlement. Adequate motorcycle insurance coverage may result in higher payouts.
• Legal representation – Having an experienced Michigan personal injury lawyer by your side can significantly impact your settlement. We can negotiate with the insurance company until you receive the compensation you deserve.
• Statute of limitations – Filing your claim within the legally prescribed time frame is essential, as missing the deadline may result in no settlement at all.
• Emotional impact on the jury – If your case goes to trial, the presentation of your story and its emotional impact on the jury can affect the final settlement amount.

Who Can Be Held Liable After a Motorcycle Crash

Parties that can be held liable for damages to motorcycle riders and drivers of other motor vehicles involved include:

• Negligent drivers – Motor vehicle drivers who breach their duty of care by texting and making phone calls while driving, not following traffic regulations under Michigan law, or driving intoxicated by alcohol or drugs,
• Vehicle manufacturers – If a faulty part or motor vehicle design contributes to the crash, the manufacturer of defective parts or a mechanic who didn’t install them correctly may be held responsible for the incident.
• Government entities – Local or state governments can be held liable for inadequate signage and poorly maintained roads, highways, and intersections.

Damages That Our Michigan Motorcycle Accident Lawyers Can Help You Recover

Our law firm is dedicated to helping you recover a comprehensive range of damages tailored to your particular situation. 

We can assist in obtaining compensation for past and future medical bills, physical pain and suffering damages, lost wages and income potential, disability, and disfigurement, as well as compensation covering vehicle repair or replacement costs.

We can also help you recover non-economic damages related to emotional or psychological trauma or the loss of enjoyment of life.

Motorcycle Accident Wrongful Death Claim

In the unfortunate event of a motorcycle accident resulting in wrongful death, you may be entitled to recover various damages that can provide financial support and some measure of justice during the challenging times after losing a loved one. 

A Michigan motorcycle accident lawyer from our team can help you recover damages that typically encompass economic losses, such as medical and funeral expenses, as well as lost wages and benefits that the deceased would have provided to their family. 

Non-economic damages, like the pain and suffering of the victim before their passing, can also be awarded.

Our law firm understands the intricacies of wrongful death claims, and we are committed to helping you seek the full compensation you deserve while navigating the legal complexities with compassion and dedication.

Eligibility to File a Motorcycle Accident Claim

Motorcycles are specifically excluded as motor vehicles under the Michigan no-fault law and are not entitled to no-fault benefits except in certain accidents.

If a motorcyclist is injured in an accident with an insured motor vehicle involved, the motorcyclist is entitled to receive Personal Injury Protection (PIP) benefits from the vehicle owner’s insurance provider. 

These benefits can compensate Michigan motorcyclists for medical expenses, wage loss, and replacement services, within coverage limits. They can also compensate for some funeral expenses and survivor’s benefits if the motorcycle injuries result in their death.

If motorcycle operators are involved in an MVA, and no personal injury protection coverage is available, injured motorcyclists are eligible for up to $250,000 in benefits from the Michigan Assigned Claims Plan (MACP).

If a motor vehicle is not involved in the accident, an injured Michigan motorcyclist will seek benefits through their health plan or the medical benefits purchased with their motorcycle insurance. 

To pursue Michigan motorcycle accident claims, you generally need to prove four key aspects:

• You must demonstrate that the at-fault party owed you a duty of care. This often means showing that the other driver had a responsibility to operate their vehicle safely and avoid causing harm to others on Michigan roadways.
• You must provide evidence that the at-fault party breached their duty of care. For instance, this could involve showing that the other driver violated traffic laws, was distracted, or acted recklessly, leading to the accident.
• It’s crucial to establish a direct link between the at-fault party’s actions (or inactions) and the injuries you sustained. This demonstrates that their breach of duty was the proximate cause of your injuries.
• Finally, you must document and prove the damages you suffered as a result of the accident. This includes medical bills, lost wages, property damage, and non-economic damages like pain and suffering.

Navigating eligibility requirements and proving negligence can be complex. Consulting with an experienced motorcycle accident attorney specializing in Michigan’s laws is highly recommended. 

Contact us for a free case evaluation to assess the specifics of your case, help you gather evidence, and guide you through the legal process to maximize your chances of a successful claim and fair compensation.

Filing a Motorcycle Accident Claim With Rosenfeld Injury Lawyers

Navigating the legal process can be overwhelming. However, we have a proven system in place to minimize stress for the client:

• Free consultation – After you contact our motorcycle accident lawyers, we will book a free consultation to review the details of your case.
• Thorough case investigation – Our legal team will conduct a thorough investigation and gather evidence such as accident reports, medical records, and witness statements.
• Analyzing evidence – We will gather and analyze evidence such as photographs, expert opinions, and any available surveillance or dashcam footage.
• Expert consultations – We will strengthen your case with the help of an accident reconstruction expert or medical professional to examine the accident’s causes and impacts.
• Negotiation with insurance companies – We negotiate with the other party’s insurance company on your behalf to pursue fair compensation.
• Preparing for trial – Most cases are settled outside of court. However, if negotiations do not lead to a satisfactory settlement offer, our team will be prepared for trial.

How Much Does Hiring a Motorcycle Accident Attorney Cost

Our law firm operates on a contingency fee basis, ensuring our clients only pay us if we secure a favorable outcome. Even then, our fees are deducted from the settlement we help you secure. 

This arrangement allows victims of motorcycle crashes to access legal representation without financial strain during a challenging time. 

Types of Motorcycle Accident Claims That We Handle

In addressing the diverse spectrum of cases involving motorcycle crashes, our law firm handles a myriad of scenarios based on various parameters. 

From collisions involving a negligent driver and defective vehicle components to cases influenced by road conditions and governmental liability, our motorcycle accident attorneys are equipped to navigate the complexities of each situation. 

Our commitment is to provide comprehensive and personalized legal assistance tailored to the unique circumstances of each client’s motorcycle accident case.

The Most Common Injuries We See Among Motorcycle Accident Victims

Motorcycle accidents often result in fatal injuries, surpassing those seen in car crashes due to the limited protection for riders. 

Common motorcycle accident injuries include traumatic brain injuries, neck injuries, spinal cord injuries, broken bones, and road rash. These injuries can lead to long-term disabilities, extensive medical treatments, and significant emotional trauma for victims. 

The exposed nature and vulnerability of motorcyclists on the road amplifies the seriousness of these injuries, highlighting the importance of legal advocacy for those affected.

The Most Common Causes of Motorcycle Accidents

As lawyers, we’ve seen the devastating consequences motorcycle accidents can have. Unfortunately, Michigan motorcycle accident statistics show motorcyclist fatalities increased by 4% YoY. [1] Any motorcycle operator should be aware of the factors that lead to accidents as well as the areas in which risks may be reduced or eliminated. 

Here is the list of the most common causes of motorcycle accidents.

• Distracted driving, speeding, and alcohol use – Intoxicated drivers represent a threat to themselves and other participants in the traffic. Aggressive and reckless behavior, such as excessive speeding and aggressive maneuvers, contribute to most motorcycle accidents. For instance, it was recently estimated that 26% of deaths in Michigan motorcycle crashes are the result of alcohol. [2]
• Traffic law violations – Disregarding traffic signals, running red lights, and failing to yield to motorcycles contribute to a substantial portion of accidents on the roads.
• Motorcycle defects – Mechanical failures and defects in motorcycles or their components can lead to catastrophic accidents.
• Not complying with helmet laws – According to Michigan law, those aged 20 or under are obligated to wear a helmet, and those over 21 can ride without a helmet if they fulfil insurance requirements. Research in the period after the Michigan helmet law repeal shows non-helmeted riders experienced fatalities more than three times as frequently, as well as more severe injuries and longer, more expensive hospital stays. [3]

Differences Between Car and Motorcycle Accident Cases

A motorcycle accident is different from a car crash since the risk of injury is much higher. In a car, you have safety features like airbags, seatbelts, and the car’s encasement, while motorcycles don’t have that extra layer of safety. 

Sadly, motorcycle accident statistics show that while motorcycles participate in only 1.1% of all accidents, they account for 10.1% of traffic accident deaths in Michigan. [1]

Here are the main differences between car and motorcycle cases:

• Severity of injuries – Motorcycle accidents typically lead to more severe injuries due to the exposed nature of riders. 
• Difficulty in proving liability – Bias against motorcyclists can complicate the process of proving liability, requiring a nuanced legal approach. 
• Unique dynamics – The dynamics of a motorcycle accident differ significantly from those of a car collision, necessitating specialized legal expertise. 
• Complexity in insurance claims – Insurance claims for motorcycle accidents can be more complex, demanding a thorough understanding of the unique factors involved.

What to Do After a Michigan Motorcycle Crash

Taking the right steps after a motorcycle crash can protect your rights and ensure fair compensation.

• Ensure safety – Prioritize safety by moving to a safe location and seeking medical attention.
• Call the police – Report the accident to the local law enforcement, ensuring an official record is created.
• Exchange information – Exchange contact and insurance details with involved parties, including witnesses.
• Document the scene – Take photos of the accident scene and all damages and injuries for evidence.
• Avoid speaking to adjusters – Refrain from discussing details with insurance adjusters without legal representation to prevent potential misinterpretation or undermining of your case.
• Contact a lawyer ASAP – Reach out to a Michigan motorcycle accident lawyer from our law firm as soon as possible, so we can guide you through the legal process, safeguard your rights, and maximize your chances of a fair settlement.

You Have Limited Time to File a Motorcycle Accident Claim in Michigan

In Michigan, the statute of limitations for personal injury claims, including those arising from motorcycle accidents, is generally three years. Motorcyclists who were injured in accidents involving trucks or cars have to claim no-fault benefits within one year. Wrongful death claims must be filed within three years from when the victim passed away. 

Act promptly to preserve your legal rights and gather evidence while it’s still fresh. Seeking legal counsel is vital, and our experienced attorneys offer a free case evaluation, ensuring you understand your options and can initiate proceedings within the timeframe required by Michigan laws for optimal legal recourse.

How Long Does Settling a Motorcycle Accident Lawsuit Take

Settling a motorcycle accident case is a process that typically extends beyond six months. The duration depends on the case’s complexity, the extent of injuries, and the cooperation of involved parties. It can also be affected by the evidence-gathering process, negotiations with insurance companies, and trial preparations (if necessary). 

To navigate these complexities efficiently and ensure a timely resolution, it’s crucial to hire a skilled attorney. Our experienced team prioritizes swift and effective action, recognizing the importance of securing compensation promptly for our client’s recovery.

Contact a Michigan Motorcycle Accident Attorney Today!

If you or a loved one have been involved in a motorcycle accident in Michigan, our dedicated team is here to help. With a commitment to securing justice and millions recovered on behalf of our clients, we offer free consultations and operate on a contingency fee basis.

Contact a Michigan motorcycle accident attorney today at (888) 424-5757 or via our online form to begin your journey toward the compensation you deserve.

Resources: [1] MSP, [2] Michigan Traffic Crash Facts, [3] PubMed