Motorcycle accidents cause a much higher incidence of death and injury per incident than car accidents. In other words, if you are involved in an accident and are on a motorcycle, you are 3 times more likely to be injured and 14 times more likely to be killed. Statistically, injuries occurring from a motorcycle accident tend to be much more severe than injuries resulting from an auto accident.
Closed-head injuries and traumatic brain injuries are common. The Law Offices of Lee Steinberg, P.C. recommend that you always wear a helmet and request that your passengers do so as well.
The laws in Michigan pertaining to motorcycle accidents are complicated. Like the operator or passenger of a car or truck, an operator or passenger on a motorcycle can receive both first-party and third-party benefits if the motorcycle is involved in an accident with a motor vehicle. Thus, if you were injured while riding on a motorcycle and the accident involves a car or truck, you are entitled to receive benefits ranging from wage loss, replacement services, attendant care, as well as payment for your hospital and doctors bills.
However, if the motorcyclist is involved in an accident that does not involve a motor vehicle, no personal injury protection (PIP) benefits are available unless the motorcyclist has purchased motorcycle PIP coverage. Such coverage is optional but highly recommended.
Please note that motorcycle owners are required to carry PLPD (personal liability and property damage) coverage which is security for the owner in case he or she causes property or bodily damage. If a motorcycle owner does not carry PLPD coverage, that owner may be disqualified from receiving all first-party PIP benefits.
In motorcycle accident cases, there is an order of priority in determining which insurance carrier is responsible for first-party benefits. Under Michigan law, a motorcyclist or motorcycle passenger injured in an accident involving a car or truck first looks to the insurer of the owner or registrant of the car or truck for first-party benefits.
If no coverage exists there, one next looks to the insurer of the motor vehicle operator. If still no coverage exists at this level, the motor vehicle insurer of the motorcycle owner would be responsible for paying first-party benefits. Last, if no automobile insurer exists at this level, the State of Michigan will assign an insurance company to handle the first-party no fault claim.
Additionally, like in a standard car accident, if the other party is more than 50% at fault, you can also receive damages for pain and suffering. This lawsuit against the at-fault driver or owner of the motor vehicle is called a third-party claim and is treated in much the same way as a car accident negligence claim.
A plaintiff or accident victim has 3 years from the date of the accident to file a lawsuit in court against the at-fault party. This time limit is called the statute of limitations and is strictly enforced by Michigan courts. However, waiting 3 years to file a lawsuit is not required, and in fact often foolish, especially as memories fade and evidence goes stale.
Damages for pain and suffering are reduced if the plaintiff is comparatively negligent. In other words, a jury will reduce the award a plaintiff can receive by the amount of fault he or she caused in producing the accident. If the plaintiff is more than 50% at fault, this acts as a complete bar to recovery and the plaintiff cannot receive any pain and suffering damages. However, the plaintiff may still recover economic damages, such payment for lost wages.
Motorcycle accident cases are extremely fact-intensive and demand the experience and attention of seasoned attorneys who are well-equipped to handle the various intricacies these cases inevitably have.
If you or a loved one was injured in a motorcycle accident, please contact our office to determine what rights you are entitled to under the law. The Law Offices of Lee Steinberg, P.C. has handled hundreds of motorcycle claims for individuals and families for over 30 years. Let our experienced team handle your case.
The Law Offices of Lee Steinberg, P.C. has represented numerous motorcycle accident victims, helping them obtain the compensation they deserve under the law. Please contact our office directly at 1.800.LEE.FREE (533-3733) to find out your rights and how we can begin fighting for you.
"Because it’s not just the law, it’s Lee."
click on the buttons and links below for more information on these related topics
