Michigan Motorcycle
Accident Lawyer

FAQs

• What are Common Causes of Motorcycle Accidents?

  Members of our legal team at Mike Morse Law Firm are motorcycle enthusiasts, so we understand the challenges and dangers that a biker faces out on the road. And as Michigan motorcycle accident lawyers, we have also seen the devastating impact that a crash can have on a person’s life, so we sympathize with you and your situation.

  The following are some of the most common causes of Michigan motorcycle accidents:

  • Speeding: This is a leading cause of all types of motor vehicle accidents. The faster someone is driving, the greater the force of impact in a collision. Speeding also reduces a driver’s chance of seeing and reacting to a hazard in the roadway.
  • Left turns: Many accidents occur when a motorcyclist or driver fails to yield right of way or miscalculates the amount of time needed to yield a left turn.
  • Lane changes: Motorcycles are significantly smaller than motor vehicles and can easily be hidden in a driver’s blind spot. If a driver fails to signal a lane change or check blind spots, he or she could collide with a motorcycle.

  • Car doors: Some accidents occur when a car door is opened directly in the path of a motorcycle rider.
  • Lane splitting: Slow-moving traffic can be frustrating to drivers in Detroit, Grand Rapids, and other parts of Michigan. A motorcycle rider might be tempted to ride in the space between the motor vehicles. This is called “lane splitting” and is illegal in most states, including Michigan.
    
  • Driving under the influence: It is illegal for either motorcyclists or motorists to drive with a blood alcohol level (BAC) of .08 or higher. If a person causes severe injury to others while under the influence of drugs or alcohol, he or she could face not only personal injury but criminal charges.
  • Defective motorcycle parts: Some motorcycle accidents are the result of poorly made or designed motorcycle parts. In these situations, the manufacturer of the defective part could be held liable for damages.
  • Sudden stops: A rear-end collision can result from tailgating or following too closely. If the motorcycle or motor vehicle in front of you stops abruptly without sufficient space between, you may not have enough time to avoid a collision.

• What are Common Types of Motorcycle Accident Injuries?

  Motorcycles offer a biker little protection from the surrounding elements. Even if a biker wears a helmet and other motorcycle safety protective gear, he or she can still be seriously injured in a crash or collision.

  The following are some common injuries sustained in Michigan motorcycle accidents:

  • Lacerations
  • Broken bones
  • Back and neck injuries
  • Road rash
  • Traumatic brain injury
  • Facial scarring/disfigurement
  • Loss of a limb
  • Spinal cord injuries
  • Wrongful death

  

  Serious motorcycle accidents can result in injuries that will likely require extensive medical attention. A victim may need surgeries, physical therapy, medications, and other treatments to recover. During recovery time, medical expenses and other expenses can quickly add up.

  If you were injured in a motorcycle crash due to a negligent driver, you shouldn’t have to cover the costs of your recovery. An experienced motorcycle accident attorney can help you recover compensation for your losses. Contact our law firm today to schedule a free consultation.

• Am I eligible for pain and suffering damages?

  Yes, provided your case meets two strict requirements under the Michigan Vehicle Code. To hold a negligent driver accountable for your physical pain, mental trauma, and lost quality of life, your claim must satisfy these statutory rules:

  • The Injury Threshold (MCL 500.3135): Because a motorcycle offers zero structural protection, injuries are often severe. To sue for non-economic damages, our team will prove that your injuries resulted in a serious impairment of an important body function, permanent serious disfigurement (such as severe road rash scarring or amputations), or wrongful death.
  • The Insurance Requirement: This is a trap that catches many riders off guard. If you were the owner or registered owner of the motorcycle and you chose to ride without maintaining valid motorcycle liability insurance, Michigan law completely strips away your right to sue the at-fault driver for pain and suffering. Even if the other motorist was 100% responsible for hitting you, riding uninsured bars your civil recovery.

  Insurance adjusters routinely try to exploit these rules to minimize your pain or shift the blame onto you. We know how to dismantle their tactics. Call us 24/7 at 855-MIKE-WINS, and we will review your policy and medical records to establish an unassailable third-party claim.

• When should I contact my insurance company?

  You should contact us immediately before making any final calls to an insurance provider. In Michigan, motorcycles occupy a highly unusual place under No-Fault auto insurance laws. Because a motorcycle is not legally classified as a “motor vehicle,” you are only entitled to comprehensive No-Fault PIP medical benefits if a car, truck, or commercial vehicle was involved in your crash.

  If a motor vehicle was involved, Michigan law mandates a strict “Order of Priority” to determine who pays your medical bills and lost wages. You do not automatically look to your own insurer. Instead, you must claim benefits in this exact sequence:

  1. The auto insurer of the owner or registrant of the motor vehicle involved.
  2. The auto insurer of the driver of the motor vehicle involved (if different from the owner).
  3. The auto insurer of the motorcycle operator.
  4. The auto insurer of the motorcycle owner.

  If you call the wrong insurance company or wait too long to notify the correct auto carrier, you could permanently lose your right to lifetime medical care. When you call Mike Morse Law Firm, our team untangles this priority ladder immediately, identifies the exact corporate insurer responsible for your bills, and files the necessary protective claims on your behalf.

• How should I deal with an insurance adjuster after a motorcycle accident?

  When an insurance adjuster contacts you, make sure you clarify what company they represent. Talking to your own no-fault provider or a property damage adjuster is usually fine, but you should never speak with the insurance adjuster of the at-fault driver. They are simply looking for a way out of paying a settlement and may use your words against you if you speak with them. If you war not sure who you are talking to or are uncomfortable with the questions you are asking, you are always best off talking to an attorney before answering questions.

• Should I hire a lawyer after a minor collision?

  While some accidents may seem minor enough to simply forget, it may be wise to speak to a lawyer afterwards. Injuries and vehicle damage can both become apparent days after an accident. The other driver could file a false claim against you even if all seems well immediately after the accident. Most personal injury law firms work on a contingency basis, meaning that they charge nothing to review your case. Contacting a lawyer after a motorcycle accident, even a minor one, is often the wisest course of action.

• Can an injured passenger sue a negligent motorcycle driver?

  Passengers that are injured can sue any negligent driver in their accident, including the operator of the motorcycle they were on.

• What should I do if injuries show up after a motorcycle accident?

  It is very common for injuries not to show up immediately after a motorcycle accident. The rush of adrenaline a victim experiences after being hit can block out pain only for it to arise later. If you are experiencing pain due to a motorcycle accident, seeing a healthcare professional is the best way to receive proper treatment. Michigan law allows those injured in a motorcycle accident three years to file a claim. Even if it has been a while since your accident, if you are suffering from an injury sustained in a motorcycle crash, you should call an experienced lawyer as you may have a case.

• What happens if the at-fault driver doesn’t have insurance or is underinsured?

  Though Michigan law requires drivers to have no-fault insurance, many drivers still do not have coverage and many more have inadequate coverage. Uninsured/Underinsured Motorist (UM/UIM) insurance allows drivers to make a claim with their own company rather than being compensated by the negligent driver who may not have adequate funds to properly cover damages. If you intend on making a UM/UIM claim, we recommend contacting an experienced lawyer that can help you deal with the intricacies of your policy and claim. Additionally, if you were involved in an accident and did not have insurance of your own, you may still have a claim against the Michigan Assigned Claims Plan and/or the Michigan Automobile Insurance Placement Facility.

• How will my motorcycle accident affect my insurance rate?

  Unfortunately, a motorcycle accident can make your insurance rate increase even if you are not found to be the at-fault party. Insurance companies calculate your rate based on a risk assessment and oftentimes, if the accident was very minor, drivers will opt to avoid reporting an accident to their insurance provider to prevent their rates from rising. However, if you are even slightly injured as a result of your accident, making a claim against your insurer(s) may end up being worth it even if it makes your premiums go up.

• What should I do if I have lost a loved one to a motorcycle accident?

  Losing a loved one to an unjust, preventable death is a great tragedy that can often be compounded by medical and funeral bills as well as loss of income. A Michigan wrongful death attorney can make sure that your family is informed of your rights and options as well as assist you in your pursuit of justice. Nothing can ever make a wrongful death right, but at the very least compensation can help ease the financial stress that often accompanies death.

   

  More information on your options after losing a loved one to a wrongful death can be found in this article.

• What should I do if bad roads caused my accident?

  Various government agencies are responsible for maintaining public roads and ensuring that they are safe. If you are injured due to the negligence of one of these agencies, the government may be liable. Cases like these are incredibly complicated for various reasons, including government immunity, but an attorney who specializes in auto accidents will be able to help determine whether or not you should file a lawsuit.

• Am I still able to sue if I was not wearing a helmet during my motorcycle accident?

  Yes, if you were injured in a motorcycle accident, you can sue the at-fault party whether or not you were wearing a helmet at the time of the crash. However, the compensation you receive in a settlement may be decreased if you chose not to wear a helmet.

  If the at-fault party and their insurance company is able to prove that your injuries would have been less severe had you been wearing the helmet, they can claim that your negligence was a partial cause of the damage. In Michigan, a victim’s compensation will be reduced according to their degree of fault. If, for instance, a victim is found 20% liable for riding without a helmet, they will only receive 80% of the damages they would have otherwise been entitled to.

• How long do I have to file a claim after a motorcycle accident in Michigan?

  Michigan enforces two completely separate, rigid deadlines depending on the type of compensation you are pursuing. Missing either of these statutory dates will result in a judge dismissing your case permanently:

  • The 1-Year No-Fault Notice Window (MCL 500.3145): To collect first-party Personal Injury Protection (PIP) benefits, which cover your medical bills, rehabilitation, and 85% of your lost wages, you must file a formal application for benefits with the correct auto insurance company within exactly 1 year from the date of the crash. Furthermore, if the insurer refuses to pay a specific medical bill, a lawsuit for that unpaid expense must be filed within one year of the date that specific expense was incurred.
  • The 3-Year Third-Party Lawsuit Deadline (MCL 600.5805): If you are suing the reckless, at-fault driver for your physical pain and suffering, emotional distress, and excess economic losses, you have exactly 3 years from the date of the motorcycle accident to file your personal injury lawsuit.

  Because identifying the correct insurance carriers and gathering technical medical evidence takes time, you should never wait until the last minute. Call us right away at 855-MIKE-WINS so we can lock down your deadlines and protect your financial recovery.

• What are the Insurance Requirements For a Michigan Motorcyclist?

  A Michigan motorcycle rider is required to hold liability insurance to provide coverage in case of an accident that causes property damage or injury. On the other hand, a biker is not required to purchase no-fault insurance in this state. Michigan no-fault law only applies to owners of motor vehicles – and since a motorcycle isn’t considered a motor vehicle, insurance isn’t required.

  A motorcycle rider does, however, have the option to purchase personal injury protection (PIP) insurance if extra coverage is desired. This insurance policy is for the payout of “first-party” medical benefits and only comes into play if the motorcyclist sustains an injury accident that doesn’t involve a motor vehicle.

• Why Hire a Michigan Motorcycle Accident Lawyer?

  After a Michigan motorcycle accident, your main concern is your health and getting the medical care that you need. Next, one of your priorities should be consulting with an experienced Michigan motorcycle accident attorney. Having skilled legal representation on your side can mean the difference between having your medical bills and bike repair costs covered or having to cover those expenses out-of-pocket.

  If you’re debating whether to hire a motorcycle accident lawyer or file the claim yourself, please consider the following questions.

  Do you know the true value of your case?

  If you’re unfamiliar with Michigan’s personal injury laws, it can be difficult to know what your claim is truly worth. You can be sure that the insurance adjuster is not going to be upfront with you about the actual value of your claim. The insurance company’s goal is to get you to accept the lowest settlement amount possible.

  The motorcycle accident attorneys at our law firm will calculate the amount your claim is worth based on your financial losses and non-economic damages. Our legal team knows how to gather the evidence needed to build a strong case for you and maximize your claim.

  Damages that your lawyer may be able to recover may include:

  • Medical bills
  • Lost wages
  • Property damage
  • Disfigurement
  • Pain and suffering
  • Wrongful death
  • Attendant care costs

  Do you know how to establish fault and prove liability?

  It is important to establish the cause of your accident and identify who is liable for damages. The insurance company may try to place all or part of the blame on you, which could affect the payout of your claim.

  Our attorneys are knowledgeable in Michigan personal injury law and know what is required to prove fault and liability in a motorcycle accident case. While investigating the cause of the accident, we may collect evidence, speak to witnesses, examine video footage, review police reports, and hire experts.

  Parties liable for your motorcycle accident may include:

  • Another motorcycle rider
  • Motorists
  • Pedestrians
  • Property owners
  • Government agencies
  • Manufacturers

  In some situations, more than one party may have contributed to your motorcycle accident. Your Michigan accident lawyer will be able to identify all liable parties and ensure you receive the full amount of compensation you deserve.

  Do you know the statute of limitations and how to meet it?

  When you are injured in a car, truck, motorcycle, or another type of accident, you have a limited amount of time to file a personal injury case and pursue damages. If your lawsuit isn’t properly filed within the deadline outlined by Michigan state law, then you will likely lose out on your right to compensation.

  Due to Michigan being a no-fault state, the deadline for a motorcycle accident claim varies depending on the situation. For this reason, it’s important to consult an attorney as soon as possible after your collision. An experienced motorcycle accident lawyer will understand how each law pertains to your individual case and be able to ensure that your claim is filed on time.

  Do you know how to negotiate an insurance settlement?

  You will likely hear from the insurance company shortly after your motorcycle accident. Keep in mind that insurance companies are not your friends and are not likely to have your best interests at heart.

  Insurance adjusters are skilled negotiators and know how to get accident victims to accept fast and low settlement offers. You need someone on your side representing you who is familiar with the tactics that greedy insurance companies use.

  The Michigan motorcycle accident attorneys at our law firm have extensive experience in handling negotiations. As long as you haven’t already accepted an offer from the insurance company, our motorcycle accident lawyers can fight for the settlement amount you deserve.

  Do you know how to file a lawsuit?

  Most Michigan motorcycle accident claims are settled with insurance companies out of court. However, if a just and fair amount can’t be reached, your next step will be to file a lawsuit against all liable parties.

  If you don’t have a legal background and experience, filing a lawsuit yourself can be extremely difficult. A Michigan motorcycle accident lawyer who takes on your case, though, will be well prepared to offer evidence, present facts, and explain to the court why you deserve more compensation than what the insurance company is offering.

• Contact a Michigan Motorcycle Accident Lawyer Today

  If you or a loved one has been injured in a motorcycle crash, don’t hesitate to contact one of the attorneys at Mike Morse Law Firm today. During your initial free consultation with us, our Michigan motorcycle accident attorneys will answer any questions that you might have, explain what your legal rights are, and determine whether you are eligible for damages.

  Our attorneys are committed to providing our valued clients with unparalleled customer service. We believe open and honest communication with each of you is important, and we will regularly update you on the progress of your motorcycle accident case. Our lawyers also work on a contingency fee basis, which means you pay no fees unless we win.

  Choose the skilled and compassionate attorneys at Mike Morse Law Firm in Michigan to represent you in your motorcycle accident case. Contact us and schedule your free consultation today by calling 800-MIKE-WINS, starting a live chat, or filling out the online case evaluation form.