Motorcycle Accident FAQs
- What can a Michigan motorcycle accident lawyer do for me?
- How much does it cost to hire a motorcycle accident attorney?
- What should I do after a motorcycle accident?
- How long do I have to file a claim after a motorcycle accident in Michigan?
- How long does a Michigan motorcycle accident case take?
- How much is my motorcycle accident case worth?
- What injuries are commonly found after a motorcycle accident?
- Am I eligible for pain and suffering damages?
- Should I call law enforcement to report an accident?
- How do I obtain an accident report from the police?
- When should I contact my insurance company?
- How should I deal with an insurance adjuster after a motorcycle accident?
- Should I hire a lawyer after a minor collision?
- Can an injured passenger sue a negligent motorcycle driver?
- What should I do if injuries show up after a motorcycle accident?
- What happens if the at-fault driver doesn’t have insurance or is underinsured?
- How will my motorcycle accident affect my insurance rate?
- How can I review my driving record?
- What should I do if I have lost a loved one to a motorcycle accident?
- What should I do if bad roads caused my accident?
- Am I still able to sue if I was not wearing a helmet during my motorcycle accident?
- Can I still sue the driver that hit me if my motorcycle was uninsured?
- What are motorcycle accidents commonly caused by?
A lawyer can help you understand your rights after a motorcycle accident in addition to negotiating with your insurance company and/or the negligent driver (and their insurance company) on your behalf and providing representation if your case goes to court.
Insurance companies do not want to pay you anything beyond the bare minimum and they will employ every trick that they know to protect their own interests. Experienced lawyers like those at the Mike Morse Law Firm understand how these businesses operate and will fight to make sure that you receive the compensation you deserve.
For more information on how a car accident attorney can help you, check out this article.
At the Mike Morse Law Firm, we work on a contingency fee basis. That means you pay us no money until we win your case. We only get paid when you receive your settlement check.
Take a moment to evaluate your surroundings and find a safe place away from traffic from which to call 911. Law enforcement officers are equipped to provide first aid and will arrange other emergency services if they are necessary. Try to move your motorcycle away from traffic flow if it is possible and safe to do so as this will give emergency vehicles easier access to the crash site.
Take pictures and exchange necessary identifying information such as your name, address, telephone number, and insurance details with the other drivers involved. Asking for contact information of witnesses is wise as well, as they may be able to provide testimony in your case. Call your insurance company so that they can begin working with you to address the accident and the damages done as soon as possible.
See a doctor, even if you believe you are unharmed. Injuries from motorcycle accidents don’t always appear immediately after the crash. An examination by a medical professional can identify any issues and give you peace of mind.
Call a lawyer. Having an experienced professional to guide you through the legal process is invaluable and can help you win higher compensation than the lowball offer insurance companies want you to accept.
In Michigan, you have one year to notify your no-fault insurance carrier of an accident. Depending on the exact facts of your accident you may have more or less time to notify and/or sue other parties. Additionally, depending on your exact situation, you may need to make claims against your motorcycle insurer, your auto insurer, and/or the other driver(s) involved in the accident. The best way to guarantee that you are aware of the best course of action is to call a lawyer who has experience handling Michigan car accident cases as soon as possible.
There is no set timeline for motorcycle accident lawsuits, though they tend to take between several months and a year. Keep in mind that every case is different and the length of time is dependent on the cooperation of the insurance company, the presence of appeals, and whether the case goes to trial. Calling an experienced attorney that will move your case along as quickly as possible, while maximizing your recovery, soon after the accident is the best way to receive your settlement as quickly as possible.
Motorcycle accident settlement amounts are dictated by a variety of factors including the extent of any injuries, damage to the vehicle, pain and suffering, as well as time missed at work. To receive an estimate of what monetary damages you could be paid after your motorcycle accident, check out our Settlement Calculator. Insurance companies will often offer you much less than what you may be entitled to. It is essential that you speak with an attorney in order to be sure you are getting the settlement you deserve.
Traumatic brain injuries, concussion, back injuries, broken bones, herniated discs, road rash, and joint issues are all common in victims of motorcycle accidents. In addition to physical injuries, those who have been involved in crashes often suffer from anxiety and other mental health troubles as a result of the accident.
If you were injured in a motorcycle accident, it is wise to seek medical attention. A healthcare provider will be able to both care and a report of your injuries that can be used if you choose to pursue legal action.
Pain and suffering damages are a type of non-economic damages meant to address an injured person’s physical and emotional suffering. Those with serious injuries that were not at-fault for their accident may be entitled to compensation for their pain and suffering. Insurance companies do not want to pay victims for this intangible damage. Hiring an experienced lawyer that will gather medical documentation and witness testimony is vital in building your case.
It is highly advisable to call local law enforcement after a car accident in Michigan. In addition to providing first aid and other forms or practical help, police will file a report of the accident. A police report contains identifying information and a description of the crash that may be helpful if you decided to file a lawsuit. Additionally, in some cases you may be legally obligated to report the accident.
Police reports contain details about the circumstances of a motorcycle accident that can be useful for proving fault in a lawsuit. They can be retrieved from the statewide Traffic Crash Purchasing System for $10. As these reports require a high level of documentation, it can take several days for them to be completed and made available. It is important that you obtain a police report as soon as possible to ensure that it is accurate, complete, and detailed enough to be of use in your case. Once you have the report, be sure to get a copy to your lawyer so that they have the access to resources they need to build your case.
You should call your insurance company immediately after a motorcycle accident to report any damage to your motorcycle or injuries to your person. Reporting any injuries early is essential if you intend to apply for no-fault benefits, as insurance companies may try to deny the existence of any injuries not reported in a timely manner. Your insurance company may also be able to help you arrange repairs for your motorcycle. It is important to remember, however, that your insurance company wants to pay you the lowest amount of damages possible and to be careful with how you approach them. An auto accident attorney can help guide you through these interactions and safeguard your rights.
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 are 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.
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.
Passengers that are injured can sue any negligent driver in their accident, including the operator of the motorcycle they were on.
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.
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.
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.
Your driving record is one of many factors insurance companies look at when setting a client’s rate. You can obtain a digital copy through the Michigan secretary of state’s online reporting system after you make an account and verify your identity with them. If you’d rather receive the information in person, you can go to your local secretary of state office. Alternatively, you can complete and mail this form to make a request. Please note that there is a $12 fee for all options.
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.
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.
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.
It depends. The exact facts of your case will make or break whether you have a successful claim. However, we always recommend that you carry motorcycle insurance. Aside from the fact that it is illegal to operate a motorcycle on public roads without insurance in Michigan, not carrying insurance can give the insurance companies involved in your accident the pretext they need to deny your claim.
Driver negligence is a common cause of motorcycle accidents. Negligent acts include:
- Cutting off a motorcyclist
- Swerving in front of a motorcyclist
- Failure to comply with speed limits
- Creeping up too closely to other vehicles
- Failure to yield
- Ignoring a motorcyclist changing or entering lanes
- Failure to pay proper attention to the road and other drivers
- Driving under the influence
Crashes are also common during left-hand turns at intersections. Drivers often take inadequate care during these turns and:
- Fail to see the motorcyclist
- Misjudge the motorcyclist’s speed
- Misjudge the distance to the motorcyclist