Who is at Fault for Accidents Between a Car and Motorcycle

A quarter of a million Michiganders ride motorcycles, yet their small size and low profile often make them nearly invisible to drivers of larger vehicles.

When a collision occurs between a car and a motorcycle, the consequences can be devastating, leaving riders with serious injuries and unanswered questions about fault.

Without quickly addressing these issues, victims may face mounting medical bills, lost wages, and legal obstacles in securing compensation. At Matz Injury Law, we are committed to helping car and motorcycle accident victims secure the justice and financial recovery they deserve.

Motorcycle Accident Statistics in Michigan

Across Michigan, nearly 250,000 motorcycle riders operate on city streets or highways, and many of them face risks every time they do so. In 2021, there were 3,175 motorcycle crashes in the state, resulting in 2,526 people with significant injuries and 166 deaths. Data from the Michigan Office of Highway Safety Planning shows that these accidents comprised about 1.1 percent of all traffic crashes.

The NHTSA reports that head injuries are one of the main types of motorcycle accident injuries. It notes that helmets may reduce the risk of fatal injuries by 29% and of traumatic brain injuries by 67%.

Common Types of Collisions Between Cars and Motorcycles

The causes of motorcycle accidents are just as varied as other types of accidents. Either party can be responsible, and there are risks to both on the roadway. Take a look at some of the most common reasons motorcycles and car drivers collide.

Head-on Collisions

Head-on collisions, in which two vehicles strike facing each other, are the most common causes of these accidents. The driver of the other vehicle strikes the motorcyclist head-on, often resulting in a fatal accident.

Left-Hand Turns at Intersections

Left-hand turns are another common type of accident between cars and motorcycles. They happen when another driver is turning left and fails to see the motorcycle or does not provide the motorcyclist with enough opportunity to pass. This may occur in several scenarios:

• The rider is trying to pass a driver who is trying to turn left.
• The driver who is making a left-hand turn fails to see the rider as that rider is coming through the intersection.
• The rider is overtaking a driver who is turning left.

Since bikes are harder to see, these types of accidents are common. In some situations, either of the drivers may be speeding or running a red light, which can impact negligence claims.

Unsafe Lane Changes by Vehicle Drivers

Either driver may cause an accident if they change lanes without warning or proper distance. This type of accident often occurs when the driver does not check blind spots before moving into another lane. Even if the driver just clips them, this increases the risk of serious accidents for motorcycle riders.

Blind Spots in Passenger Vehicles

Blind spots on vehicles make motorcycle accidents particularly risky. Due to the small size of bikes, they can easily hide in these blind spots, such as those at the rear of the vehicle behind the driver.

Lane Splitting and Its Risks

Lane splitting occurs when a motorcycle rider maneuvers their bike around two cars, splitting a lane. For example, if cars are stopped at a light, a motorcycle rider traveling in the same direction as other drivers may try to pass between those stopped lanes of traffic because there is enough room to maneuver. In some states, including Michigan, lane-splitting is not legal.

If you engage in lane splitting and an accident occurs, that could limit your ability to recover damages in your case. It may mean that you, as a motorcycle rider, are partially responsible for the incident with the other motor vehicle.

Driving While Inebriated

Driving under the influence (DUI) is illegal in Michigan and every other state in the country. It is a significant cause of all types of motor vehicle accidents. A motorcycle rider could get too close to a car with an inebriated driver. A motorcyclist who rides while under the influence of alcohol or drugs is at serious risk of a crash. Accidents related to DUI may include head-on collisions, which can cause serious, or even fatal injuries.

Road and Weather Conditions

Weather conditions can also contribute to motorcycle accidents. Motorists must be able to operate their vehicles safely, whether they are driving a passenger vehicle, a truck, or a motorcycle. If they are not, the driver who causes the accident could be held accountable.

Motorcyclists are specifically vulnerable to road conditions. Potholes, debris, and adverse weather conditions can cause accidents. In some situations, the city or private owner who created or did not take care of such road conditions could be found liable if they knew a concern existed and did not take action to rectify it.

Who is at Fault in Most Accidents Between a Car and Motorcycle?

Determining the cause of each case individually is critical, but research indicates that the most common cause of motorcycle accidents with a car is due to the negligence of the driver. Specifically, the study found the following to be true:

• Right-of-way violations: In about 66 percent of cases, the other vehicle’s driver violated the motorcycle’s right-of-way. This was often the result of not detecting the motorcycle, recognizing the motorcycle, or otherwise not noting the motorcycle’s right-of-way, especially at intersections.
• Lack of awareness: Also notable was that car drivers were more often at fault than motorcycle operators in detecting the presence of the other operator. Many accidents were caused by drivers not seeing the motorcycle until they couldn’t take action to prevent the collision.

How is Fault Determined in Car and Motorcycle Accidents in Michigan?

To determine who is at fault in a car accident with a motorcycle, various factors must be taken into consideration as a whole. Some of the contributing factors include:

• Witness statements
• Noted road hazards or conditions
• Data from vehicles indicating the speed or actions of the driver
• Lack of rider experience or skill necessary to operate a motorcycle safely.
• Passenger statements
• Accident reconstruction expert opinions
• Video or photo recordings
• Data from black boxes, if available

Assigning fault in motorcycle collisions often requires a comprehensive investigation examining all factors. Your personal injury lawyer will investigate for you so that it is not just the responding police officer or an insurance company making these decisions about your future.

What Factors Can Influence the Determination of Fault?

Various factors influence the decision on fault. This includes both external and situational factors such as:

• Violations of traffic laws: The starting point for determining fault is determining whether and, if so, who violated traffic laws. This could include speeding, failing to signal, or failing to yield the right-of-way.
• Eyewitnesses: In situations where there are witnesses other than the two drivers, their statements can significantly contribute to determining fault.
• Police reports: Police reports that gather onsite data and collect forensic information may be helpful in determining fault.
• Evidence from the scene: This could include damage from vehicles, traffic cameras, and skid marks. Additionally, property damage to the car or motorcycle could also provide useful insights.
• Driver admissions: Either driver’s statement may help determine what occurred right before the accident. This includes the biker making a statement about what they did or did not do, as well as the passenger vehicle indicating mistakes at the accident scene.
• Speed and actions of each driver: High speeds or movement into oncoming traffic are factors to consider.

What Forms of Compensation Can You Receive From the At-Fault Party?

Michigan law limits the type of damages people may recover in no-fault claims, as well as the damages a loved one may recover in a wrongful death claim. These damages include:

• Medical expenses
• Lost wages; and
• Compensation for attendant care and other expenses associated with someone’s injuries.

Noneconomic damages like pain and suffering, mental anguish, and disfigurement require a claim against the at-fault driver.

How Michigan’s No-Fault Law Affects Motorcycle Accident Claims

Michigan’s no-fault insurance system works differently for motorcyclists than it does for car drivers, and that distinction directly affects how fault and compensation play out after an accident.

Under Michigan law, motorcycles are not classified as “motor vehicles.” Because of this, motorcyclists are not required to carry Personal Injury Protection (PIP) coverage, which is the cornerstone of the no-fault system for other drivers. This creates a critical gap in coverage that many riders don’t realize until after an accident occurs.

• No-fault benefits only cover medical expenses, lost wages, and attendant care, not pain and suffering
• Pain and suffering compensation requires filing a separate claim against the at-fault driver
• Insurance companies routinely dispute motorcyclist claims more aggressively than those involving passenger vehicles
• Policy limits may fall short of covering the full cost of serious or catastrophic injuries

Because motorcyclists often fall outside the protections that no-fault affords other road users, identifying and proving fault matters even more. Recovering full compensation, including non-economic damages like pain and suffering, and mental anguish, depends on building a strong case against the at-fault party.

How Do You File a Claim After a Michigan Motorcycle Accident?

Michigan law views motorcycles differently than other vehicles. A motorcycle is not, legally speaking, a “motor vehicle” in this state. This makes filing a claim for property damage or personal injury more difficult, but there are ways for motorcyclists to recover damages from insurance claims. A motorcycle accident lawyer can help.

The first problem involves Michigan’s No-Fault Law, which allows people to make injury claims on their own insurance without regard to who was at fault in an accident. Unlike other drivers, motorcyclists are not required to have insurance that includes Personal Injury Protection (PIP) coverage. A rider may still be able to recover damages through the Michigan Assigned Claims Plan. No-fault claims only cover damages like medical bills and lost wages, though. An injured rider will almost certainly want to pursue pain and suffering damages as well, which requires a claim against the at-fault party.

Next, motorcycle accident claims tend to be more expensive than other auto accident claims because of the possibility of more serious injuries. Insurance companies might fight harder to avoid paying the full value of the claim. An at-fault driver’s insurance coverage limits also might not be enough for the total amount of damages.

Finally, both at-fault drivers and their insurers often attempt to blame injured motorcyclists for accidents. If they succeed in pinning the blame on the motorcyclist, the rider might not be able to recover any damages at all. Evidence is necessary to counter the at-fault driver’s allegations.

When Should You Consult an Auto or Motorcycle Accident Lawyer?

Speaking to a personal injury attorney immediately is beneficial. Your attorney will look at a wide range of evidence and help you build a robust accident claim that includes all potential compensation possible.

Contact an attorney as soon as you are stable enough and have received medical care. You do not need to wait until you are filing insurance claims to get legal help. Allow an attorney to help you sooner.

How Can a Motorcycle Accident Lawyer Help in Fault Determination?

Your motorcycle accident attorney will:

• Discuss your case with you to get initial statements, or speak to your loved one if you are unable to provide information.
• Use experts from a network of providers to evaluate the cause of the accident.
• Request information from the medical reports of the other driver, for example, if there is concern about reaction time due to intoxication.
• Discuss your severe injuries with you and your doctor to better understand what caused them.
• Provide you with comprehensive legal support as you go after the at-fault party for compensation.

Why Clients Choose Matz Injury Law

Matz Injury Law fights for victims of motorcycle accidents. One recent recovery of $4.15 million in Washtenaw County is helping a family rebuild after the loss of their college-going child, who was killed in a traffic crash on a motorcycle. That settlement came from three different insurance companies, all with culpability.

Expect our attorneys to fight for your rights. We become your trusted advocate. Request a free case evaluation to learn what we believe your legal rights are.

Testimonials

“Steve Matz deserves more than 5 stars! He went above and beyond to help me with my automobile accident/lawsuit, and stayed in constant contact with me. He cared about me as a person and how I was feeling or doing.” – Holly L.

“Mr. Matz was great helping me after my auto accident. I had no idea what was going on or where to turn but he led me the correct direction and to the right kind of doctors I needed to treat my injuries. He was there to answer any questions and still is, even if its not to do with the case he represented me on. His son is very helpful and caring also!” – Judy W.

“If you are looking for the best attorney to handle your automobile accident claim, look no further! I have known Steve Matz for more than 20 years. He successfully represented me in 2001 then again in 2019 following serious automobile accidents. He leads you step by step through the entire complex legal process. Put Steve Matz on your team to get the justice you deserve! The Matz team is a clear winner!” – Gary C.

Related Resources

• Is Motorcycle Lane Splitting Legal in Michigan?: Lane splitting is a common cause of motorcycle accidents. Find out if it is legal in Michigan.
• Is It Worth Hiring A Michigan Car Accident Lawyer?: The value of hiring a Michigan car accident attorney is a critical consideration. With severe injuries and losses, there are benefits to consider.
• How Can Motorcyclists Protect Themselves in an Accident?: Motorcycle riders must learn steps to drive defensively to protect their rights. These strategies can protect you in some cases.
• Who is at Fault in Most Motorcycle Accidents?: Determining fault in most motorcycle accidents is complex. Here’s how we do so.

Let Us Help You Determine Fault and Recover Compensation

Get the legal help you need from a trusted and experienced motorcycle accident attorney in Michigan. Contact Matz Injury Law now by filling out our contact form or calling 1-866-22NOT33. As a lower-fee personal injury law firm, we have been able to help our clients keep more of their settlement money after an accident.