If you have been in a motorcycle accident, figuring out who caused it might be the last thing on your mind. This is especially true if your vehicle received damage or you suffered injuries. The fault of the accident is with one of the parties involved, though, and it is necessary to find out who it is in case someone files a third-party claim. The most important step in determining who was at fault for a motorcycle crash is to gather evidence. A motorcycle accident attorney is best equipped to deal with this process. They can also handle the insurance company while you recover from the accident. To speak to an experienced Michigan attorney, reach us through our contact page or call 1-866-226-6833 today.
Motorcycle accidents are not that different from other motor vehicle accidents. They often result from a fairly short list of causes, many of which are based on the negligence of a biker or other vehicle driver. Motorcycles tend to be smaller than other vehicles on the road, and therefore they are more difficult to see. Motorcyclists sometimes take risks that lead to collisions. At other times, truck or car drivers fail to notice a motorcycle alongside them or in their path. The following are some of the most common causes of motorcycle accidents.
Motorcycle collisions often occur when a car or other motor vehicle is making a left turn. Crashes could result from negligence by car, truck, or motorcycle drivers, depending on the circumstances. Common scenarios leading to left-turn accidents include the following:
Motorcycle crashes may occur at intersections due to a driver not seeing a motorcyclist, or a motorcyclist not seeing another vehicle on the road. While left-turn accidents are perhaps the most common danger motorcyclists face at intersections, other types of intersection accidents are also possible. If two motorcyclists are sharing a lane at an intersection, for example, another driver might only see one motorcycle, resulting in a collision with the second motorcycle. Accidents may also result from someone running a red light or failing to yield the right of way.
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.
The condition of the road itself can be a major factor in motorcycle accidents. Because of their size, motorcycles tend to be more susceptible to road debris, potholes, and other hazards. An inattentive biker could end up in an accident because of these conditions, but sometimes even the most alert motorcycle rider cannot avoid this kind of accident.
Weather conditions are a common cause of vehicle accidents, and motorcycle drivers are particularly at risk from rain, snow, ice, and other elements. Motorcyclists must be especially careful during lane changes and turns when weather conditions are bad.
According to the National Highway Transportation Safety Administration (NHTSA), around 80% of motorcycle accidents result in injury or death. By comparison, only around 20% of accidents involving passenger vehicles like cars or trucks lead to injuries or fatalities. The NHTSA states that, based on the number of miles traveled, motorcyclists are 4 times more likely to suffer injuries in a crash than occupants of cars. Those injuries are 16 times more likely to be fatal.
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%.
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.
Proving who was at fault in a car accident or motorcycle accident requires evidence from the accident scene, the police report, and other sources. Evidence that the other driver or rider was breaking the law, such as by speeding, running a red light, or driving while intoxicated, can help establish fault for the accident. Evidence that a rider lacked the experience or skill necessary to operate a motorcycle safely may also determine fault.
Michigan’s no-fault law allows people injured in motorcycle accidents to recover compensation regardless of who is to blame. These damages only cover certain losses, though. To recover for noneconomic damages like pain and suffering, a person must make a claim against the at-fault driver or rider. Insurance companies in Michigan tend to treat these claims with automatic suspicion, especially when a motorcyclist is making the claim. A personal injury lawyer can help navigate these issues.
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:
Noneconomic damages like pain and suffering, mental anguish, and disfigurement require a claim against the at-fault driver.
Once a motorcycle accident occurs, it is important to move quickly in order to ensure that you can receive the maximum amount of compensation possible. You will need to deal with insurance companies that might be skeptical of your claims and motivated to minimize the amount they have to pay. Through all of this, you might also be dealing with injuries and pain.
A motorcycle accident lawyer can be an indispensable resource in navigating the many legal and financial issues that will come up. Let your attorney handle the details so you can focus on your recovery.
Steven and Jared Matz are dedicated personal injury lawyers with many years of experience representing motorists who have suffered injuries in motorcycle accidents in Michigan. To schedule a free consultation with a skilled Michigan motorcycle accident lawyer, contact the firm today online or by phone at 1-866-22Not33 (1-866-226-6833).
Steven J. Matz is a founding shareholder of Matz Injury Law. The firm’s concentration is on personal injury litigation, with an emphasis on traumatic brain injury.
The maximum contingency fee permitted by law is actually 331/3%. Michigan court rules require that the attorney fee be computed on the net sum recovered after deducting all disbursements properly chargeable to the enforcement of the claim.
We can charge 22% while virtually all other injury attorneys charge 331/3% because we are very, very, good at obtaining results for our clients.
We do not spend millions of dollars on television ads; instead, we offer a lower fee to all our clients. We do not have dozens of lower paid associates handling our work. All our clients are represented by Steven and Jared Matz. Steven Matz started the firm in 1977 and since then has dedicated his life to representing injury victims. Jared joined the firm in 2016 but grew up listening to stories, discussing theories, and generally learning at the dinner table about how to effectively and compassionately represent injury victims. Jared Matz was literally born to represent individuals involved in motor vehicle crashes.
All of our cases are handled on a contingency fee and all our cases are handled at 22%. Whether the case settles or goes through trial, the fee does not change. While our competitors make excuses as to why they charge so much, we are obtaining results for our clients at a lower fee.
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