Saline Motorcycle Accident Lawyer

Motorcyclists have all the same rights as other drivers. Unfortunately, not everyone respects those rights. When motorists drive recklessly near bikers, it can result in catastrophic accidents with lifelong consequences for the people involved.

If another person caused your motorcycle crash, you may be able to hold them accountable for your injuries and losses. A Saline motorcycle accident lawyer can help you understand your legal options and put you on track toward a favorable case resolution. Our dedicated personal injury attorneys will support you through every stage of your case.

Potential Causes of a Motorcycle Accident

Knowing the cause of an accident is important for discovering who is responsible for your injuries. Any of the following issues could have contributed to your motorcycle accident:

Speeding,
Not checking blind spots,
Tailgating,
Motorcycle or vehicle defects, or
Disregarding traffic signs and lights.

A driver’s reckless behavior, such as distracted driving, being under the influence of drugs or alcohol, or failing to adjust their driving for bad weather conditions, could cause a motorcycle accident. Additional external factors could play a role in your motorcycle accident. Poorly maintained roadways, potholes, faded traffic lanes, and other obstacles can increase the risk of a collision. Property owners who do not manage their land can cause accidents through items that obscure a driver or rider’s vision, such as an overgrown tree or bush.

Requirements for Riding a Motorcycle

Motorcyclists in Michigan are generally bound to the same traffic code laws as drivers of cars, per Michigan Complied Laws § 300.1949. However, riders must also follow additional traffic safety rules. Noncompliance with Michigan’s motorcycle laws that contribute to an accident could limit a driver’s ability to recover compensation and create liability for others injured in a collision. Read more about traffic laws that apply to motorcyclists below.

A Motorcycle Endorsement or Temporary Instruction Permit

You must add a special motorcycle endorsement to your driver’s license before legally operating a motorcycle on any public street or highway. Temporary Instruction Permits (TIPs) are also available to motorcyclists learning how to ride and preparing to apply for a motorcycle endorsement. However, motorcyclists operating with a TIP may not ride at night or carry a passenger.

Wearing a Crash Helmet

Motorcycle riders in Michigan must generally wear a crash helmet when operating their bike, according to MCL § 257.658b. The helmet must meet the specifications and standards set by the U.S. Department of Transportation.

Exceptions to Michigan’s helmet requirements exist for riders who are at least 21 years old, have $20,000 in first-party medical benefits insurance, and have either had their motorcycle endorsement for two years or passed an approved safety course. Alternatively, riders who are 21 years old and have $20,000 in first-party medical benefits in addition to required insurance are not required to have a crash helmet. That said, riding without a motorcycle helmet increases the risk of a traumatic brain injury in the event of an accident.

Requirements for a Motorcycle’s Seats, Footrests, and Handlebars

A motorcycle must also contain proper seats and footrests that are securely attached for drivers and passengers. The handlebars of a motorcycle must meet the requirements under MCL § 257.661a, which prohibits operating a motorcycle with handlebars that are higher than 30 inches from the lowest point of the undepressed saddle to the highest point of the rider’s handle grip.

Limitations for Carrying Passengers and Packages

You can only operate a motorcycle while carrying passengers when the number allowed for the motorcycle based on its design and equipment complies. This may include weight, height, and other constraints depending on the motorcycle or its configuration. Additionally, a motorcyclist can only carry packages that do not interfere with the driver’s ability to keep both hands on the handlebars.

Steps to Take After a Motorcycle Accident

The order and extent of the steps to take after an accident may depend on its location and the nature of your injuries. However, each step may be necessary at some point or other to begin the process of taking legal action against others for causing your injuries.

Get to a safe location: A motorcycle accident may leave you in a vulnerable position on the highway or public street. If possible, move to the side of the road to avoid further accident or injury.
Contact emergency responders: Call 911 to report the accident and its location. Provide known details about injuries and the nature of the accident, and request that police and medical professionals are sent to the scene.
Seek medical attention: A full medical evaluation from a licensed professional after a motorcycle accident can identify and treat all related injuries.
Exchange contact information with involved drivers: Obtain the contact and insurance information of drivers involved in the accident to report the accident to insurers.
Gather additional details: Take notes, photos, and videos about the events leading to the accident. Relevant details could include weather conditions, information about the drivers or their actions, and potential witnesses.
Consult with a Saline motorcycle accident lawyer: Meet with an attorney as soon as possible after an accident to determine your rights to legal action against at-fault drivers.

Taking decisive steps after a motorcycle accident can help with future claims by preserving available evidence, determining the scope of your damages, and identifying those with potential liability.

Filing a Legal Claim for Personal Injury

A personal injury lawsuit is a civil action that persons injured in a Saline motorcycle accident can file to obtain financial awards from liable parties to offset their incurred damages. Our Saline motorcycle accident lawyers at Charles Boyk Law represent plaintiffs (the person seeking damages) in these legal proceedings. They inform clients of their rights throughout the case, manage the court process, and work to obtain fair compensation.

After an initial consultation and signing of an engagement letter, a lawyer can further investigate the cause of the accident and gather relevant evidence. This step is important for obtaining the necessary information to file a case against the liable party or parties. A lawyer can seek copies of police reports, traffic camera footage, medical records, and other documents to support the case.

Before filing a lawsuit, a lawyer may notify and communicate with insurers or seek a settlement on your behalf through a demand letter to the liable party. This process is designed to inform you about potential outcomes and prepare you for the next steps. Agreeing to a settlement would resolve the case by releasing liability against the defendant in exchange for a payment. This payment could be in a lump sum or delivered in installments.

If resolution at this stage is not possible, the next step is to file a written complaint with the applicable state or federal court. The complaint will name the parties responsible for your injury, explain how their misconduct caused the motorcycle accident, and request the amount of compensation for applicable damages. The defendants in the lawsuit may respond with additional court filings that require pre-trial hearings. During the discovery phase, the parties exchange requested information about the motorcycle accident to build their case further. The involved parties give depositions about their perspective on the events leading to the accident and your injuries.

Throughout litigation, additional opportunities to settle the case may arise as fault and liability become clearer. However, some cases have disputed facts or legal issues that make settlement impossible. If no settlement is reached, the case will proceed to trial, where a jury will determine fault, assign liability for damages, and state the amount of damages awarded.

What If a Motorcycle Accident Results in Death?

A motorcycle accident that results in the death of another could create a wrongful death claim against the at-fault party under MCL § 600.2922. A wrongful death lawsuit is a claim brought by the personal representative of the deceased person’s estate. Compensation received under the lawsuit is then distributed to surviving family members, such as a spouse, children, siblings, parents, and other descendants. Damages a surviving family member could recover under a wrongful death lawsuit may include compensation for loss of financial support, loss of companionship, and any funeral or burial expenses.

Proving the Other Party is At Fault

All motorists assume a “duty of care” when they drive a vehicle on public roads. A duty of care is a legal responsibility to take caution around others. In the context of motorcycle accident cases, a driver’s duty of care is to follow traffic laws and remain aware of their surroundings.

If the person who hit you was driving recklessly or violating a traffic law at the time of the accident, they would be considered negligent. This means you could hold them financially accountable for the injuries and damages you suffered.

Fault and liability could extend to other parties indirectly involved in the motorcycle accident and the reckless driver. For example, a driver’s employer could be liable for the damage they cause through negligence while operating a vehicle in the scope and course of their employment. Another example is a defective motorcycle or vehicle that causes an accident, which could establish fault of the manufacturer or retailer through a product liability claim under MCL § 600.2946.

Comparative Negligence

The courts use comparative negligence law when determining fault in motorbike accident claims. If the at-fault party can prove you were partially negligent, you may not recover full compensation. Michigan Compiled Laws §600.2959, states that the courts can reduce your damages by the percentage of fault you bear for the accident.

The courts can prohibit recovery for non-economic damages entirely if that percentage exceeds 50 percent. Due to these potential barriers to compensation, it is essential to retain a lawyer. A seasoned motorcycle crash attorney can help you prove the other party’s negligence while disproving allegations of comparative fault made against you. However, a settlement may be preferred in cases of potential comparative fault to limit the risk of being denied compensation for damages from an unfavorable jury decision at trial.

What Type of Compensation Can You Receive after a Motorbike Collision in Saline?

Assuming you can prove the other party’s negligence, you may seek compensation for the value of your ensuing damages, whether those losses are economic or non-economic. Recoverable damages in motorcycle accident claim may include:

All past and future medical bills,
Motorcycle repair or replacement costs,
Physical pain and suffering,
Lost work income and/or earning capacity,
Loss of enjoyment of life, and
Permanent disability or disfigurement.

The Deadline to File a Personal Injury Lawsuit

However, you could lose the opportunity to recover anything if you miss the filing deadline. M.C.L. §600.5805 states you must file the case within three years of discovering your injuries. The same three-year filing deadline applies to a wrongful death lawsuit. A diligent attorney can keep track of all important deadlines in your motorbike collision claim. Scheduling a consultation with a lawyer as soon as possible after a motorcycle accident in Saline can help you avoid missing applicable filing deadlines and could result in a faster resolution of the case.

Factors to Consider When Settling a Lawsuit After a Motorcycle Accident

Settling a personal injury or wrongful death lawsuit related to a motorcycle accident is a personal decision for the plaintiff. Carefully considering the factors of your case can help you make an informed decision that aligns with your goals and financial needs. Our Saline motorcycle accident lawyers can help you understand these factors and how they apply to your circumstances.

The first factor is the amount of the offered settlement. The severity of injuries from a motorcycle accident may leave you with long-term or permanent disability that limits your ability to work. Compensation from the settlement may be necessary to support you and your family for a long time. A settlement can be paid as a lump sum or an annuity. Generally, lump-sum settlements will offer a lower amount than annuities because of the differences in when payment occurs. Consider how and when you would like to receive payment.

Second is the issue of comparative fault. A case that shows you had a role in causing the accident presents a risk because a jury could assign fault that either reduces or limits your right to certain damages. A lawyer can help you weigh this risk with the potential difference in compensation that could be obtained at trial.

The third issue is timing. Some personal injury lawsuits can take a long time to complete, depending on the legal complexities involved and the appeal rights after trial. An early settlement may allow for fast payment, which is preferable because of your financial goals and other interests.

How Much Does It Cost to Work with a Lawyer?

Our Saline motorcycle accident lawyers work on a contingency fee basis as a part of our No Fee Promise. We do not collect a fee unless we win a settlement or judgment for you. We collect our fees as a percentage of the compensation received from the liable party and will work toward the highest possible payment.

Speak with a Saline Motorcycle Accident Attorney as Soon as Possible

Even when they occur at low speeds, motorcycle wrecks can cause serious injuries that require months of recovery and expensive medical treatment. At higher speeds, these accidents can cause permanent injuries or even death. If you are struggling due to overwhelming medical bills and lost work income, civil recovery could help you get back on your feet.

Our Saline motorcycle accident lawyers are dedicated to helping you get the compensation you need to recover from your injuries. Call our firm today to schedule a free consultation and discuss your legal options.