MICHIGAN MOTORCYCLE ACCIDENT LAWYERS
RESOURCE CENTER

Things you must know right away if you have been involved in a Michigan motorcycle accident:

A Michigan attorney must file a lawsuit within three years of the date of a motorcycle injury accident, or it will be time barred by Michigan law - no matter how severe your motorcycle accident was or how disabling the injuries you suffered from the accident. 

This lawsuit for personal injuries following a motorcycle accident is called a third party tort lawsuit, and under Michigan law the damages recoverable are limited to pain and suffering and excess economic loss after the first three years of the motorcycle accident.

Many motorcycle accident personal injury cases are caused by unidentified hit and run motorists who are never identified.  A Michigan lawyer may need to file an uninsured motorist claim if the car or truck driver who caused the motorcycle accident is never identified. 

An uninsured motorist claim is a claim for personal injury or wrongful death following a motorcycle accident.  It is made with the motorcycle owner’s own uninsured motorist policy.  As an unidentified motorist who has caused a motorcycle accident but who has never been identified obviously cannot be sued, the uninsured motorist policy steps into the shoes of an unidentified driver who caused the car accident.

If an uninsured motorist claim is necessary, the time for a Michigan personal injury lawyer to file an uninsured motorist claim may be less than the three years required by law to file a third party tort lawsuit following a motorcycle accident in Michigan. 

There may also be a period of time required to give notice to your own insurance company following your motorcycle accident.  These notice periods can be very short. Read your insurance policies carefully or have them reviewed by a Michigan lawyer experienced with handling motorcycle accident cases.    

Many motorcycle insurance policies now have a contact requirement in the insurance policy, requiring that there be some physical contact between the motorcycle and the motor vehicle in the accident to trigger an uninsured motorist claim for injuries.

An injured motorcyclist may be entitled to first party no fault benefits following a motorcycle accident, even if he or she did not have Michigan No Fault insurance on the motorcycle.  Most motorcycle owners choose not to purchase PIP insurance in Michigan, due to the cost.  However, when a motorcyclist is involved in an injury accident with a car or truck, the injured motorcyclist can still collect Michigan no fault benefits from the motor vehicle that made contact with the motorcycle in the accident. 

Under Michigan law, there is a specific order of priority that an injured motorcyclist must follow to determine the insurance company responsible for payment of benefits after a motorcycle accident.  This order of priority under Michigan insurance law can be complicated.  Many motorcyclists severely injured in motorcycle accidents are entitled to Michigan no fault benefits and never claim or receive them. 

It is always wise to discuss what insurance is available to you after a serious motorcycle accident with a Michigan attorney experienced in handling motorcycle accident cases.

If a motorcyclist is killed in a motorcycle accident, compensation under Michigan law for wrongful death motorcycle fatalities is controlled by the Michigan Wrongful Death Act.   

After a motorcyclist has been killed in an accident in Michigan, a lawyer must open an estate and a Personal Representative appointed by the Michigan Probate Court to stand in the shoes of the deceased and file a lawsuit on his or her behalf. 

Payments and proceeds to the family of a rider killed in a motorcycle accident in Michigan must first be authorized by the Probate Court by law before any Michigan attorney can distribute the proceeds from a Michigan wrongful death lawsuit.

Because motorcycles are more dangerous than other types of motor vehicles, a motorcyclist is eighteen times more likely to be killed, and three times more likely to be injured in a motorcycle accident than someone who is driving a car.   The Michigan motorcycle accident lawyers at Michigan Auto Law have compiled a list of safe motorcycle riding tips that we have included in this resource center, based upon our own experiences litigating motorcycle personal injury and wrongful death cases throughout Michigan.

The lawyers at Michigan Auto Law always recommend a motorcyclist wear a helmet and ride his bike safely.  However, failure to wear a motorcycle helmet will not preclude a motorcyclist injured in a motorcycle accident from filing a lawsuit for his injuries.  Failure to wear a helmet can, however, reduce the amount of money recovered in a personal injury lawsuit under Michigan law if it can be shown that not wearing a helmet made the injuries from a motorcycle accident worse than they would otherwise have been.  This is a familiar defense that lawyers often make in motorcycle accident injury cases. 

Statistically, motorcycle helmets have been found to be 29% effective in preventing wrongful death in motorcycle accidents.

If a motorcyclist does suffer catastrophic personal injury in a motorcycle accident, a motorcyclist is entitled under Michigan insurance laws to receive benefits and protection under the Michigan Catastrophic Claims Association. 

If a motorcycle rider suffers serious injury due to a roadway defect, such as faulty road design, repair, roadway maintenance, or other road hazards, a claim may be made against a Michigan governmental entity.  Such a lawsuit is subject to strict notice and filing requirements. 

It is recommended you speak to a Michigan personal injury lawyer familiar with motorcycle accidents as soon as possible if you have been injured in a road defect claim in Michigan.

The Michigan motorcycle accident lawyers at Michigan Auto Law have compiled and developed this online resource center for motorcycle accident injury victims.  This resource center was developed to help motorcycle accident victims and family members better understand Michigan motorcycle insurance laws and what happens after someone has been seriously injured or wrongfully killed in a motorcycle accident.

This Motorcycle Accident Resource Center was produced as a free consumer guide to help motorcycle riders and accident victims.  The Motorcycle Links and the resources throughout provide information on statutes of limitation, notice, the Michigan No Fault law, order of priority, filing and other information for Michigan lawyers handling motorcycle accident cases, as well as tips on safe riding and information regarding the motorcycle helmet law. 

Please help us continue to make this Michigan Motorcycle Accident Resource Center the most comprehensive and informative online resource center available at no cost to all users.  If there is additional information you would like us to include, or safety tips of your own you would like us to add, please feel free to contact any of our Michigan motorcycle accident injury lawyers at any time.