MICHIGAN MOTORCYCLE ACCIDENTS
THIRD PARTY LAWSUITS

In Michigan, after a motorcycle accident has occurred, the lawsuit that is filed against the negligent driver responsible for causing the motorcycle accident is called a third party claim.  This can also be referred to as a negligence claim or a tort claim.   The damages available in a third party tort claim following a Michigan motorcycle accident are limited under Michigan law.  

As one can imagine, motorcycle accidents are by nature far more serious than car accidents.  Statistically, motorcyclists are 18 times more likely to suffer wrongful death as a result of a motorcycle accident in Michigan as someone involved in a car accident.  Motorcyclists are also three times more likely to be injured.  The law regarding motorcycle accidents in Michigan is also complicated, and has many exceptions that do not apply to other types of motor vehicle accidents, as even a cursory review of the information we have included on motorcycle no fault insurance claims will show. 

Injuries for people injured in motorcycles are more often extremely serious and require long periods of medical treatment and recuperation, and this is often complicated by the lack of health and Michigan no fault insurance to pay for it. I For these reasons, we always recommend that if you or a loved one has suffered serious injury as a result of a motorcycle accident in Michigan, it is wise to consult a personal injury attorney experienced in handling Michigan motorcycle accident cases.  

In order to win a motorcycle accident lawsuit, an injured party must demonstrate that he was not more than 50% at fault for the motorcycle accident.  A showing that the motorcycle operator was more than 50% at fault for the crash will act as a complete bar to any recovery for non-economic (pain and suffering) against a defendant at trial.  This allocation of comparative fault between the motorcycle operator and the defendant in a lawsuit will not effect recovery of economic damages, which is governed by pure comparative negligence in Michigan.  In other words, even if the motorcycle operator was found 90% at fault for the accident that caused his injuries, and thus completely barred from recovery for any pain and suffering, he would still be entitled to recovery of his claimed economic damages for the remaining 10% of the economic loss.  This finding of fault or comparative negligence against the motorcycle operator will have no effect on the right of injured motorcycle operator to receive Michigan attendant care or other important first-party no fault benefits if he or she is entitled to receive them.