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Wrongful Death

Was Exactly Is A Wrongful Death Lawsuit?

Michigan Auto Law is the largest and most successful personal injury law firm in the state practicing exclusively in wrongful death automobile accident lawsuits. Our clients include families who have been impacted by the premature death of a loved one caused by another driver’s negligence. Many of these cases result from serious motorcycle accidents.

In a Michigan wrongful death lawsuit, the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant’s conduct. Compensation for wrongful death motorcycle fatalities is controlled by the Michigan Wrongful Death Act. A lawyer must open an estate and a personal representative appointed by the Michigan probate court will file a lawsuit on his behalf. Payments to the family of a rider killed in a motorcycle accident in Michigan must first be authorized by the probate court before any Michigan attorney can distribute the proceeds from a Michigan wrongful death lawsuit.

What must be proven?

  1. The motorcycle accident death was caused wholly or more than 50 percent as are result of the defendant’s actions.
  2. The defendant acted negligently.
  3. There is a surviving spouse, children, beneficiaries or dependents of the motorcycle accident victim.
  4. Monetary damages have occurred as a result of the motorcycle accident victim’s wrongful death.

Michigan Auto Law has been exclusively handling auto negligence cases, including countless motorcycle accident cases, for more than 50 years and three generations. We can help Michigan motorcycle accident victims and their family members better understand motorcycle insurance laws and what happens after someone has been seriously injured or wrongfully killed in a crash. If you have questions or wish to speak to a motorcycle accident lawyer directly, please call Michigan Auto Law at (800) 777-0028 for a free case evaluation.

Motorcycle Accident Statistics

Our attorneys sadly know that motorcycle crashes are far too common, and far too deadly. The sobering fact is that in the past decade, an average of nearly 76,000 people across the country suffered serious injury requiring hospitalization from motorcycle accidents, according to the National Highway Traffic Safety Administration. And an average of 3,900 motorcyclists in the U.S. have died as a result of fatal injuries from their motorcycle accidents.

These numbers continue to increase each year.

Fatality and wrongful death statistics for motorcyclists in Michigan mirror the national averages. Last year, there were 120 wrongful deaths from motorcycle accidents, according to the Michigan Office of Highway Safety Planning. Serious, catastrophic injuries to motorcyclists also far exceed those to automobile occupants. Meanwhile, motorcycle operators involved in serious accidents make a statistically disproportionate share of claims to the Michigan Catastrophic Claims Association.

Why So Many Motorcycle Accident Wrongful Deaths?

As expected, alcohol and operator error play a large role in many fatal motorcycle accident crashes. The National Highway Traffic Safety Administration stated that in 2007, 28 percent of all fatally injured motorcycle riders had blood alcohol content levels of .08 or higher. An additional 8 percent had lower alcohol levels.

The most common type of motorcycle accident due to operator error is a slide-out from too much braking or taking a turn at excessive speeds.

Nevertheless, most motorcycle owners do drive responsibly but are seriously injured or killed due to the negligence of others. Approximately 75 percent of motorcycle accidents are the result of motorcycle crashes with other vehicles, such as cars and trucks on the road that simply fail to see the motorcyclist.

In contrast to alcohol and operator error, only 3 percent of motorcycle accidents are the result of equipment failure or malfunction, such as a tire puncture. Roadway defect claims, which have themselves been largely wiped out under current Michigan motorcycle accident law in recent years, account for 2 percent of motorcycle accidents. Weather — often thought of as a leading cause of motorcycle crashes and motorcycle fatalities — also plays a relatively minor role.

Motorcyclists are simply far more vulnerable than other drivers on Michigan roads. Our motorcycle accident attorneys wish you safe travels, and advise you to drive defensively and use every possible safety precaution when riding your motorcycle.

These are the reasons why we have Michigan wrongful death attorneys practicing exclusively in automobile accident lawsuits. We have extensive trial experience, sophistication, and will work hard to obtain verdicts and settlements that exceed what most other lawyers can achieve. To speak with a motorcycle accident attorney about your circumstances, call Michigan Auto Law at (800) 777-0028. There is absolutely no fee or obligation.

Did our motorcycle accident lawyers answer all of your questions about motorcycle accident wrongful death? If not, please contact us and an attorney will respond within one business day.

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