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Legal Issues of Michigan “Crotch Rocket” Motorcycle Accidents

October 2, 2008 by Steven M. Gursten

In my previous blog, “Crotch Rocket” Motorcycle Death Rates Continue to Rise in Michigan, I discussed the extreme danger of young, inexperienced crotch rocket drivers who daringly dart down Michigan roads at speeds exceeding 150 miles per hour. For supersport drivers who cause accidents, the legal outcomes regarding a third-party tort case for injuries and pain and suffering are generally unfavorable — especially compared to those of car or truck drivers.

However, the no-fault attendant care lawyers of Michigan Auto Law have been able to successfully help many motorcyclists — even those who cause motorcycle accidents — receive important no-fault attendant care benefits.

One point of the Michigan motorcycle law that sides with crotch rocket bikers is as follows: Even if an individual driving a motorcycle caused an accident, that person is still entitled to attendant care, as long as the accident involved an unparked car or truck.

That introduces another valuable point: Motorcycle drivers must have health insurance, because if a crotch rocket driver is in an accident that does not involve a car or truck, there may not be any medical coverage available for necessary medical expenses.

Often, the valuable insurance benefits that our personal injury attorneys have secured for catastrophically injured clients has been the only factor allowing them to survive.

When a Michigan Motorcycle Accident Doesn’t Involve Rider Error

But it’s important to note that not all serious motorcycle accidents involve rider error. In many of the motorcycle accident cases our lawyers have successfully litigated, knowledge and understanding of the limitations inherent to crotch rocket supersport bikes plays an important role.

For example, in one case, the police officer incorrectly found the motorcyclist at fault for a motorcycle-truck impact accident, in which the biker was killed. The police officer did not understand that the distance a motorcycle’s headlights illuminates is far less than a car. Therefore, the shorter illumination span from the motorcycle’s headlights curtailed the distance the rider had to perceive the oncoming truck. In turn, he could not react in time to avoid the collision.

In the same case, the police officer also did not understand the conspicuity requirements of large trucks, including reflective tape and other measures. The police officer’s inexperience ended up transforming a case that at first appeared to be solely the motorcycle rider’s fault, to one where our personal injury lawyers helped the deceased rider’s family and reached a fair settlement.

This case is a prime example of why when investigating the legal consequences following a motorcycle accident, it’s best to speak with an experienced Michigan motorcycle accident lawyer — preferably one that has handled serious injury or death cases involving supersport bikes.

To our lawyer readers, please give us your thoughts on Michigan motorcycle accident law and any unique supersport cases you’ve had. We also welcome additional thoughts from readers who revel in riding crotch rockets.

– This post was written by Steve Gursten, managing partner of Michigan Auto Law. Visit Steve Gursten’s LinkedIn profile.

Related information:

Michigan Motorcycle Accident Insurance Law

Third-Party Lawsuits for Michigan Motorcycle Accidents

Michigan No-Fault Insurance

Motorcycle Safety

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