Michigan motorcycle accident law can be complicated, and has many exceptions that do not apply to car accidents or truck accidents. There are two types of claims a motorcycle accident attorney can make for a person who has been in a motorcycle crash with a car or truck:
A third-party claim is a lawsuit that’s filed against the negligent driver responsible for causing a motorcycle accident in Michigan. It’s also referred to as a negligence claim or a tort claim. The damages available in a third-party claim following a motorcycle crash are limited under Michigan law, and include pain and suffering non-economic damages and excess economic benefits.
In order to win a motorcycle accident lawsuit, an injured motorcyclist must demonstrate that he was not more than 50 percent at fault for the motorcycle accident. A showing that the motorcycle operator was more than 50 percent at fault for the crash can completely bar any recovery for pain and suffering damages against a defendant.
A first-party claim is between the motorcycle accident victim and his insurance company for no-fault benefits, also called personal injury protection (PIP) benefits. If a motorcycle rider was involved in an accident with a car or truck, he will qualify for Michigan no-fault benefits. The allocation of fault does not affect recovery of no-fault benefits for your motorcycle crash. In other words, even if the motorcycle operator was found 90 or even 100 percent responsible for the accident that caused his injuries, and therefore, was completely barred from recovery of any pain and suffering damages, he would still be entitled to no fault insurance benefits. These benefits include medical expenses related to the auto accident, wage loss for the first three years following the accident, household replacement services (chores/help with children), payment for mileage to and from medical appointments and attendant care, also referred to as nursing services.
Michigan Auto Law has been exclusively handling auto negligence cases, including motorcycle accident cases, for more than 50 years. 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 attorney directly, please call Michigan Auto Law at (800) 777-0028 for a free case evaluation.