Michigan Motorcycle Accident Blog

For a Michigan motorcyclist, the results of a Michigan motorcycle accident can be extremely serious – or even fatal.

The facts about Michigan motorcycle accidents are clear.

In 2005, 120 motorcyclists died in Michigan motorcycle crashes, according to the motorcycle accident statistics reported by the Michigan Office of Highway Safety Planning. Another 2,660 motorcyclists were injured in Michigan motorcycle accidents in that year alone.

Compared with other travelers, Michigan motorcyclists are at much greater risk. A Michigan motorcyclist was the victim in 1 out of every 7 crashes causing death, and 1 out of 28 crashes causing injury.

Accident statistics show that the danger is increasing for Michigan motorcyclists. In the last 10 years, the number of Michigan motorcycle accidents rose by 45%. At the same time, the number of Michigan motorcycle accidents that resulted in death rose by 98%.

These Michigan motorcycle crash facts just begin to show the seriousness of these accidents. Statistics certainly cannot describe the lasting impact of a motorcycle accident on the victims or their families.

What to do After a Motorcycle Accident
After a Michigan motorcycle injury accident, there are important steps you can take to preserve evidence essential to a potential legal claim.

Obviously, if you or other accident victims need emergency medical assistance, ask someone to call an ambulance immediately.

If you can, while you are still at the accident scene, collect the following information:

Get the name, address, and telephone number of the other driver(s) involved in the motorcycle accident.
1. Get the drivers license number(s) and insurance information of the other driver(s), involved in the Michigan motorcycle accident.
2. Get the make, model and year of the other vehicles(s) involved in the Michigan motorcycle accident and check the vehicle registration(s).
3. Take down the name and address of the owner of each vehicle involved in the Michigan motorcycle accident, if a driver does not own that vehicle.
4. If a business vehicle is involved in the Michigan motorcycle accident, write down the name, address, and telephone number of that business.
5. If a leased or rented vehicle is involved in the accident, write down the name, address, and telephone number of the rental company.
6. Give your name, address, drivers license number and insurance information to the other driver(s) involved in the Michigan motorcycle accident.
7. Look around the accident scene to locate all possible witnesses. Ask for their names, addresses, and telephone numbers (home, cell, and work). If the witnesses to the accident do not want to get involved, write down their automobile license plate numbers and the states where the license plates were issued.
8. Listen carefully to comments that the other driver(s) involved in the motorcycle accident, about events leading up to the accident, such as “I didn’t see you,” and write down their comments.

Call the police, or have someone else call them immediately. Generally, the police officer will interview all the drivers and any witnesses at the accident scene.

The police may also collect vital physical evidence and record the location of skid marks, highway signs and markings, and debris from the accident. All this information could be critical to “reconstruction” of the Michigan motorcycle accident, to determine the speed of each vehicle, the point of impact, and the person responsible for the accident.

At the scene, ask the police officer to find out where the other driver was going. If the driver was traveling on a work assignment, you may have legal claims against both the careless driver and his or her employer, for injuries you suffered in the Michigan motorcycle accident.

If you did not go to the emergency room right after the accident, see a doctor as soon as possible. It is very important to get a check-up, because you may not be able to tell how badly you are hurt right after an accident. Be sure to follow all the doctor’s instructions about further medical care, tests, treatment, or restrictions on your activity.

After a serious motorcycle accident, the at-fault driver or his or her insurance company may try to take advantage of an injured victim. To avoid this, follow these guidelines:

• Do NOT get into an argument with the other driver(s) involved in the Michigan motorcycle accident about what happened.
• Do NOT sign any statements or documents about the facts of the accident.
• Do NOT have your bike repaired. Wait until you have an experience Michigan motorcycle accident attorney, who will get your bike photographed and inspected, notify the other driver’s insurance company, and show it the damage to your motorcycle.
• Do NOT answer questions from an insurance company or from an attorney representing the other driver involved in the Michigan motorcycle accident.
• If your own insurance policy requires you to report your Michigan motorcycle accident within a certain time, get an attorney to help you with this as well.

If you or a loved one was seriously injured in a Michigan motorcycle accident, contact an experienced Michigan motorcycle accident lawyer.

Most Michigan motorcyclists use every possible safety precaution. But a motorcyclist hit by a car may not stand a chance. In these collisions, the motorcyclist is at grave risk of severe injury, permanent disability, or even death.

Over 4,000 motorcyclists died in motor vehicle crashes in 2004, according to the National Highway Safety Administration. Another 76,000 motorcyclists were injured in traffic accidents in that year alone.

Motorcyclists who survive automobile crashes often suffer serious injuries that require hospitalization, surgery, and long-term medical treatment. Some victims never regain their ability to work or resume normal family life.

Even if a car accident victim makes a relatively good recovery, the crash takes its toll. The individual may lose time and income from work, need help with household chores, and have to live with lingering pain from car accident injuries. In short, an auto accident can significantly change a motorcyclist’s life — temporarily or even permanently.

Special Legal Issues in Motorcycle-Car Accident Cases
A motorcyclist injured in a Michigan car accident has a special need for help from a highly-qualified car accident attorney. In important ways, the legal claims of a motorcyclist are different — and more complicated — than the claims of an automobile driver, because Michigan law does not consider a motorcycle to be a “motor vehicle.”

Therefore, the most important legal claim available to a motorcyclist who is seriously injured in a Michigan car accident may be a Third-Party lawsuit against the negligent driver and the owner of the automobile involved in the collision. Under Michigan law, the injured motorcyclist may be able to recover damages for non-economic losses, including pain and suffering.

The Michigan car accident victim also may have a First-Party claim for No-Fault benefits, which cover economic damages, including medical costs, wage loss, attendant care, and replacement services. These No-Fault First-Party benefits may be crucial to the economic survival of a motorcyclist injured in a Michigan car accident. The accident victim must claim these benefits within one year.

However, an individual who held legal title to the motorcycle on which he or she was injured, and did not carry the basic liability insurance required by Michigan law, cannot get First-Party Benefits.

If you or a loved one have been seriously injured in a Michigan car accident, contact an experienced car accident lawyer immediately.

We all know that Michigan motorists pay a ton of money for their auto
insurance. Our no-fault system in Michigan is the most generous in the
nation. It has worked well for several decades (since the early
1970s). However, it’s falling apart under its own weight.

The primary culprit with regard to sky rocketing auto insurance rates
are the increasing costs associated with the first party benefits.
These benefits, sometimes referred to as the no-fault benefits or
economic benefits, include unlimited medical coverage (and the related
fee for service reimbursement to medical providers) and reimbursement
for lost wages, attendant care and replacement services. The insurance
industry estimates that twenty years ago first party benefits
accounted for approximately 20% of the premium cost. Today, first
party benefits have doubled to 40% of the premium cost. As medical
costs increase, the cost of auto insurance will increase. Essentially,
Michigan auto insurance companies have become health insurance
companies. Despite the fact that most drivers are already paying for
their own health insurance.

Recently, an unlikely coalition of legislators and special interest
groups including the Michigan Chamber of Commerce, Urban League, Small
Business Association and legislators Virgil Smith (a Democrat) and
Alan Sanborn (a Republican) introduced an effort to reduce auto
insurance rates. Their proposal involves a $50,000 cap on no-fault
benefits. This approach is often referred to as “PIP Choice”. The same
approach that was roundly rejected (by a 30 point margin) in the early
90’s in two state wide voter initiatives. For many reasons, the
specific approach is misguided.

However, an approach that might accomplish the same result - lower
auto insurance rates in Michigan - has support from many important
stakeholders in this debate. This approach seeks to adopt a fee
schedule for medical providers that is identical to the worker’s
compensation fee schedule - a system that already works. Importantly,
this reimbursement approach is more generous than private insurance
(including Blue Cross and all HMOs).

An approach involving fee schedules would accomplish everyone’s
objective - lower auto insurance rates - without cutting off (read -
shifting the responsibility to the state…read - forcing Michigan
taxpayers to pick up the tab) catastrophically injured auto accident
victims when they blow through the $50,000 cap.

Question: At the time of my Michigan motorcycle accident, I did not have insurance on my motorcycle. Can I still sue the driver who hit me?

Answer: Yes. Michigan law treats motorcyclists differently than individuals driving their own cars without insurance. Thus, an injured motorcyclist, who did not have insurance on his or her bike, may bring a lawsuit against the careless driver who caused the Michigan motorcycle accident.

Question: What is Uninsured Motorist Coverage?

Answer: Uninsured Motorist Coverage is an insurance coverage option that may allow you to recover damages from your own insurance policy, when an at-fault driver did not have insurance or cannot be identified (i.e. hit and run driver). It is a wise idea to carry uninsured coverage, to protect yourself in case you are in this situation when you are in a Michigan motorcycle accident.

Question: Is there a difference between uninsured motorist coverage and underinsured motorist coverage?

Answer: Yes. Underinsured coverage provides an additional means of collecting damages, if you are seriously injured in an accident. It is different than uninsured coverage, which is available when there was no identifiable insurance on an at-fault vehicle. For example, if you carried a policy of $100,000 underinsured coverage and the at-fault driver had a $20,000 liability insurance policy, you could seek up to $80,000 in additional damages from your own insurance company. This applies only after your attorney secures a tender offer of the underlying policy of insurance. As you can see, these claims are complicated and must be handled carefully.

An uninsured endorsement on a policy does not necessarily include an underinsured endorsement. Premature acceptance of an underlying policy in full settlement of your Michigan motorcycle accident claim could deprive you of the right to collect uninsured coverage.

Question: The driver who caused the Michigan motorcycle accident did not have insurance. I did not carry uninsured motorist coverage on my motorcycle, but have it in my motorcycle insurance policy. Can I make a claim for damages I suffered in the Michigan motorcycle accident through my motorcycle insurance?

Answer: Maybe. Your eligibility for uninsured coverage may depend on the specific wording of your Michigan motorcycle insurance policy. You should contact a Michigan motorcycle accident lawyer for help determining what your insurance policy covers.

If you or a loved one was seriously injured in a Michigan motorcycle accident, talk with an experienced Michigan motorcycle accident lawyer.

Most motorcyclists use every possible safety precaution. However, a mistake by another driver may be the cause of a motorcycle accident. In that situation, even the most careful and skilled motorcyclist is at risk of life-threatening injury.

In the United States, about 4,000 motorcyclists die on the highways every year. Traffic accidents injure another 67,000 motorcyclists annually in this country. Many survivors of motorcycle crashes suffer serious injuries that require hospitalization, surgery, and long-term medical treatment. Victims often, never fully regain their ability to return to work or resume family responsibilities.

Even if a motorcycle accident victim fully recovers, the accident can take its toll. An individual may lose time and income from work, need help with household chores, and have to cope with the pain of injuries and necessary medical treatments. In short, a serious motorcycle accident can significantly change the victim’s life — temporarily or even permanently. That is why, if you or a family member is involved in a motorcycle accident, you need to protect your rights.

Motorcycle Accidents in Michigan

The facts about Michigan motorcycle accidents are clear. In 2005, the Michigan Office of Highway Safety Planning reported 120 motorcyclists died in crashes. Another 2,660 motorcyclists were injured in accidents in that year alone. Compared with other travelers, motorcyclists are at greater risk. A Michigan motorcyclist was the victim in 1 out of every 7 crashes causing death, and 1 out of 28 crashes causing injury. Statistics show that the danger is increasing. In the last 10 years, the number of Michigan motorcycle accidents rose by 45%. At the same time, the number of Michigan motorcycle accidents that resulted in death rose by 98%. These facts just begin to show the seriousness of these crashes. Statistics certainly cannot describe the lasting impact on the victims or their families.

What to do After a Michigan Motorcycle Accident to Protect your Rights

If you or other accident victims need emergency medical assistance, ask someone to call an ambulance. If you can, while you are still at the accident scene, collect the following information:

• Get the name, address, and telephone number of the other driver(s).
• Get the drivers license number(s) of the other driver(s).
• Get the insurance information of the other driver(s).
• Get the make, model and year of the other vehicles(s) and check the vehicle registration.
• Take down the vehicle owner’s name and address, if the driver does not own that vehicle.
• If it is a business vehicle, write down the name, address, and telephone number of that business.
• If it is leased or rented, write down the name, address, and telephone number of the rental company.
• Give the other driver(s) your name, address, driver’s license number and insurance information.
• Look around the accident scene to locate all possible witnesses to the accident. Ask for their names, addresses, and telephone numbers (home, cell, and work). If the witnesses do not want to get involved, write down their automobile license plate numbers and the states where the license plates were issued.
• Listen carefully to comments that the other driver(s) make about events leading up to the accident, such as "I didn’t see you," and write down their comments.

Call the police, or have someone else call them immediately. Generally, the police officer will interview all the drivers and any witnesses at the accident scene. The police may also collect vital physical evidence and record the location of skid marks, highway signs and markings, and debris from the accident. All this information is critical to "reconstruction" of the accident, to determine the speed of each vehicle, the point of impact, and the person responsible for the accident.

Ask the police officer to find out where the other driver was going. If the driver was traveling on a work assignment, you may have legal claims against both the careless driver and his or her employer. If you did not go to the emergency room right after the accident, see a doctor as soon as possible. It is very important to get a check-up, because you may not be able to tell how badly you are hurt right after an accident. Be sure to follow all the doctor’s instructions about further medical care, tests, treatment, or restrictions on your activity.

After a serious accident, the at-fault driver or his/her insurance company may try to take advantage of an injured victim. To avoid this, follow these guidelines:

• Do NOT get into an argument with the other driver(s) about what happened.
• Do NOT sign any statements or documents about the facts of the accident.
• Do NOT have your bike repaired. Wait until you have an attorney who will get your bike photographed and inspected, notify the other driver’s insurance company, and show it the damage to your motorcycle.
• Do NOT answer questions from an insurance company or from an attorney representing the other driver.
• If your own insurance policy requires you to report your accident within a certain time, get an attorney to help you with this as well.

After an accident, it is essential to consult a Michigan motorcycle accident lawyer immediately. In important ways, the legal claims of a Michigan motorcyclist are different — and more complicated — than the claims of an automobile driver, because Michigan law does not consider a motorcycle to be a "motor vehicle."

Michigan Third Party Claims

The most important legal claim that may be available to an individual who is seriously injured in a Michigan motorcycle accident is a Third Party lawsuit against the driver whose negligence caused the collision. Under Michigan law, you must file this legal action within 3 years of the date of the accident. Your claim would include damages for non-economic loss, including your pain and suffering.

Michigan First Party Claims

The victim of a Michigan motorcycle accident also may have a First Party claim, for No-Fault benefits that cover economic damages, including medical costs, wage loss, attendant care, and replacement services. However, an individual who held legal title to the motorcycle on which he or she was injured, and did not carry the basic liability insurance required by Michigan law, cannot get First Party Benefits. These No-Fault First-Party benefits may be crucial to the economic survival of the injured motorcyclist. Michigan law requires the victim to claim these benefits within one year. To make a proper claim, you first must determine which insurance company is responsible for paying your No-Fault benefits. An attorney can help you through this process, which based on the following legal guidelines:

Michigan Motorcycle Order of Priority for No-Fault Benefits

• 1st priority is to the insurer of the owner of the motor vehicle involved in the accident, if none then…
• 2nd priority is to the insurer of the operator of the motor vehicle involved in the accident, if none then…
• 3rd priority is to the motor vehicle insurer of the operator of the motorcycle involved in the accident, if none then…
• 4th priority is to the motor vehicle insurer of the owner of the motorcycle involved in the accident, if none then…
• 5th priority is to the Assigned Claims Facility.

The Michigan Assigned Claims Facility

The Assigned Claims Facility is the State Agency with the power to assign an insurance company to provide benefits to an injured victim who is not eligible for other No-Fault insurance coverage. To get an application for these Benefits, you can contact the Assigned Claim Facility directly at 517-322-1875.

Road Defect Claims

Some motorcycle accidents are not caused by negligent motorists, but instead result from a roadway defect, due to faulty repair of the pavement. In some cases, an injured motorcyclist can make a claim against the state, county, or local government agency responsible for repairing the roadway. These cases involve complicated legal and factual issues. In addition, the time to file these claims is much less than the time for pursing other legal actions. You need an experienced attorney to handle these complex requirements properly. If you believe that you may have a road defect claim, or if you or a loved one was injured in a Michigan motorcycle accident, talk with an experienced Michigan motorcycle accident lawyer.

According to the National Highway Traffic Safety Administration (NHTSA), fatal Michigan motor vehicle accidents dropped by 4% last year.

This good news appears in NHTSA’s recent preview of the 2006 Traffic Safety Annual Assessment, a comprehensive analysis of highway accidents in the United States.

The total number of auto accident victims has decreased nationally. Between 2005 and 2006, car accident deaths dropped 3.8%, light truck accident deaths dropped 2.4%, but large truck accident deaths rose by 0.1%.

Meanwhile, car accident injuries declined 6.2%, light truck accident injuries declined 1.7%, and large truck accident injuries declined 15%.

Unfortunately, the death rate from drunk driving accidents was essentially unchanged.

The NHTSA preview report included grim news for motorcyclists. The number of people killed in motorcycle accidents rose by 5.1%, while the number of people injured in motorcycle accidents rose by 1.1%. Deaths resulting from motorcycle accidents now account for 11% of all fatal highway accidents.

Later this year, NHTSA will issue its full report on 2006 highway accidents, including more detailed statistics about Michigan motorcycle accidents.

The new Michael Moore movie “Sicko” really hits home, because many of our injured clients also struggle to get access to essential health insurance coverage. In fact, the problems that Michael Moore identified in “Sicko” are just the tip of the iceberg.

At our Michigan personal injury law firm, motorcycle accident victims often come to us after getting the run-around from insurance companies. For example, we have clients who needed expensive medical tests, surgery, and treatment after suffering serious injuries in Michigan motorcycle accidents.

While struggling to recover, some of our motorcycle accident clients ended up hassling with insurance adjustors. The individual’s group health insurance company insisted that medical bills from the Michigan motorcycle accident should be paid by Michigan no-fault auto insurance, while a no-fault auto insurance adjustor claimed that the group health insurance carrier had to pay.

That is where our Michigan motorcycle accident law firm steps in. One of our experienced Michigan motorcycle accident attorneys determines which insurance carrier is legally required to pay, demands payment of our client’s medical bills, and if necessary, files a lawsuit to force the insurance company to meet its responsibility.

Like the people whom Michael Moore featured in “Sicko,” some of our Michigan motorcycle accident clients desperately need essential medical care. We understand, and we are ready to fight for these injured victims’ legal rights.

When you are a young adult, you hope that the whole world is open to you, that everything is possible.

School, work, travel, a family, you name it — nothing can hold you back.

This is just what our client Matt thought — until he was badly hurt in a Michigan auto accident almost two years ago.

Then his life changed in profound ways.

You see, Matt suffered a closed head injury, as well as injuries to his back and legs, as a result of the Michigan auto accident.

Since then, Matt has not been able to find any work that he is able to do.

Before the Michigan car accident, Matt had jobs involving physical labor. Now he cannot do any physical work at all. He also cannot handle a desk job, because the head injury he suffered in the Michigan auto accident left him with significant concentration and memory problems.

It is no wonder that Matt is depressed. He is afraid that he will never be able to support himself or to have a family. Sometimes, he feels that he has nothing to look forward to.

We want to change that — to give this young man a chance for a good life.

Our Michigan car accident lawyers are working hard to help Matt collect damages from the careless driver who caused the Michigan auto accident.

Matt has the legal right to hold that careless driver accountable and our Michigan car accident lawyers are determined to help him do just that.

Imagine going through life with the marks of someone’s careless driving on your face for everyone to see.

This is what happened to Michelle. When she was only 6 years old, she was the victim of a horrible Michigan car accident, caused by a careless driver who lost control of his automobile and smashed into another car. Michelle was an innocent passenger in one of the vehicles.

In the Michigan auto accident, she suffered serious injuries to her face, including deep cuts in her eyelids, nose and scalp, as well as fractures to delicate facial bones. Doctors did surgery to close the wounds and put the bones back into alignment, but they could not erase the damage.

Now, Michelle’s face is covered with scars. When she grows up, she could have more plastic surgery. However, her doctors say that nothing will completely remove the scars caused by this Michigan auto accident.

Not surprisingly, this child has lot of trouble adjusting to the scars on her face, and it could get worse as she enters adolescence. Although most teenage girls become self-conscious about their appearance, the lasting scars of the Michigan car accident are an extraordinary burden for Michelle.

No child should have to experience the trauma of a serious Michigan auto accident. But in this case, Michelle has to remember that terrible car crash every time she looks in the mirror.

At the Law Offices of Sam Bernstein, our experienced Michigan car accident attorneys worked very hard to protect Michelle’s legal rights to compensation for her severe and lasting physical and emotional injuries. She is a special little girl who deserves all the help she can get, for better times ahead.

I want to welcome you to our Michigan Motorcycle Accident Legal Help Center Blog on the important issues related to Michigan motorcycle accidents.

After many years of representing Michigan motorcycle injury victims, we know the impact that a serious motorcycle accident can have on an accident victim’s life. Frequently, a motorcycle accident injury will limit the victim’s ability to work, causing severe financial hardship. This is, of course, on top of huge medical expenses. For Michigan families already living on the financial edge, a motorcycle accident can push them past the tipping point, into bankruptcy and foreclosure.

Even more important is the physical pain and suffering caused by motorcycle accidents. At our Michigan motorcycle accident law firm, we often see catastrophic injuries, including death, from Michigan motorcycle accidents.
A recent national traffic safety study showed that the overall rate of fatal motor vehicle crashes is falling. However, each death - and each injury - is an avoidable tragedy.

In Michigan, we have worked on many motorcycle accident cases and have substantial experience representing our clients and their families through tough times.

This Michigan Motorcycle Accident Legal Help Center Blog is another way for us to help share our point of view on Michigan motorcycle accident related issues. We hope you find it thoughtful and helpful.