Motorcycle crashes can be some of the most devastating types of motor vehicle accidents. As there is little to no protection around the rider, the potential to suffer serious to fatal injuries in a collision is greatly increased when compared to other types of motor vehicles.
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As many motorcycle accidents are the result of negligence, it is wise to have an experienced Flint motorcycle accident attorney from our law firm review your claim for free.
Our team of legal professionals have detailed knowledge of the laws that are often applicable in motorcycle accident cases and we have a proven record of obtaining significant compensation for crash victims including a $625,000 recovery for a 25 year old GM worker and his receptionist wife that both suffered serious injuries in a crash and a $490,000 recovery for a carpenters apprentice that sustained broken bones and other serious injuries after crashing his motorcycle.
Our lawyers also understand that motorcycle accidents can be life-altering, especially when the victim's family is dependent on the rider's income. Mounting medical bills in addition to lost income can have a devastating effect on a family’s finances, which is why our lawyers are here to help pursue the maximum compensation that may be available.
To schedule a free consultation with a Flint motorcycle accident attorney at Jay Trucks and Associates, you can call (800) 762-8623 anytime 24/7 or you can fill out a free online form and someone will contact you soon after. There are no upfront fees and we are not paid unless our clients are paid first.
Our firm is here to help. Ph: (800) 762-8623.
Eligibility for a Motorcycle Accident Claim
To determine your eligibility for compensation in a motorcycle accident claim, our attorneys will need to review some important information during a complimentary review of your claim. This includes your injuries and the contributing factors of your accident.
Most motorcycle accident claims are resolved through an insurance settlement, but Michigan’s no-fault insurance system can be very complicated, especially because motorcycles are not classified as motor vehicles.
In a motorcycle accident lawsuit, our Flint motorcycle accident lawyers would need to prove the four elements of negligence:
- Duty of care was owed – The defendant was obligated to uphold a duty of care to the plaintiff. An example of this would be a duty to look out for motorcycles when changing lanes.
- Duty of care was breached – When the defendant fails to uphold the duty of care, it may result in an injury. Failing to look for motorcycles when changing lanes may be considered a breached duty of care.
- Causation exists – You must prove the accident would not have occurred if the defendant upheld the duty of care.
- Damages were caused – You must prove there were damages (medical bills, lost income from missing work, property damage, etc.).
If you are unsure about your eligibility to file a claim, contact our firm to schedule your free case review.
Call Jay Trucks and Associates. Ph: (800) 762-8623.
How Much Compensation Can I Pursue?
It can be difficult to determine how much compensation you could qualify for without an experienced lawyer investigating the details of your claim.
Some of the damages you might qualify for include:
- Medical expenses – You may be able to claim current and future medical bills for things like doctor’s visits, surgery, ambulance trips, rehabilitation, physical therapy, prescription medications, etc.
- Lost income – If you were too injured to work after your motorcycle accident, you may be able to recover lost wages. If you cannot return to work in the same capacity as before the accident you may be eligible for lost future income. If you lost a loved one who was supporting the family financially, the surviving family members may qualify to receive compensation for lost financial support.
- Pain and suffering – Serious motorcycle accidents can sometimes cause excruciating physical pain and mental suffering (anxiety, post-traumatic stress, etc.).
If you have a case, our Flint motorcycle accident lawyers are available to assist you in obtaining documentation of the damages you suffered.
How Much Time do I Have to File a Claim?
There are usually deadlines for filing insurance claims after motor vehicle accidents. It is important to contact a lawyer as soon as possible so he or she can get the process started on your behalf. If you miss the deadline, you may lose the right to pursue insurance compensation.
Sometimes it may be necessary to file a lawsuit to pursue maximum compensation for a motorcycle accident injury. These claims are governed by Michigan’s personal injury statute of limitations. The deadline set by this law is three years from the date of the accident. If you submit your claim after the due date, it may be tossed out of court.
This deadline may be shortened or extended, depending on the circumstances of your crash, so it is important to discuss the situation with a licensed attorney.
Insurance Compensation for Motorcycle Crash Victims
Michigan law does not include motorcycles under the definition of motor vehicles. That means motorcyclists are not required to purchase no-fault coverage like drivers.
However, you may still be able to recover compensation from the no-fault coverage of the other driver or drivers involved in the collision. Michigan has a specific order for seeking no-fault benefits after a motorcycle accident:
- The other driver’s insurance, if he or she is the registered owner of the vehicle or simply the one operating vehicle
- Your no-fault policy on another motor vehicle
- Filing a claim with the Michigan Assigned Claims Plan – there is a $250,000 coverage limit as of June 11, 2019
If you file a claim with your personal injury protection (PIP) coverage on another vehicle or the PIP coverage of the at-fault driver, there are some changes to PIP coverage limits you need to know about.
For any policies purchased before July 1, 2020, PIP provides unlimited coverage of medical expenses, along with 85 percent of lost wages. As of July 1, 2020, drivers no longer need to purchase unlimited PIP coverage. Drivers can choose between unlimited coverage or a $250,000 or $500,000 limit to coverage.
Another option for pursuing coverage of medical bills is to file a claim for medical benefits coverage. Motorcyclists can purchase this coverage in $5,000 increments up to the limits set by the insurance company providing the policy.
Have questions about insurance coverage for motorcycle crash victims? Call (800) 762-8623.
What if the At-Fault Driver Does Not Have Sufficient Insurance?
You may be able to file a claim with your uninsured/underinsured motorist coverage, if you purchased it. These claims can be quite complicated and should be discussed with a licensed attorney. At Jay Trucks and Associates, we are committed to pursuing maximum compensation.
Can I Still be Compensated if I Was Not Wearing a Helmet?
If you or a loved one was injured or killed in a motorcycle accident while not wearing a helmet, we urge you to contact a licensed Flint motorcycle accident attorney for a free review of your claim. You may still be eligible for compensation, but the value of your case may be lowered because of our state’s comparative fault law.
The law says you can seek compensation from any parties more at fault for the accident than you, but your compensation will be reduced by your percent of fault. The other side will likely claim your injuries were made worse by not wearing a helmet. Our experienced attorneys are prepared to counter these assertions.
What is the Law on Motorcycle Helmets in Michigan?
For a motorcycle rider to legally not wear a helmet in the state of Michigan, he or she must:
- Be at least 21 years of age
- Have at least $20,000 in first-party medical insurance coverage
- Have possessed a motorcycle license for at least two years or have passed an approved motorcycle safety class.
Michigan law also allows for passengers on a motorcycle to not wear a helmet, but they:
- Must be at least 21 years of age
- Must have at least $20,000 in first-party medical insurance coverage, in addition to the driver’s insurance requirements mentioned above
If you would like a free review of your case, call (800) 762-8623 to speak to the Flint motorcycle accident lawyers at Jay Trucks & Associates.
What if There Was No Other Driver Involved?
Sometimes motorcycle accidents can be caused by mechanical issues, poor weather conditions, or a simple pothole or bump in the road. When you get injured in a motorcycle due to something other than the negligence of another driver, you may still be able to recover compensation for your injuries, lost income and property damage.
Our attorneys understand how to prove an accident may have been caused by poor road conditions that resulted from a government entity’s negligence.
What are Some Reasons for Motorcycle Accidents?
Most motorcycle accidents are caused by the negligent acts of another driver:
- Driving beyond the speed limit
- Following too closely
- Failing to check blind spots before switching lanes
- Driving while intoxicated or on drugs
- Distracted driving, such as texting, eating or using a GPS device
- Driving recklessly
- Failing to yield the right-of-way
- Driving through red lights and stop signs
Since motorcycles are much smaller vehicles when compared to a car, it may be difficult for other drivers to notice them on the road. However, this is no excuse for crashing into a motorcycle rider.
Reach Out to a Flint Motorcycle Lawyer Today
We understand that motorcycle accidents can sometimes put a physical, emotional and financial burden on injury victims and their families. Let our team of legal professionals help guide you through every step of the claim process.
With over 150 years of combined legal experience, the lawyers at Jay Trucks and Associates know what it takes to properly investigate and assess the widespread damages that sometimes result from a serious motorcycle accident. Our founder, Jay Trucks, started this firm to help level the playing field for Michigan residents after an accident caused by another driver’s negligence.
Give us a call today and take advantage of our free case evaluation. There are no upfront fees for our services and no obligation to take legal action so there is no risk to you.
Schedule a free legal consultation. Ph: (800) 762-8623.