Motorcycle Accident Lawyer in Clare, Michigan
If you have a motorcycle accident in Michigan, hiring an attorney may be in your best interest. Michigan no-fault insurance laws are confusing and complex, especially for motorcyclists. At Jay Trucks & Associates, PC, we have decades of experience representing injured victims in Clare and throughout the state of Michigan and a proven history of recovering millions in compensation on behalf of our clients.
These results include a $620,000 recovery for a motorcycle accident victim and his wife who both suffered serious injuries in a crash and a $490,000 recovery for a carpenter’s apprentice who suffered multiple injuries in a crash.
Our qualified Clare motorcycle accident lawyers are experienced Michigan personal injury attorneys. We offer a free consultation to help determine whether your case has merit. If you choose to hire our law firm to represent you, there are no upfront fees. We do not collect any payment unless we first obtain compensation for you.
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I would recommend Jay Trucks & Associates, PC to anybody that needed help like I did…
M. Murray
Jay Trucks & Associates, PC
Am I Eligible For Compensation for Damages?
It can be difficult to determine whether you may have a valid motorcycle accident injury case without understanding the unique circumstances of your accident and the insurance coverage you and the at-fault driver carry. Michigan has a complicated no-fault insurance system, and since it does not recognize or classify motorcycles as motor vehicles, no-fault insurance benefits may not apply.
Our Clare motorcycle accident attorneys have extensive knowledge of Michigan’s No-Fault Auto Insurance Reform Law and how it may affect your potential accident claim. We are prepared to determine what compensation you may be eligible to pursue for your damages.
What Is The Value of My Motorcycle Accident Case?
The full value of any motorcycle accident varies from case to case and is dependent on many factors, including the type and extent of your injuries, estimated time for a full recovery, and other property damages you may have sustained related to the crash. However, if you have a valid case, you may be able to pursue compensation for:
- Reasonable medical bills
- Prescription costs
- Loss of income
- Loss of future earning capacity
- Damages to your property
- Funeral or burial costs
- Medical equipment costs
- Housing modifications if you were disabled
If you were injured in an accident caused by another motorcycle or motor vehicle, it is important that you contact a knowledgeable Clare motorcycle accident attorney as soon as possible. At Jay Trucks & Associates, PC, we have extensive knowledge of Michigan state laws and how to navigate insurance claims for motorcycle accident victims.
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How a Michigan Motorcycle Accident Lawyer May Help
A qualified motorcycle lawyer can work to protect your legal interests throughout the process. Attorneys in our law firm have decades of combined experience building cases for motorcycle accident victims. Our support staff, comprised of investigators, paralegals, and others, is prepared to gather evidence and pursue maximum compensation.
When you hire one of our personal injury lawyers, you are hiring a Clare motorcycle accident lawyer with a proven track record of recovering millions in compensation for injured victims. We are well-versed in Michigan laws, including the new insurance laws that went into effect beginning July 1, 2020. We are prepared to fully handle your case, including all communications with the insurance companies and any other third parties involved in the accident. If necessary, we are prepared to go to court to pursue full compensation.
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Filing an Insurance Claim After a Michigan Motorcycle Accident
On July 1, 2020, big changes were made to Michigan’s already complicated insurance laws. Previously, motorcyclists injured by another motor vehicle were covered by that driver’s unlimited PIP benefits.
However, the new Auto Insurance Reform Law no longer requires motorists to purchase unlimited PIP benefits coverage. There are various levels of coverage available, including the ability to opt out altogether if the driver has a qualifying healthcare plan.
Under the new law, motor vehicle drivers can choose different levels of PIP coverage:
- $50,000 for those enrolled in Medicaid
- $250,000
- $500,000
- Unlimited PIP coverage
There is also an option to have no PIP coverage if you are enrolled in Medicare.
Since Michigan law does not recognize motorcycles as motor vehicles, it is important to understand your medical benefit options if you are in an accident, whether another motor vehicle is involved or not.
No-Fault Benefits for Motorcycle Crash Victims
Under Michigan law, if an accident with a motor vehicle caused a motorcyclist injuries, he or she can seek no-fault benefits (medical bills, lost wages) in the following order:
- The insurance of the registered owner of the motor vehicle involved in the crash
- The insurance policy of the vehicle operator, if he or she is not the registered owner
- The insurance company of the motorcycle operator’s motor vehicle
- The insurance company of the motorcycle owner’s motor vehicle, if the owner is different than the operator
Medical Benefits for Motorcyclists
Motorcyclists are not eligible to purchase no-fault PIP benefits. However, they may purchase medical benefits in increments of $5,000 up to the coverage limits offered by their insurance provider.
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What if the Other Driver Is Uninsured or Has Too Little Coverage?
This is a complex type of claim that should be discussed with a licensed attorney. You may be able to obtain compensation from your medical benefits coverage provided you purchased it. You may also be able to obtain compensation from your uninsured/underinsured motorist coverage, which kicks in if the other driver does not have insurance or his or her coverage is less than the value of your damages.
Can an Injured Passenger File A Claim in Michigan?
Yes. Injured passengers should have access to the same benefits and coverage as the motorcycle operator. However, if there is insufficient coverage, the injured passenger may also be able to turn to his or her own insurance coverage.
Do I Still Have a Case if I Was Not Wearing a Helmet?
The short answer is “yes,” you may still be able to pursue compensation. However, insurance companies and juries may reduce the value of your claim if the evidence is presented showing that not wearing a helmet made your injuries worse than they would have been. This is because of Michigan’s comparative fault law, you cannot seek compensation from an at-fault party if you are more at fault than they are.
Historically Michigan has always required motorcyclists to wear helmets, which has helped reduce fatalities for motorcycle riders involved in road accidents. The new law no longer requires all motorcyclists to wear helmets. However, if you choose to ride without the protection of a helmet, the law requires you to purchase a minimum of $20,000 in insurance coverage.
In Michigan, motorcycle operators and passengers under 21 years old must wear a helmet. Riders and passengers who are over 21 are allowed to ride without a helmet under certain circumstances. To qualify for riding without a helmet in Michigan, you must:
- Be 21 years of age or older
- Pass a motorcycle safety course
- Meet the additional insurance requirements for riding without a helmet
Failing to wear a helmet without meeting state requirements can result in being issued a ticket and being assessed other fines or penalties.
What Are No-Contact Accidents?
If a motorcyclist loses control of their bike and crashes but there is no contact with another motor vehicle, it is considered a no-contact accident. Sometimes, a third-party manufacturer may be at fault if there was some type of mechanical issue. However, a government agency may also be liable if a hazardous road condition caused the motorcycle rider to crash.
In this type of situation, the burden is on the injured victim to prove liability for the cause of the accident. Our licensed attorneys are prepared to thoroughly investigate the cause of the accident and determine who may be liable for damages.
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Establishing Negligence in a Motorcycle Accident Case
If you are filing a claim for compensation for your motorcycle crash-related injuries, you will need to establish negligence on the part of the other motorist. Negligence is established based on four elements:
- Duty of care – the at-fault party was legally obligated to take reasonable steps to protect others from harm. For example, motorists must obey traffic laws.
- Duty of care was breached – the at-fault party failed to uphold their duty of care. For example, motorists who speed excessively are breaching their duty of care.
- Casual link – there is a direct link between the breached duty (speeding) and the injury or death suffered.
- Damages – evidence that the injury or death resulted in damages, such as medical bills, lost income due to the injury, and pain and suffering.
An experienced motorcycle lawyer can help establish whether the at-fault party’s negligence caused your injuries.
Michigan Personal Injury Statue of Limitations
Like most states, Michigan has a strict filing deadline if you intend to pursue compensation for damages following an accident. This deadline, legally referred to as the statute of limitations, is three years from the date of your accident—or three years from the date of death if you are pursuing a wrongful death claim for a loved one.
However, there may be exceptions that require you to file significantly sooner. If you miss the deadline, the court is likely to dismiss your case and bar you from pursuing any compensation for your injuries through a lawsuit.
We recommend contacting an attorney as soon after your accident as possible to allow him or her adequate time to investigate your accident and pursue all possible sources of compensation on your behalf.
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Common Reasons for Motorcycle Accidents
A motorcycle rider’s or another driver’s negligence is often the cause of motorcycle accidents. Some of the most common causes of these accidents are:
- Sudden, unexpected stops
- Aggressive driving, such as tailgating
- Colliding with open car doors
- Sideswiping motor vehicle side view mirrors when traveling between lanes
- Lane splitting
- Failing to yield to oncoming traffic when turning left
- Poor road conditions
- Mechanical malfunction or defect
- Driving impaired or under the influence
- Neglecting to use turn signal indicators
- Driving distracted
Common Types of Motorcycle Injuries
Motorcycle riders are more vulnerable to serious injuries in any type of crash, and a collision with another motor vehicle may often result in serious, life-altering injuries and/or death. Some of the most common types of motorcycle accident injuries are:
- Road rash
- Traumatic brain injuries
- Multiple fractures
- Third-degree burns
- Loss of limbs
- Disfigurement or scarring
- Temporary or permanent disability
- Death
If you or a loved one suffered injuries after being involved in a motorcycle accident, we invite you to contact a motorcycle lawyer in our law offices today.
Clare Car Accident Lawyers FAQs
When a motorcycle and vehicle collide, it is more likely to be the fault of the car or truck driver. According to the National Highway Traffic Safety Administration (NHTSA), multi-vehicle accidents involving motorcycles often happen because the driver of the vehicle didn’t notice the motorcycle.
If you’ve been involved in a motorcycle crash, you should seek medical attention as soon as possible. Even injuries that appear minor could worsen in the hours and days after your accident. If you ultimately file a claim seeking damages for your injuries, you will want them documented by a medical professional.
You will also want to gather evidence of the accident. This includes taking photos of the accident scene, damages to your motorcycle and the other vehicles, any road hazards that may have contributed to the accident, and your injuries.
You will also want to contact your motorcycle or auto insurance company to see what type of coverage you have. You may also want to contact an attorney. Injury victims who have an attorney are more likely to recover more compensation than those who are not represented.
Negligence is proven by establishing four elements—the at-fault driver had a duty of care to protect others from harm; the at-fault driver breached that duty of care; by breaching that duty of care, the at-fault driver caused the accident that injured you; and there were damages sustained as a result of those injuries, such as medical bills. An experienced motorcycle lawyer can help you establish negligence if you’ve been injured in a motorcycle crash.
The most common type of motorcycle crash is from a car or truck making a left-hand turn in front of you. These types of vehicle-motorcycle crashes account for 42% of all motorcycle crashes.
Michigan law is somewhat complicated when it comes to motorcycle accidents involving another vehicle. Motorcycle riders injured in an accident with another vehicle can seek benefits such as medical bills and lost wages through an insurance company in this order:
- The insurance of the registered owner of the motor vehicle involved in the crash
- The insurance policy of the vehicle operator, if he or she is not the registered owner
- The insurance company of the motorcycle operator’s motor vehicle
- The insurance company of the motorcycle owner’s motor vehicle, if the owner is different than the operator
- If there are no insurers available from the above entities, you may be eligible to file a claim with the Michigan Assigned Claims Plan
Depending on the circumstances surrounding your accident and the extent of your injuries, you may be able to recover compensation for medical bills, loss of income, loss of future earning capacity, property damage, medical equipment, and housing modifications if you were disabled. An experienced motorcycle lawyer can help determine the extent of yoru damages and the value of your claim.
Zero Upfront Fees; Free Initial Consultation
(989) 601-2554
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Contact A Clare Motorcycle Accident Attorney Today
At Jay Trucks & Associates, PC, we have seen firsthand the devastation and financial stress that can occur following a motorcycle accident and we are prepared to help.
We are available to take your call 24/7, day or night, to schedule your completely free initial consultation with a qualified member of our legal team. Our trusted Clare motorcycle accident attorneys will discuss the details of your accident and potential legal options.
Do not delay, as we need time to fully investigate the cause of your crash, gather supportive evidence and build a strong argument on your behalf. If you have a case, we are dedicated to helping you obtain the maximum compensation for your damages. Firm founder, Jay F. Trucks is an active member of both the Michigan Trial Lawyers Association and the American Trial Lawyers Association. Contact our motorcycle lawyer today.
(989) 601-2554
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