Michigan Motorcycle Accident Lawyer

Michigan Motorcycle Accident Lawyer

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Motorcycles are popular throughout the state, and while most riders are able to reach their destinations safely, it is vital for every rider of every experience level to know and understand the risks they face on the road. If you or a loved one has been seriously injured in a motorcycle accident, it is vital that you consult an experienced Southfield, MI, motorcycle accident attorney as quickly as possible to discuss your legal options.

Understanding Risks and Legal Protection for Michigan Motorcyclists

Are you looking for a Michigan motorcycle accident lawyer? Wigod & Falzon have years of professional experience representing vehicle accident victims in their recovery efforts. When it comes to filing an auto insurance claim and/or building a personal injury case for a motorcycle accident, it is crucial that you have legal counsel you trust to guide you through these potentially difficult proceedings.

Motorcycle accidents are often severe because of riders’ lack of protection compared to drivers of enclosed vehicles. Distracted driving is increasing. Activities like texting while driving have increased the risks for motorcycle riders on the road.

Besides distracted drivers, several other factors increase the risk of serious motorcycle accidents. These include reckless or negligent driving, dangerous road conditions, and faulty motorcycle equipment. While motorcyclists face the same risks on the road that other drivers face, their danger is compounded by the lack of protection and visibility their smaller vehicles provide compared to other drivers’ vehicles.

Riders must be aware of the motorcycle insurance requirements in Michigan. Also, it’s crucial to have proper legal representation in case of an accident. Recovering from a motorcycle accident in Southfield will require different steps than you could expect after any other vehicle accident, particularly when it comes to insurance. Your Southfield, MI, motorcycle accident attorney can be an invaluable asset in helping you navigate these proceedings.

Understanding Michigan Motorcycle Insurance

Most drivers are required to have no-fault auto insurance and file claims against their own policies after accidents happen. The Michigan No-Fault insurance law does not cover motorcycles in Michigan. Because of this, there are important factors that motorcyclists need to understand about Michigan motorcycle insurance and their rights. Primarily, they need to be prepared to prove fault if someone else caused their accident.

1. Michigan requires motorcyclists to have only Personal Liability and Property Damage (PLPD) insurance coverage. This protects other persons from the motorcyclist’s negligent acts.
2. If a vehicle hits a motorcyclist with PLPD coverage, the motorcyclist will receive Michigan No-Fault insurance benefits. These benefits include medical coverage up to the limit of the truck or car’s policy. If a motorcyclist is hit by an uninsured driver, Michigan arranges No-Fault benefits for them through an insurance company.
3. If a negligent car or truck driver injures a motorcyclist, the motorcyclist can seek compensation from the driver or owner, regardless of having PLPD insurance.

Motorcyclists can face criminal penalties if they do not have PLPD insurance. Also, they are unable to sue a negligent driver of an automobile or truck in the event of an accident. It is crucial for all motorcyclists in Southfield to understand their obligations when it comes to obtaining appropriate insurance coverage. They must also know how this insurance works after an accident and the importance of establishing fault.

Because the state’s no-fault insurance law specifically excludes motorcycles, motorcyclists are unable to purchase the same type of no-fault auto insurance that drivers of other vehicles may purchase. A motorcyclist is required to purchase the minimum liability coverage that will protect them against liability for any damages they cause to others through the use of their motorcycle. They will have the option of purchasing optional medical benefits coverage through their policy.

If the motorcyclist is injured in an accident and no other insurance coverage is available, this coverage option will apply and can provide coverage in increments of $5,000. Every motorcyclist must understand what their purchased coverage will actually provide if they intend to file a claim for medical expense coverage. Additionally, motorcyclists are required to carry at least $20,000 of medical benefits coverage if they ride without a helmet.

When a motorcycle accident happens because of an insured driver’s actions, the state Catastrophic Claims Association (MCCA) can assess the motorcycle accident claim. All insurance carriers that offer motorcycle accident coverage are required to register with the MCCA and pay into the fund that covers medical expenses for motorcyclists injured in accidents with insured motor vehicles.

An experienced personal injury attorney can assist riders in understanding their insurance coverage and protect their rights. Navigating the insurance claim filing process is generally just the first step in recovering from a serious motorcycle accident in the state. Proving fault may be crucial to ensuring a full recovery, and the injured rider is likely to have medical issues and personal concerns that will make dealing with their legal affairs more challenging.

Building a Personal Injury Case for a Motorcycle Accident in Southfield

While the no-fault insurance requirement caused their accident, it is not necessarily true. Under certain conditions, state law allows an injured rider to file a personal injury suit against the party responsible for causing the accident. If an accident caused a catastrophic injury, the victim is likely eligible to pursue a personal injury claim.

The objective of any personal injury claim is for the injured victim to recover compensation from the party who caused their damages. The plaintiff’s success with the claim will hinge on their ability to identify the party or parties who caused their damages and to prove that their actions directly caused the damages cited in the case. An experienced Southfield, MI, motorcycle accident attorney can be an invaluable asset for filing this type of case.

When a personal injury happens because of an act of negligence, the plaintiff must prove that the defendant breached a duty of care they held in the situation. For example, every driver has a duty of care to operate their vehicle attentively. Using a cell phone behind the wheel or any other type of distracted driving would be a clear breach of this duty of care. Next, the plaintiff must prove the defendant’s breach of duty directly caused their damages.

This means establishing causation, meaning the plaintiff only suffered damages because of the defendant’s actions, and the standard of proof in a personal injury suit is a preponderance of the evidence. Your Southfield, MI, motorcycle accident attorney can explain how this standard of proof applies to your case and how you can meet it to establish liability for your damages.

Proving Liability for a Motorcycle Accident in Southfield

Regardless of whether you expect to be able to recover fully through an auto insurance claim or you intend to build a personal injury claim against another driver in response to your motorcycle accident, proving exactly how the accident happened will be vital to your recovery. If you suffered serious injuries, a Southfield, MI, motorcycle accident attorney can help gather the evidence you will need to build your claim.

If you are able to get up and move around safely after an accident, taking photos of the scene of the crash immediately after it happened could be crucial to your success with a subsequent personal injury suit. You should take photos of your injuries, the damage to your vehicle, and the positions of the vehicles involved in the crash. It is also vital to call 911 to report the accident under state law.

If anyone saw your accident happen, witness testimony can be crucial to any vehicle accident claim. It is important to secure witness statements as quickly as possible while their memory is fresh, as human memory is fallible and reliability fades with time. Physical evidence from the scene of the crash, such as tire marks on the road and photos of the immediate aftermath of the accident, can also prove invaluable to your case.

An experienced attorney can also help their client secure various forms of digital evidence to help them build their case. For example, a vehicle’s computer data can show the speed of a vehicle at the moment before an accident and log specific event times. Cell phone data could show that a driver was distracted at the moment before their accident. Traffic camera footage, when available, can potentially show exactly how an accident occurred.

The average person may be unable to secure this evidence on their own, especially if they are struggling with severe injuries. Working with a seasoned Southfield, MI, motorcycle accident attorney can significantly increase your chances of reaching a positive outcome for your case, as your attorney can gather evidence and build your claim while you focus on your recovery with peace of mind.

Claiming Compensation in a Personal Injury Suit

The goal of your personal injury suit in Southfield is to hold a defendant accountable for the harm they have caused and to secure compensation for your damages. If you are unsure what damages you can potentially recover from a successful personal injury claim, it will be crucial to work with a seasoned attorney who can explain this aspect of your case. You must not only accurately assess your damages but also prove the defendant directly caused them.

Your auto insurance claim following your accident may yield some valuable compensation for your damages, but any losses you cannot recover through auto insurance must be claimed with a personal injury suit if you meet the criteria for filing such a claim. Damages in your personal injury case will be either economic or non-economic in nature, and it is vital to understand these distinctions.

Economic damages include direct financial losses you suffered that insurance won’t cover. For some injured plaintiffs, economic damages may include medical expenses and future medical treatment costs not covered by insurance, lost income, and lost earning capacity if their injuries have left them permanently unable to work. If your accident caused a permanent disability, an attorney may help you recover compensation for future income you can no longer earn.

Non-economic damages are more difficult to define as these include subjective and intangible losses such as physical pain, emotional distress, psychological trauma, and diminished enjoyment of life resulting from a personal injury. Michigan law does not cap or limit pain and suffering compensation in most personal injury cases, so this could form the bulk of your case award if you suffered a serious injury.

Shared Liability in a Motorcycle Accident Case

If you intend to pursue any type of personal injury case in the state and you suspect that you bear partial liability for the resulting damages, it is vital to know how Michigan’s unique modified comparative negligence rule could influence the outcome of your case. While many other states uphold similar modified comparative fault statutes, the state includes some unique provisions that every potential plaintiff must understand.

If a plaintiff is found partially liable for their damages in a civil suit, they will have a fault percentage assigned to them. Whatever this percentage is, it will be the percentage of their case award they will lose to reflect their shared liability. For example, a 10% fault in a $200,000 claim would mean the plaintiff loses $20,000 of their case award as a penalty. Where this law differs from other states is the 50% plaintiff fault threshold.

If a plaintiff is found more than 50% at fault, they can still claim economic damages from the defendant and will face the same penalty as previously stated. However, they cannot claim compensation for non-economic damages with a fault greater than 50%. The penalty applies to their economic damages, and they cannot recover non-economic damages at all, which greatly reduces their potential case award.

Following the previous example, if the $200,000 in damages included $100,000 for economic damages and $100,000 in non-economic damages, and the plaintiff bears 60% fault, the fault penalty would apply to the economic damages only, and the plaintiff cannot seek compensation for their non-economic damages. This means they would only receive $40,000 for their economic damages and would be prohibited from recovering any compensation for non-economic damages.

This is just one example of how a motorcycle accident claim could become a complicated legal battle and why it is so important to have an experienced attorney representing you. Motorcycle accidents tend to result in far worse injuries than standard passenger vehicle crashes, so it is imperative that an injured victim knows how to maximize their total recovery through all available channels of legal recourse.

Michigan Motorcycle Accident Attorney

If you’re in a motorcycle accident in Michigan, it’s important to have a skilled lawyer with you. Michigan’s complex insurance laws and the serious nature of motorcycle accidents require an attorney who knows these unique challenges. Even if you think you understand the process of recovering your damages, it is possible to encounter various unexpected complications you may not be able to resolve on your own.

A skilled personal injury lawyer in Michigan can help navigate you through the legal system, fight for your rights, and help you get the compensation you deserve. While insurance companies are legally required to process claims for damages in good faith, many insurance companies attempt to take advantage of injured claimants, hoping that in their desperation, they will accept any lowball offer the insurance company sends.

Don’t let insurance companies take advantage of you in the aftermath of a motorcycle accident. Instead, turn to a trusted and knowledgeable personal injury attorney to represent your interests and protect your rights. They can help build a comprehensive insurance claim, file the claim in a timely manner, and resolve any issues you encounter with an insurance company’s handling of the claim.

Not only do the Southfield personal injury attorneys of Wigod & Falzon have the knowledge and experience in representing motorcyclists, but two of our senior attorneys, Lawrence Falzon and Richard Brewer, are avid motorcyclists and have each logged thousands of miles riding! This means that when you choose Wigod & Falzon to represent you in a motorcycle accident case, your attorney can personally relate to your experience.

If you have been injured on a motorcycle, don’t hesitate to contact us today for a free, no-commitment consultation.

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At Wigod & Falzon, our attorneys have the knowledge, experience, and commitment so you feel confident in your pursuit of justice. We are here to support you every step of the way and will work tirelessly to get you the compensation you deserve so you can move on with your life.

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There are no fees to start your case, and we only get paid when you receive your settlement check. Our firm accepts personal injury cases on a contingency fee basis, meaning our client only pays a percentage of their case award as our fee if and when we win their case. This ensures that your legal fees do not amount to more than the amount recovered for your damages, and you pay nothing if your attorney is unable to secure compensation for you.

Do not attempt to handle your recovery alone. You are more likely to succeed with your recovery efforts and more likely to maximize your total compensation when you have an experienced attorney representing you. Let the personal injury attorneys of Wigod & Falzon fight for your rights. Reach out to us for a free, no-commitment consultation today.

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