Whether cruising I-75 or heading to work down Telegraph Road, riding your motorcycle can instantly turn hazardous or deadly. All it takes is one small mistake by another driver to jeopardize your well-being. Then, you might have lifelong injuries.
Someone else’s carelessness may have even been responsible for your loved one’s death. When you or a loved one suffered injuries in a motorcycle accident that was someone else’s fault, you may be entitled to substantial financial compensation. First, you need to go through a legal process.
The way to begin the legal process is to contact a Bloomfield Hills motorcycle accident lawyer. Michigan Injury Lawyers are standing by, ready to help you when you need us. First, you need to contact us to schedule your free initial consultation. It is a call that you cannot afford to delay.
Our law firm has successfully obtained favorable settlements and awards for many satisfied clients. When you need assistance following a motorcycle crash in the Bloomfield Hills area, you want our legal team on your side. Case evaluations are always free with no obligation, so please learn more about how our motorcycle accident attorneys can help.
- Motorcyclists Can Suffer Serious Injuries in an Accident
- Why Motorcycle Accident Fatalities Are Increasing
- What Are Some Common Motorcycle Accident Injuries?
- Michigan Drivers Owe a Duty of Care to Motorcyclists
- Insurance Companies May Blame You
- Michigan Injury Lawyers Will Stand up for You
- Other Possible Defendants in a Motorcycle Accident Lawsuit
- How Much Is Your Motorcycle Accident Case Worth?
- How We Value Your Motorcycle Accident Case
- Why You Need a Motorcycle Accident Attorney
- Contact a Bloomfield Hills Motorcycle Accident Lawyer
Motorcyclists Can Suffer Serious Injuries in an Accident
Generally, a motorcyclist is 28 times more likely to die in an accident than a driver.
Fatality numbers paint a frightening portrait of motorcyclist safety in Michigan. Decades ago, 32 people died in a year in motorcycle crashes. By last year, that number had risen more than five-fold to 166. Is this a yearly Michigan statistic? Doesn’t make sense.
The fatality numbers have steadily risen each year with little respite. The crashes that are happening are more serious, and motorcyclists are suffering more severe injuries. Motorcycle accident fatalities are rising at double the rate of car accident fatalities.
Why Motorcycle Accident Fatalities Are Increasing
While many will blame the increase in fatalities on state legislatures repealing mandatory helmet laws, that does not tell the entire story. In general, Michigan drivers have been getting worse over the past decade.
Many other factors cause serious motorcycle crashes, including:
- Reckless driving has surged, especially since the start of the pandemic (and drivers maintained their riskier habits, even when motorists returned to the roads)
- Distracted driving means motorists do not take the time to see motorcyclists in their blindspots and in front of them.
- Deteriorating Michigan roads that increase road hazards for motorcyclists.
What Are Some Common Motorcycle Accident Injuries?
There is little chance that a motorcyclist will emerge from an accident without any physical injuries. They travel on a bike, often at high speeds, with little to nothing to protect them from impact. Even when they have a helmet and the latest safety gear, nothing can shield them from a crash or when they hit the pavement. They may feel the brunt of the impact of the crash.
Common motorcycle accident injuries include:
- Broken bones and fractures
- Cuts and lacerations
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Road rash (when a part of your body skids along the pavement)
- Crush injuries
- Internal injuries
- Organ damage
Motorcycle accident injuries can require extensive medical treatment and rehabilitation. Many people are never the same after a motorcycle accident, as they can suffer permanent injuries.
Michigan Drivers Owe a Duty of Care to Motorcyclists
Under Michigan law, motorcyclists have the same rights and responsibilities as any other motorist on the road. Bikers have the right to an entire lane and traffic space. Drivers owe the motorcyclist a duty of care. It does not matter that the motorcyclist is not at eye level with other drivers. Motorists must see all vehicles in traffic, including motorcyclists.
In a motorcycle accident case, you must prove that the driver was to blame for the crash to receive financial compensation. The legal standard that you must meet is proving negligence. There is a four-part test that you must meet to show that the driver was negligent.
The elements are:
- The driver owed you the duty of care. This is often the easiest part of the case to prove because any driver in your vicinity on the road owes you a duty to exercise reasonable care.
- The driver breached their duty of care by acting unreasonably under the circumstances. Insurance companies may hotly contest this test element. You need evidence of what the driver did in the accident and compare it to what a reasonable driver should have done.
- You suffered an injury.
- You would not have suffered an injury had it not been for the driver’s actions. This element is called causation, and insurance companies will try to find a way to break the chain of causation, as we will explain
Insurance Companies May Blame You
Insurance companies will find any way to blame the motorcyclist for their accident. They will try to take advantage of the perception that motorcyclists are riskier than the average person when they know full well what happened in the accident. By doing this, they will argue that their driver's negligence did not cause your injuries - but you did.
One of the common ways that an insurance company tries to save money is by blaming the rider’s injuries on the lack of a motorcycle helmet. Michigan law no longer requires a helmet for bikers over 21 who carry a certain amount of insurance coverage. In addition, many motorcyclists might still have severe injuries even if they wore helmets.
Many insurance companies begin by blaming the motorcyclist, not the driver. They know the average motorcycle accident claim is worth more than a car accident claim and will do anything to avoid paying it in full. If they can find a way to point the finger at the injured biker, they figure that they can save some money.
Michigan Injury Lawyers Will Stand up for You
Unfortunately, your motorcycle accident attorney may have to defend you every bit as much as they try to prove that the other driver was at fault. It is part of how motorcycle accident claims work. If you do not have an attorney, you may be more likely to be blamed, and the insurance company may get away with it. Our motorcycle accident lawyers at Michigan Injury Lawyers stand up for you when the insurance company tries to walk over you.
Your motorcycle accident attorney will investigate your accident in the days afterward. You cannot wait long to begin the legal process because the proof you need is only around for so long. You cannot investigate your own accident, especially when dealing with physical injuries.
You need to come to the table with evidence that proves that the driver was to blame for your injuries. If you can meet your burden of proof, you may be in a position to receive financial compensation for your injuries.
Other Possible Defendants in a Motorcycle Accident Lawsuit
There may even be ways that you can receive financial compensation in an accident that involved only your bike.
Despite a heavy presumption you caused a single-bike accident, you can have an excellent case if:
- Another motorist cut you off or caused you to lose control of your bike by driving recklessly.
- Your accident happened due to the poor condition or design of the road. Then, you may sue the government responsible for maintaining the road in reasonable condition.
- A defective motorcycle caused your accident. Then, you can sue the bike manufacturer or the part that failed.
Your attorney will help you decide the best way to pursue financial compensation in your motorcycle accident case. Often, your lawyer will begin by filing a claim with the responsible driver's insurance company, hoping it will accept liability and offer you an adequate settlement. You can also sue the responsible driver in court, especially if you receive a total claim denial and still believe you are due financial compensation.
How Much Is Your Motorcycle Accident Case Worth?
When you are negotiating a settlement, you have the right to receive compensation for:
- The full costs of your medical treatment
- Lost income for the time that you missed from work
- Pain and suffering for your post-accident experience
- Emotional distress
- Embarrassment and humiliation
- Permanent scarring and disfigurement
How We Value Your Motorcycle Accident Case
You have a right to payment for lasting injuries. Our experienced motorcycle accident lawyers can work with experts to help value your damages.
At Michigan Injury Lawyers, we work with:
- Medical experts to understand your situation and what your expenses may be in the future
- Vocational experts to value how much you should have earned on the job
- Lifecare experts in case you need permanent care to help with your daily needs
- Economic experts to estimate how much costs may go up in the future
Your damages will depend on your situation. Two people can suffer the same physical injuries, but their cases can recover different amounts. One accident victim might earn more money and have a more active lifestyle than another. Thus, they are losing more after their motorcycle accident.
If the insurance company does not offer you enough money in a settlement, you can tell them to return to the drawing board and offer you more. You can reject their settlement offer and respond with your own demand.
Eventually, your figures may come close to matching theirs, but not without a fight. Most motorcycle accident cases will eventually settle. The question is what lengths you must go to before reaching an agreement.
Why You Need a Motorcycle Accident Attorney
The thing that you need to focus on the most after a motorcycle accident is your health. You will need continuous medical care for your injuries, which will take time. You will not have the time, ability, or knowledge to deal with the legal process.
Our motorcycle accident attorneys investigate accidents and deal with insurance companies as part of their job. We know how to get to the bottom of your case right after you hire them. Time is of the essence, so you cannot wait long to begin the legal process. Otherwise, you can put yourself in a hole.
Our motorcycle accident lawyer can:
- Investigate your accident and compile the necessary evidence
- Estimate your damages to know how much to seek
- Handle all communications with the insurance company
- Stand up for your legal rights when the insurance company tries to compromise them
- Negotiate a settlement that gets you the highest possible financial compensation
Never perform these tasks alone, especially when you need every dollar you can get in a motorcycle accident case. You cannot return for more if you do not get enough money for your case. Your actions today, right after you have suffered an injury, can affect you and your family for the rest of your lives.
Contact a Bloomfield Hills Motorcycle Accident Lawyer
Our Bloomfield Hills personal injury attorneys at Michigan Injury Lawyers are the passionate and fearless attorneys you need when up against an insurance company. We do not hesitate to take on anyone standing between you and the money you deserve when someone else is to blame for your injuries.
"Michigan Injury Lawyers fought for my best interest, helped me understand throughout the process and was very patient with my many questions. I have nothing but good things to say about this firm! I feel as though my case was handled professionally and with the utmost care. If you needed to let them know about something urgent, they responded quickly and updated me within the day or the following morning. Nothing but good things to say!" -Shaun N. ⭐⭐⭐⭐⭐
Read more of our Google reviews.
Bloomfield Hills Office Location
2525 S Telegraph Rd, Ste 100,
Bloomfield Hills, MI 48302