The Michigan Wrongful Death Act governs compensation for fatal motorcycle accidents. A lawyer is required to open an estate, and a personal representative chosen by the Michigan probate court will bring a case on the deceased’s behalf. Any settlement money from a Michigan motorcycle accident wrongful death lawsuit cannot be distributed to the family of a dead rider until the probate court has granted permission to do so. If you lost a close person in a motorcycle accident, you need an experienced Michigan motorcycle accident attorney.
Proving liability
In Michigan, the surviving dependents or beneficiaries have a right to compensation when a motorcyclist dies due to another driver’s negligence. The defense lawyer has to show:
- The defendant’s activities contributed entirely or significantly more than 50% to the motorcyclist’s death.
- The defendant did something careless.
- The motorcycle accident victim has a surviving spouse, children, beneficiaries, or dependents.
- The victim’s wrongful death has resulted in monetary damages.
Whenever a motorcycle rider is at fault
The Michigan No-Fault Act states that a motorbike is not a “motor vehicle.” In other words, if the victim’s injuries were sustained in a regular vehicle or truck collision, they would not generally be eligible to recover damages.
Any injury may be brought against a motorcyclist who caused the collision. Not simply the ones specified by the Michigan No-Fault Act, which are gravely impairing a bodily function or gravely and permanently disfiguring one’s appearance.
When a motorcyclist causes an accident, their insurance provider will offer defense counsel and pay up to the liability policy limits for any harm or losses by third parties. As long as the rider is the motorcycle owner and carries insurance, they are still eligible for Michigan No-Fault benefits even if they contributed to the collision.
However, because a motorcycle is not regarded as a “motor vehicle” under the Michigan No-Fault statute, they are not eligible for No-Fault benefits if no other drivers are involved in the collision (motorcyclist loses control of the bike). If they included it in their insurance policy, the rider might be eligible for different motorcycle personal injury protection (PIP) benefits. Visit here for more information.
What if the rider did not wear a helmet?
If you were not wearing a helmet and were hurt in an accident that wasn’t your fault, you can still develop a personal injury case. If a personal injury lawyer does not adequately represent you, the amount of damages (money) you receive may be less.
This is due to the defendant’s lawyer frequently claiming that the motorcyclist’s decision not to wear a helmet was to blame for the brain injuries incurred rather than the person who caused the accident. How much of the motorcycle rider’s carelessness contributed to the harm will be left to the jury to decide. Afterward, that choice will determine the damages the plaintiff is eligible to receive, called comparative negligence.
Last words
Suppose you or a close person were hurt in a Michigan motorcycle accident. In that case, you need a professional knowledgeable about the benefits you are entitled to, how to negotiate with insurance providers, and how to obtain financial compensation for your injuries.
