Best Motorcycle Accident Lawyers Detroit, MI Of 2023 – Forbes

3 minutes, 15 seconds Read

Filing any sort of lawsuit is a time-consuming and stressful endeavor. Here are some key pieces of information and advice to help you navigate the ins and outs of a motorcycle lawsuit.

Michigan Statute of Limitations

The time period you have to bring a lawsuit against another person is known as the statute of limitations. In Michigan, anyone injured in a motorcycle accident has three years to file their lawsuit. If that deadline is missed, their lawsuit will likely be dismissed.

Michigan Laws for Motorcycle Drivers

  • Helmet requirements. Any passenger or driver that is under the age of 21 must wear an approved motorcycle helmet. However, an operator does not need to wear a helmet if they meet the following requirements:
    • The driver is over 21 years of age
    • They have $20,000 or more in first-party medical insurance benefits.
    • The driver has held a motorcycle endorsement for at least two years or has passed an approved motorcycle safety course
  • No lane splitting. Motorcyclists are not permitted to drive in between lanes of traffic, but they are allowed to pass on the left side of a lane in two-way traffic and on the left or right side of a lane in one-way traffic.
  • Brake equipment. Any motorcycle that is operated on a highway needs to be equipped with two brakes: one on the front tire and one on the back. Note that these brakes may be operated by hand or foot controls.
  • Face/Eye Protection. Any person operating a bike in excess of 35 miles per hour needs to have a windshield on their motorbike or wear shatter-resistant, transparent goggles, a helmet with a transparent visor or eyeglasses for protection.

Identifying Fault for a Motorcycle Crash

Similar to other states, Michigan uses a no-fault system for automobile and motorcycle accidents. This means that regardless of who was negligent in the accident, each driver’s insurance policy will cover certain expenses such as medical bills (to a certain amount), wage loss benefits, damage to other people’s property and any replacement services used. Note, however, that this does not indicate you cannot sue an at-fault driver—just that your options are limited. You are able to sue an at-fault driver for specific damages such as for pain and suffering, damage to your vehicle up to $3,000 and excess medical costs.

Michigan also uses a law known as modified comparative negligence, which affects how much a plaintiff can receive in a lawsuit, or if they are barred from claiming damages at all. Under modified comparative negligence, an injured driver must be less than 50% responsible in order to claim any damages. However, if the plaintiff is able to be awarded damages, they are reduced by their percentage of fault in the accident.

Here’s an example.

A motorcyclist is driving along a freeway and turns left. His signal light is broken. The driver behind him is distracted with his cellphone and rear-ends the biker. The biker incurs $100,000 in damages and is found 30% responsible for the accident—due to their faulty signaling system. Because of this, they are only able to claim $70,000 of their $100,000 claim because they are responsible for the other 30% of the damage.

How Can an Attorney Help You?

An experienced motorcycle attorney can handle any aspect of your case. Here are a few things they can do to make filing a lawsuit a much simpler process.

  • Collect all evidence, such as police reports and accident photos, and organize it in a logical manner for presentation to parties—such as a judge, jury or insurance company.
  • Handle the time-consuming details of your matter such as filing paperwork, discussing your injuries with medical professionals and accident recreation specialists, if necessary.
  • Negotiate with insurance companies to ensure you receive fair compensation for your physical and emotional injuries.
  • Evaluate your case for strengths and weaknesses in order to create a persuasive argument to present during negotiations with the defendant and/or their counsel.

This post was originally published on 3rd party site mentioned in the title of this site

Similar Posts