Most motorcyclists use each feasible security precaution. However, a mistake with the aid of any other driver may also be the cause of a bike accident. In that situation, even the most cautious and expert motorcyclist is at hazard of life-threatening injury.
In the United States, about 4,000 motorcyclists die on the highways every year. Traffic accidents injure some other 67,000 motorcyclists annually in this country. Many survivors of motorcycle crashes suffer serious accidents that require hospitalization, surgery, and long-term scientific treatment. Victims often, in no way absolutely regain their capacity to return to work or resume family responsibilities.
Even if a motorbike accident victim entirely recovers, the accident can take its toll. An man or woman might also lose time and income from work, need assist with household chores, and have to cope with the ache of accidents and indispensable medical treatments. In short, a serious bike accident can significantly trade the victim’s existence — briefly or even permanently. That is why, if you or a household member is involved in a motorbike accident, you need to guard your rights.
Motorcycle Accidents in Michigan
The facts about Michigan motorbike accidents are clear. In 2005, the Michigan Office of Highway Safety Planning said 120 motorcyclists died in crashes. Another 2,660 motorcyclists were injured in accidents in that 12 months alone. Compared with different travelers, motorcyclists are at higher risk. A Michigan motorcyclist was the sufferer in 1 out of each and every 7 crashes causing death, and 1 out of 28 crashes inflicting injury. Statistics exhibit that the hazard is increasing. In the final 10 years, the range of Michigan motorcycle accidents rose by 45%. At the identical time, the number of Michigan motorcycle accidents that resulted in loss of life rose via 98%. These records simply begin to exhibit the seriousness of these crashes. Statistics in reality cannot describe the lasting impact on the victims or their families.
What to do After a Michigan Motorcycle Accident to Protect your Rights
If you or different accident victims want emergency medical assistance, ask any person to call an ambulance. If you can, while you are nonetheless at the accident scene, acquire the following information:
Get the name, address, and cellphone wide variety of the other driver(s).
Get the drivers license number(s) of the different driver(s).
Get the insurance plan facts of the other driver(s).
Get the make, model and year of the other vehicles(s) and check the car registration.
Take down the vehicle owner’s title and address, if the driver does now not own that vehicle.
If it is a business vehicle, write down the name, address, and telephone wide variety of that business.
If it is leased or rented, write down the name, address, and telephone number of the condominium company.
Give the different driver(s) your name, address, driver’s license variety and insurance plan information.
Look around the accident scene to stumble on all feasible witnesses to the accident. Ask for their names, addresses, and smartphone numbers (home, cell, and work). If the witnesses do no longer desire to get involved, write down their car license plate numbers and the states the place the license plates have been issued.
Listen carefully to feedback that the other driver(s) make about activities main up to the accident, such as “I did not see you,” and write down their comments.
Call the police, or have anybody else name them immediately. Generally, the police officer will interview all the drivers and any witnesses at the accident scene. The police might also additionally gather crucial bodily evidence and report the place of skid marks, highway symptoms and markings, and debris from the accident. All this statistics is crucial to “reconstruction” of the accident, to decide the pace of every vehicle, the point of impact, and the person accountable for the accident.
Ask the police officer to find out where the other driver used to be going. If the driver was once traveling on a work assignment, you may additionally have felony claims in opposition to both the careless driver and his or her employer. If you did not go to the emergency room proper after the accident, see a medical doctor as quickly as possible. It is very essential to get a check-up, because you may additionally not be able to inform how badly you are damage right after an accident. Be certain to follow all the doctor’s guidelines about further scientific care, tests, treatment, or restrictions on your activity.
After a serious accident, the at-fault driver or his/her insurance company may attempt to take gain of an injured victim. To keep away from this, comply with these guidelines:
Do NOT get into an argument with the different driver(s) about what happened.
Do NOT signal any statements or archives about the information of the accident.
Do NOT have your bike repaired. Wait till you have an lawyer who will get your bike photographed and inspected, notify the different driver’s insurance company, and show it the injury to your motorcycle.
Do NOT answer questions from an insurance company or from an legal professional representing the different driver.
If your very own insurance plan policy requires you to file your accident within a sure time, get an lawyer to help you with this as well.
After an accident, it is fundamental to seek advice from a Michigan motorcycle accident legal professional immediately. In necessary ways, the criminal claims of a Michigan motorcyclist are exceptional — and extra intricate — than the claims of an vehicle driver, due to the fact Michigan regulation does no longer think about a motorbike to be a “motor vehicle.”
Michigan Third Party Claims
The most essential prison declare that may be available to an person who is critically injured in a Michigan motorcycle accident is a Third Party lawsuit towards the driver whose negligence brought about the collision. Under Michigan law, you have to file this felony motion within 3 years of the date of the accident. Your declare would include damages for non-economic loss, which includes your ache and suffering.
Michigan First Party Claims
The victim of a Michigan bike accident additionally may also have a First Party claim, for No-Fault advantages that cover economic damages, which includes clinical costs, wage loss, attendant care, and substitute services. However, an man or woman who held felony title to the motorcycle on which he or she was injured, and did now not elevate the fundamental liability insurance plan required via Michigan law, cannot get First Party Benefits. These No-Fault First-Party advantages may additionally be indispensable to the monetary survival of the injured motorcyclist. Michigan regulation requires the victim to claim these advantages inside one year. To make a suitable claim, you first need to determine which insurance agency is responsible for paying your No-Fault benefits. An attorney can assist you via this process, which based totally on the following felony guidelines:
Michigan Motorcycle Order of Priority for No-Fault Benefits
1st priority is to the insurer of the proprietor of the motor automobile worried in the accident, if none then…
2nd priority is to the insurer of the operator of the motor car worried in the accident, if none then…
3rd precedence is to the motor car insurer of the operator of the motorbike worried in the accident, if none then…
4th priority is to the motor car insurer of the owner of the motorbike concerned in the accident, if none then…
5th precedence is to the Assigned Claims Facility.
The Michigan Assigned Claims Facility
The Assigned Claims Facility is the State Agency with the energy to assign an insurance plan organization to provide benefits to an injured victim who is not eligible for different No-Fault insurance plan coverage. To get an application for these Benefits, you can contact the Assigned Claim Facility directly at 517-322-1875.
Road Defect Claims
Some motorbike accidents are not brought about by means of negligent motorists, but rather result from a roadway defect, due to inaccurate restore of the pavement. In some cases, an injured motorcyclist can make a claim towards the state, county, or neighborhood government company accountable for repairing the roadway. These cases involve tricky felony and factual issues. In addition, the time to file these claims is a good deal less than the time for pursing different legal actions. You want an skilled lawyer to manage these complicated requirements properly. If you accept as true with that you might also have a street defect claim, or if you or a cherished one was injured in a Michigan motorcycle accident, talk with an skilled Michigan bike accident lawyer.
Attorney Marya Sieminski joined the Law Offices of Sam Bernstein in 2003. She is admitted to practice law in Michigan country courts and in the U.S. District Court for the Eastern District of Michigan. She earned her Bachelor of Science degree at the Massachusetts Institute of Technology and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial legal professional for 10 years and solely represented victims in non-public damage litigation and in employees compensation claims. She also was once appointed by the Governor to serve on the State of Michigan Workers Compensation Qualifications Advisory Committee.