Since there is no barrier between a motorcyclist and a larger vehicle in the event of a crash, motorcycle accidents often result in catastrophic injuries or death. After suffering devastating harm in a collision, you may not be able to work, and you may have substantial medical and other bills. If you were injured or a loved one was killed because of a driver’s carelessness, the experienced Detroit motorcycle accident attorneys at Feldheim & Wilenkin may be able to help you recover the compensation that you need. An injury attorney can assist you in making a first-party claim, and in many cases, you can also bring a third-party claim.Holding a Negligent Driver Liable for Your Injuries
Michigan has a no-fault insurance system. This means that a motorcycle accident victim in a collision with a car or truck can recover compensation by making a first-party claim against his or her insurance company. PIP benefits, including wage loss for three years after the accident, medical mileage, attendant care, and medical expenses, may be available. As the name of the system suggests, fault does not matter when trying to recover PIP benefits. It does not matter if you were responsible for the accident. You can still recover economic losses under your own policy.
However, many motorcycle accidents result in very serious injuries or death. In Michigan, only death, permanent serious disfigurement, or serious impairment of bodily function entitle you to pursue pain and suffering damages through a personal injury lawsuit. Permanent serious disfigurement includes scars, burning, amputation, and other injuries that change your outward appearance. Serious impairment varies from case to case, but generally the issue is whether the injury has affected your ability to lead your normal life. If you are able to meet the criteria, you are eligible to file a third-party claim against a negligent car or truck driver.
In court, you would have to establish negligence of the other driver as a cause of the accident.. Most accidents involving motorcycles are due to a failure of the driver of the car to see the motorcycle. All motorcycle drivers learn early on that they must drive defensively as many car drivers are not vigilant for motorcycles or even hate people on motorcycles. We recognize that our motorcycling clients are entitled to have their rights protected to the fullest extent of the law.
The damages available in a civil lawsuit often include noneconomic damages like pain and suffering, which are not available through filing a first-party claim. In order to win a civil lawsuit in Michigan, you cannot be found more than 50% at fault. This is known as a modified comparative negligence system. If you were at fault to a degree of 50% or less, you are still be able to receive damages proportionate to the defendant’s fault.Discuss Your Motorcycle Accident Case with a Detroit Attorney
Motor vehicle collisions may have tragic consequences. The Detroit motorcycle accident lawyers at Feldheim & Wilenkin represent injured individuals across Michigan. Our car accident lawyers are dedicated advocates who are ready to fight for your right to compensation. We also represent residents of Wayne, Oakland, and Macomb Counties, as well as throughout the state of Michigan. Call us at 248.737.0700 or contact us via our online form to set up a free consultation.