Motorcycle litigation isn’t as simple as filing for no-fault benefits. Issues of fault, coverage, and special circumstances can make collecting coverage for your medical expenses challenging after a motorcycle accident. That’s why you need a team of experienced motorcycle litigators on your side. They will help you consider all the special concerns that comes when an accident happens on two wheels.
Was a Motor Vehicle Involved?
Some motorcycle accidents involve motor vehicles, but not all of them. Whether a motor vehicle is involved, it opens up the possibility of no-fault auto insurance benefits under your own policy or the other driver’s. No-fault benefits have even been awarded when a motor vehicle caused, but wasn’t involved, in the motorcycle accident. For example, if a car cuts your bike off and causes you to swerve onto the gravel shoulder, the injuries caused when you lose control could be covered by a Michigan no-fault insurance policy.
Auto insurance won’t do you any good if there there was no motor vehicle involved, like when you hit a barricade. Unless the injuries were the result of a motor vehicle, you and your motorcycle accident attorneys will have to look elsewhere to find coverage for your injuries.
Who Was at Fault for the Motorcycle Accident?
Typically, you may hold another party liable for a motorcycle accident and the injuries you have suffered when that party’s negligence caused the accident. To prove negligence, you will need to show that the at-fault party owed you some legal duty, and through their actions or inaction, breached that duty and caused the motorcycle accident.
If another motorist caused the crash, you might show that they were operating their vehicle in an unsafe or illegal manner. If poor road conditions caused the collision, you might have a case against a city or state government for negligent maintenance. To recover money in a motorcycle accident claim, you will also need to show that you have suffered injuries or losses that you can be compensated for.
Proving liability in a motorcycle accident case requires presenting convincing evidence to establish the other party’s fault for the crash. Evidence commonly used in motorcycle accident lawsuits include:
- Police investigation
- Accident scene photos
- Vehicle damage reports
- Traffic camera, surveillance camera, or dashcam/helmet cam footage
- Eyewitness testimony
- Medical records
- Expert reports providing a written or visual accident reconstruction
Assigning liability for a Detroit motorcycle accident can also affect the compensation you may be entitled to for your injuries. Under the comparative negligence rules in Michigan, your compensation may be reduced if you are found to bear some share of fault for the accident.
What Insurance Defendants Should Be Named?
Any particular biker may have
- liability insurance,
- optional first-party insurance,
- underinsured or uninsured motorist insurance, and
- collision insurance.
These policies cover everything from the bike itself, to personal injuries, and property damage. Your motorcycle accident attorneys will help you file the right claims with the right insurance companies. When they deny your claim, the litigation team will name the insurance companies as defendants in your lawsuit to make sure you get all the benefits you paid for.
Should the Government Be a Party?
Sometimes, road conditions like potholes and poor lighting open another avenue for compensation. If the city has failed to respond to reports of dangerous road conditions, you may be able to seek compensation for your injuries based on that negligence. If possible, take pictures of the accident site at the time or the accident. Your lawyers can use those photos to show how road conditions played into your accident to get the compensation you need.
How a Michigan Motorcycle Accident Lawyer Can Help
After you have been hurt in a motorcycle crash, let a Michigan motorcycle accident lawyer from Christensen Law help you pursue your legal case against those responsible for the accident. We will:
- Take the time to speak with you about the motorcycle accident and understand your needs, concerns, and goals for your case
- Advise you of your legal rights and options for pursuing compensation for your injuries and losses
- Walk you through what you can expect at each stage in your claim
- Quickly launch an investigation of the accident to obtain evidence and witness testimony
- Document the full extent of your losses, including working with your doctors to understand your injuries and how they have and will affect your life
- Bring in accident reconstruction experts to build a persuasive case showing how the accident happened
- File your claim for compensation with the insurance company(s) and handle all communications with the adjuster(s) so that you can focus on your recovery
- Vigorously pursue a negotiated settlement that pays you fair and full compensation for your losses
- Explain how litigation may help you to seek the best possible results
- Take your case to court if a settlement cannot be reached, advocating fiercely to persuade the judge and jury to render a judgment or verdict in your favor
Contact Christensen Law Today
If you have been injured in a motorcycle accident in Detroit, obtaining compensation can be the key to restore your financial security and protect your personal wellbeing. Call us or contact us online today for a free case review.
