Motorcycle Litigation – Special Concerns

Michigan Motorcycle Litigation

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.

Special Concerns in Motorcycle Litigation

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?

Unlike auto accident claims, motorcycle litigation is based on negligence and fault. In order to recover for injury or damages caused in a motorcycle accident, your will need to show who was at fault for the accident – who caused it. There are lots of ways to show fault in motorcycle litigation, like:

  • Police reports;
  • Witness testimony;
  • Admissions made by defendants; and
  • Accident reconstruction experts.

Fault isn’t an all-or-nothing decision. A judge or jury may find that each party in a lawsuit contributed to the problem. For example, one biker may have been speeding when another cyclist failed to yield during a turn. The resulting collision could be partially both parties’ faults. In those cases, your damages will be reduced by your percent of fault.

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.