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Determining Fault in Motorcycle Accidents

Why Are Motorcycles Treated Differently Than Cars?

The state of Michigan does not consider motorcycles to be motor vehicles. This means two things: one, that a motorcyclist involved in a crash is very unlikely to be considered liable or at-fault in the same way as a car or truck, and two, that a motorcycle is not covered under Michigan’s No-Fault Act, as that only applies to auto vehicles.’

These two implications can mean the following for motorcyclists injured in an accident:

  • If you were at fault in your accident, you could be liable for injuries caused. Although it’s unusual for motorcyclists to be solely at-fault in an accident with a moving automobile, if you are at fault, you will not be considered eligible for no-fault benefits – even if you have motorcycle liability insurance. Instead, you will need to work with your insurance provider to cover any injured parties.
  • If you were not at fault, you can still qualify for no-fault or PIP benefits. When another vehicle driver causes your accident, you may be covered under their personal injury protection or PIP insurance.
  • If another driver was responsible for your injuries, you can pursue a first-party personal injury claim. As long as you have motorcycle liability insurance, or Protection to the Property of Others, you can pursue a first-party claim against another driver’s insurance company.
  • Regardless of fault, you may be able to pursue a third-party personal injury claim against a negligent driver. Often called a negligence or tort claim, this allows you to file a lawsuit against a negligent driver who caused your motorcycle accident. It allows you to seek further damages for your pain and suffering, in excess of economic benefits.

Motorcycle accident cases in Michigan are incredibly complicated, and require a deft hand and years of experience to navigate. At Goodman Acker P.C., our Detroit personal injury attorneys are here to provide you with passionate advocacy and a thorough understanding of your options as a motorcyclist. We have more than 75 years of combined experience in this area, and because we work on a contingency fee basis, we won’t bill until you win fair compensation.

Call (248) 793-2010 to speak with our skilled legal team today!

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