Motorcyclists in Michigan have the same rights and responsibilities as any other driver on the road. However, their smaller size and lower visibility make them vulnerable when other motorists fail to yield as required by law.
Drivers exiting driveways, parking lots, or private roads tend to focus on larger vehicles while overlooking motorcycles. This lack of attention can lead to devastating crashes. Even a low-speed collision can result in catastrophic injuries for motorcyclists due to their lack of physical protection.
Knowing the state’s right-of-way laws can help you understand when another motorist is acting negligently and when to contact a Michigan motorcycle accident lawyer.
Basics of Right-of-Way in Michigan
In Michigan, motorcycles are considered motor vehicles. They have the same right to use a full lane and follow the same right-of-way rules as cars or trucks. Motorcyclists also share the same responsibilities at intersections, during lane changes, and when turning.
However, their smaller size makes them harder to see and more likely to be missed in a driver’s blind spot, raising the risk of serious accidents.
Here are some common scenarios where motorcyclists are at heightened risk of an accident:
- Intersections: At a four-way stop without signals, the vehicle on the right, regardless of type, has the right-of-way. If a motorcycle approaches from the right and a driver fails to yield, that driver can be held liable for any resulting collision.
- Left turns: Drivers turning left must yield to all oncoming traffic, including motorcycles. However, many motorists misjudge their speed or distance, often pulling into a rider’s path and increasing the risk of a fatal crash.
- Lane changes: Before switching lanes, a driver must ensure the adjacent lane is clear. This includes checking mirrors and blind spots. Motorcyclists are often overlooked in these checks, resulting in sideswipes and serious injuries.
The motorcycle accident attorneys at Fieger Law can examine the facts and help you determine whether the other driver failed to give you the right-of-way.
Negligence and the Legal Duty to Yield
In Michigan, drivers have a legal duty to yield to any vehicle with the right-of-way, including motorcycles.
Failing to do so is considered a breach of that duty and negligence per se, meaning the violation of a traffic law is considered evidence of negligent behavior. That breach can make them financially and legally liable for any injuries or damages they cause.
Motorcyclists struck by drivers who fail to yield often suffer broken bones, spinal trauma, brain injuries, or even death. In these cases, proving the driver’s failure to yield is crucial to recovering compensation.
In 2023, the Michigan State Police recorded 3,056 crashes; 164 fatal. Inattentive drivers put motorcyclists at risk every day, and riders are far more likely to suffer serious injuries than other vehicle occupants.
Don’t let negligent drivers walk away without consequences. Let our team at Fieger Law investigate your case.
Understanding Comparative Negligence in Michigan
Michigan follows the modified comparative negligence system, which works according to these three principles:
- Percentage of fault: Insurers and courts can assign motorists involved in a traffic accident a percentage of fault based on their actions.
- Fault reduces compensation: The compensation amount you are entitled to is reduced proportionally to your percentage of fault. For example, if your damages are worth $100,000 but were assigned 25% of fault, you will recover $75,000.
- The 50% rule: If you are found 50% or more at fault for the accident, Michigan law bars you from recovering non-economic damages, such as for pain and suffering, and emotional distress.
Unsure who was at fault? Our Michigan motorcycle accident lawyers can help protect your rights and challenge unfair blame. We can help you collect as much evidence as possible to establish the other driver’s liability and prove you were safe and responsible, including:
- Statements from eyewitnesses
- Testimonies from medical specialists or accident reconstruction experts
- Footage from nearby security or traffic cameras
- Police accident reports
- Photo and video evidence of the crash scene
- Hospital records, bills, and treatment invoices
- Evidence of motorcycle, clothing, and helmet damage
Fieger Law Protects the Rights of Michigan Motorcycle Riders
Drivers who fail to yield to oncoming motorcycles break the law and also endanger lives. At Fieger Law, we’re committed to standing up for injured riders and their families. Our Michigan motorcycle accident lawyers have a long history of securing record-breaking results for clients throughout the state and across the nation.
You don’t have to fight alone, whether you were struck by a driver leaving a parking lot, turning left across traffic, or merging without looking. Contact our law firm for a free consultation. We’ll help you pursue full compensation for your injuries, lost income, and pain and suffering.