As a motorcyclist, you love the freedom of the open road. Unfortunately, a motorcycle accident can strip that freedom away. The emotional impact of your injuries and the financial stress of ongoing care and rehabilitation can leave you struggling to rebuild your life after a crash.
Injuries from motorcycle accidents can affect how you live your life, but Fieger Law is here to support your recovery journey. Our motorcycle accident attorneys have secured millions in settlements from motorcycle crashes. Let us use our expertise and experience to help you get the compensation you’re entitled to.
Legal Rights of Motorcycle Accident Victims
Motorcycle accident victims are often painted as irresponsible or rebellious, a tactic used by insurers to reduce compensation. However, you have protected rights as a motorcyclist, including seeking financial restitution if another driver causes your injuries.
- Fair Compensation: You have the right to pursue fair compensation for injuries caused by another driver. This can be through your personal injury protection insurance (PIP), a third-party claim with the other driver’s insurance, or a personal injury lawsuit.
- Comparative Negligence Laws: You are protected under laws that allow compensation based on your percentage of fault, even if you are partly responsible.
- Compensation for All Damages: You are eligible to claim compensation for physical, emotional, and property damages, including:
- Medical expenses like ER visits, surgeries, medication, rehabilitation, therapy, and ongoing medical care.
- Lost wage compensation for missed earnings, including days off work for medical appointments and loss of future earnings.
- Bike repair and replacement to pay for repairing or replacing your motorcycle.
- Pain and suffering damages addressing physical pain, emotional anguish, and decreased quality of life.
- Refusing Quick Settlement Offers: You have the right to refuse initial settlement offers from insurance companies if they undervalue your claim.
- Legal Representation: You have the right to seek legal representation to protect your interests and negotiate on your behalf with insurance companies and defense attorneys.
At Fieger Law, our team brings more than 70 years of experience in managing personal injury claims to the table. We’re ready to use our knowledge to help you, ensuring that aggressive insurance companies don’t push you into settling for less than you deserve.
Modified Comparative Negligence and Helmet Laws in Michigan
In motorcycle accident cases, your compensation is partially determined by comparative negligence laws. These laws acknowledge that both sides might have played a role in causing the accident, and the amount of compensation is adjusted based on each party’s share of the blame.
Michigan follows a rule called modified comparative negligence, which means you won’t get any compensation if you are found to be more than 50% responsible for the accident.
The use of a helmet at the time of the crash influences your compensation. Helmets are required for riders under 21 or those who haven’t completed a safety course or don’t have certain insurance coverage.
While not wearing a helmet may not always be against the law, it can impact how much fault is attributed to you in an accident. For instance, if not wearing a helmet contributes to you being found 40% at fault, you would only receive 60% of the total compensation awarded.
At Fieger Law, our attorneys can guide you through the comparative negligence system to help ensure you get the largest settlement possible. We collect evidence such as traffic camera recordings, statements from eyewitnesses, and opinions from experts to shift more fault to the other driver. This approach aims to secure you a fair settlement amount, even if you share some of the blame for the accident.
Steps to Take Immediately After a Motorcycle Accident
If you’re involved in a motorcycle accident, it’s important to know the right steps to take to look after your well-being and protect your rights. Here’s a guide on what to do immediately following a crash:
- Ensure Safety: If your injuries are minor, move to a safe location away from traffic.
- Check for Injuries and Call 911: Check yourself and others for any injuries. If there’s a chance of a head, neck, or spinal injury, keep your helmet on. Call emergency services right away to report the accident. The police report can be useful later when you file a claim.
- Get Medical Care: Seek medical care, even if you don’t feel injured. This helps diagnose and treat hidden injuries and documents them for your legal claim.
- Exchange Information: Swap contact and insurance details with the other parties involved. Avoid admitting fault or making statements that could be interpreted that way, such as “I’m sorry” or “I should have seen you.”
- Document the Scene: Take pictures of the accident scene, capturing the involved vehicles, any road debris or skid marks, and nearby signs or traffic signals.
- Gather Witness Information: If there are any witnesses around, make sure to get their contact details because they could offer unbiased statements that support your version of events.
- Report the Accident to Your Insurance: Let your insurance company know about the accident, but talk to a lawyer before giving detailed statements or agreeing to any settlements.
- Consult an Attorney: Seek legal advice from Fieger Law as soon as possible. We’ll inform you about your rights and guide you on how to strengthen your claim.
The Importance of Legal Representation in Motorcycle Accidents
As experienced motorcycle accident attorneys, we’ve seen manipulative insurance company tactics before. We know that insurers will spare no expense in trying to avoid payment. They will play upon the jury’s prejudice against motorcyclists to reduce or deny your compensation.
We can fight these tactics with the following actions:
- Gather Comprehensive Evidence: Our attorneys carefully collect accident scene photos, witness statements, and police reports to build a strong foundation for your case.
- Analyze Legal Precedents: We examine past motorcycle accident cases to find legal precedents supporting your claim, bolstering the argument for your compensation.
- Negotiate with Insurance Companies: We use our knowledge of insurance company strategies to negotiate strongly on your behalf, ensuring you get a fair settlement and effectively dealing with any lowball offers.
- Litigate Aggressively in Court: We’re prepared to bring your case to court, where we’ll make a strong case to the jury and judge. We’ll demonstrate the full impact of your injuries and the other party’s responsibility to secure the maximum compensation for you.
Call Our Experienced Legal Team at Fieger Law
Fieger Law boasts over seven decades years of experience in championing the rights of motorcyclists injured in Michigan and nationwide. We’ve secured millions in compensation for victims of negligence, including winning the biggest verdict in Michigan’s history.
We’re committed to protecting your rights and aiming for a settlement that accurately reflects the toll your injuries have taken on your life, taking into account both your financial and emotional hardships. Contact us today for a free consultation where our team can evaluate your case and advise you on your next legal steps.