Michigan Motorcycle Accident Lawyer

Can a Michigan motorcyclist get no-fault benefits?

Often, yes, but only when a car or truck was involved in the crash. Motorcycles are not treated as motor vehicles for most no-fault purposes, so a rider's benefits usually come through auto insurance tied to the vehicle that was involved or to the rider's household.

Michigan sets an order for which insurer pays. In many cases, the insurer of the car or truck involved comes before the rider's own auto policy. That surprises many riders, who assume their motorcycle insurance will pay. When a rider crashes alone, for example after hitting gravel or a pothole with no car involved, PIP generally does not apply, and health insurance and any medical payments coverage on the motorcycle policy become the main sources.

The PIP limit that applies depends on the policy that pays, which may be someone else's choice. Identifying the right insurer early prevents denials and delays.

Once no-fault benefits are sorted out, the claim against the careless driver can cover what PIP leaves behind:

• medical costs beyond the applicable PIP limit,
• lost income beyond what PIP replaces, and future lost earning ability,
• the motorcycle, helmet and riding gear,
• pain, scarring and lost enjoyment of life, if the injury meets the serious-impairment threshold.

Road rash, broken legs and wrist injuries are common in rider crashes, and they often leave lasting limits on work and daily life. Careful medical documentation of those limits is what carries a rider over the threshold.

Does Michigan require motorcycle helmets?

Riders under 21 must wear a helmet. Riders 21 and older may ride without one only if they meet experience or training requirements and carry additional medical coverage. Passengers are subject to similar conditions.

Whether a helmet was worn rarely decides who caused a crash. It can, however, become an argument about the extent of a head injury. If a rider who met the legal conditions chose to ride without a helmet, the defense may still claim that some injuries would have been less severe. That argument does not reach broken bones, road rash or spinal injuries, and it does not change the driver's responsibility for turning across the rider's path.

Where and when do Michigan motorcycle crashes happen?

Most crashes fall within the riding season, roughly spring through fall. Early in the season, drivers are not used to watching for motorcycles, and roads still carry winter sand and potholes.

• Scenic routes such as the shoreline roads of the northern Lower Peninsula and the Upper Peninsula draw riders and tourists who slow suddenly or turn into scenic pullouts.
• Rural two-lane highways mix farm equipment, deer and blind curves.
• Metro Detroit and Grand Rapids traffic brings left-turn and lane-change crashes.
• Organized rides and rallies bring large groups of riders onto the same roads in a short period.

Potholes and broken pavement can make a public agency responsible, but those claims require prompt written notice, often within months. Our government property claims page explains the process.

How does Michigan's fault rule apply to riders?

Your damages are reduced by your share of fault, and above 50 percent, pain and suffering is barred while reduced economic losses remain recoverable.

Here is an example. A driver pulls out of a driveway on M-22 in front of a rider. The jury values the rider's pain and suffering at $250,000 and excess economic losses at $40,000, and it decides the rider was 20 percent at fault for speed. The rider recovers $200,000 plus $32,000. Had the jury placed the rider at 51 percent, pain and suffering would vanish, leaving $19,600. Reconstruction evidence about speed, sight lines and braking often controls that number.

How do riders overcome bias against motorcyclists?

Some jurors and adjusters assume riders take risks. The way to answer that assumption is concrete evidence about how this rider rode on this day.

1. Save helmet camera and phone video right away.
2. Keep the damaged gear and helmet as evidence.
3. Write down witness names, including other riders in your group.
4. Gather records of training courses and riding experience.
5. Stay off social media about the crash and recovery.

Our motorcycle accident practice works with reconstruction experts who understand motorcycle dynamics. For crashes involving cars, our Michigan car accident page covers the threshold in more detail, and our Michigan injury overview explains state rules. We offer a free case review, and you pay no fee unless we win.