Michigan Motorcycle Accident Lawyer

Michigan Motorcycle Accident Laws

Michigan Motorcycle Negligence Laws:

In Michigan, if you are injured in a motorcycle accident, you can sue the negligent party. (See MCL 257.401) However, to be able to recover under this claim, you must have suffered a serious impairment of an important body function, serious and permanent disfigurement, or death. Some of the damages you can recover would be compensation for any pain and suffering, any loss of consortium, and so on.

To have a successful case, it must be proven that you were not more than 50 percent at fault for the Michigan motorcycle accident. If you are more than 50 percent at fault, then you cannot recover for pain and suffering.

No-Fault Benefits for Michigan Motorcycle Accidents:

In order to be entitled to No-Fault Benefits (i.e. medical bills paid for, replacement services, attendant care, and medically necessary mileage), you must be involved in a collision with another “motor vehicle,” not if you lose control or strike another motorcycle or a fixed object like a tree or pole. If you are involved in an accident with another motor vehicle, then below is the order of priority for who you would sue first:

Insurer of Owner or Registrant of the Motor Vehicle Involved in the Motorcycle Accident
Insurer of the Operator of the Motor Vehicle Involved in the Motorcycle Accident
Motor Vehicle Insurer of the Operator of the Motorcycle Involved in the Motorcycle Accident
Motor Vehicle Insurer of the Owner or Registrant of the Motorcycle Involved in the Motorcycle Accident
Motor Vehicle Insurer of the Owner of the Motor Vehicle of Resident Relative to Victim in the Motorcycle Accident
The resident relative of the injured motorcyclist, driver, or passenger. If none then,
Assigned Claims Facility

Also, if you do not have the required minimum insurance on your motorcycle in Michigan, you cannot get no-fault benefits under Michigan law.

Statute of Limitations for Motorcycle Accidents:

If you are pursuing a claim for no-fault benefits, you must file notice within 1 year of the accident. If you are suing the negligent driver, then you must file suit within 3 years of the accident (unless you are a minor, mentally incompetent, or a member of the military).

Motorcycle Damage:

In order to recover physical damage to you motorcycle, you must carry collision insurance. You cannot sue the negligent party for this.

Michigan Motorcycle Licensing:

To operate a motorcycle in Michigan, you must possess a valid Michigan driver's license with a motorcycle endorsement. The motorcycle endorsement must have a designation of "CY" on your license. Operating a motorcycle without such an endorsement can result in a fine of up to a $300.

Complete the following three steps to get your “CY” endorsement:

Go to a Secretary of State office to take the vision and written knowledge tests.
Pass a skills test from a rider skills testing organization OR successfully complete a certified motorcycle safety course.
Present your completion certificate at a Secretary of State office.

It is very important that you speak with someone very familiar with the intricacies of Michigan's motorcycle laws. Contact [email protected] or 855-MIKE-WINS for a free consultation. As always, the advice is free and there is no fee unless you collect.