Detroit Motorcycle Accident Lawyers

Advocating for Injured Victims

Different rules apply to motorcycle accident cases. It is of the utmost importance to have a knowledgeable attorney experienced in motorcycle cases. Michael Ratton has owned and operated a motorcycle since he was 16 years old. He has specialized in motorcycle litigation for over 30 years.

Motorcycle accidents are oftentimes some of the most catastrophic on Michigan roadways. In 2020, there were more than 2,500 crashes involving motorcycles, and nearly 140 riders died. Braking suddenly or steering quickly can cause the motorcycle to spin out of control. The lack of safety features that a regular vehicle has on the road, including seatbelts, airbags, and steel enclosures, makes riders more susceptible to serious injury and death.

For motorcyclists and their families, life is oftentimes never the same after a crash. If you have been injured in a motorcycle crash or a loved one has been incapacitated or killed due to the negligence of another driver, you may be able to recover compensation.

At Ratton Law Group PC, we know what it’s like to be injured while riding a motorcycle. We combine that experience with our legal and nursing backgrounds to deliver aggressive yet compassionate representation for our personal injury clients. If you have been injured in Detroit, Michigan, by a negligent driver, we may be able to help. Call Ratton Law Group PC at (313) 631-0502 or reach out to our office today to schedule a free consultation.

What Should I Do If I Have Been in a Motorcycle Accident?

Insurance companies are motivated by profits which they earn by denying claims filed against their insureds. They work diligently to reduce or negate personal injury and wrongful death claims, especially those asserted by injured motorcycle operators. There are, however, some steps you can take after a crash to strengthen your case:

Get all necessary medical treatment for your injuries immediately. It’s very likely that you have serious injuries after a motorcycle accident. Even if you don’t feel injured now, seek medical attention. Get a copy of your medical records, so you can claim your medical expenses later
Exchange information with the other driver involved in the crash. Get the other driver’s insurance company name, license number, and phone number. You will need their information to file your claim
Take down names and contact information for any witnesses. Witness testimony helps bolster your claim for compensation
Take photos of the motorcycle, vehicles, roadway, and debris. Photos can be used alongside your statement to prove what happened. Take photos of the area as well as the accident scene
Contact your motorcycle insurance carrier. Your insurance company will want to know about the crash as soon as possible. Contact your insurance company right away
Retain a motorcycle accident lawyer. The sooner our team knows about your accident, the sooner we can help you. Contact a Detroit motorcycle accident lawyer to get started on your case

What Are the Most Common Causes of Motorcycle Accidents?

Like car accidents, motorcycle accidents happen for a variety of reasons. Very few motorcycle accidents are caused by the biker; in most crashes, the larger vehicles around the motorcycle are responsible for the accident. Drivers who ignore the rules of the road or don’t follow safety laws create dangerous scenarios, which can lead to accidents.

The most common motorcycle accidents are caused by:

Distracted driving: Drivers who are texting, talking, or otherwise not paying attention to the road can cause motorcycle crashes. This is especially true because motorcycles are smaller than other vehicles, which can make them harder to see
Improper lane changes. Drivers are required to check their blind spots before changing lanes. Unfortunately, not all drivers are vigilant. Failing to check a blind spot can lead to accidents
The faster a driver is going, the harder it is for them to slow down or stop suddenly. Speeding around a motorcycle is especially dangerous, as riders do not have protection from the surrounding cars
Driving under the influence of drugs or alcohol. Drugs and alcohol slow reaction times and can cause drivers to make mistakes. Drunk or drugged driving often leads to fatal injuries
Left-turn accidents. Making a left turn often involves crossing multiple lanes of traffic. If drivers aren’t in the clear, they can hit motorcycles head-on
Sudden stops. Braking or stopping suddenly can lead to pile-ups. Pile-ups are very dangerous for motorcycle riders, as they can cause severe injuries
Vehicle defects. Brake or engine defects can cause a car to malfunction. This dangerous scenario can injure the driver and the motorcycle rider
Poor road conditions. Potholes, poorly designed roads, and a lack of signage can lead to confusion on the road. These dangerous conditions often cause accidents involving motorcycles
Poor weather conditions. Rain, snow, and wind can lower visibility and make it harder to slow down while driving. Bad weather often causes accidents for drivers and riders

Even if the police reports say that it was your fault, you may still have a motorcycle accident case. Police officers are not personal injury lawyers, and they cannot make a definitive judgment at the scene. A motorcycle accident attorney on our team will examine the true cause of your accident to assign blame and ensure you get the compensation you deserve.

What Are the Most Common Motorcycle Accident Injuries?

Motorcycle injuries are often severe. Because motorcycles are much smaller than other vehicles and riders have much less protection, injuries can lead to long-term symptoms and complications.

The most common motorcycle injuries include:

Broken bones
Road rash
Traumatic brain injuries
Spinal cord injuries
Scarring and permanent disfigurement
Knee injuries
Shoulder injuries
Back injuries
PTSD, depression, and anxiety

Any of these injuries can lead to extensive hospital bills, surgeries, rehabilitation appointments, and more. Many victims are unable to return to work and suffer from lost wages and a loss of future income. A Michigan motorcycle accident lawyer on our team is here to support you throughout your entire case, so you can recover adequate compensation as you heal from your injuries.

What Are Michigan’s Motorcycle Laws?

Motorcycle operators in Michigan must observe all the same rules of the road as operators of other vehicles, including the obligation to exercise a reasonable duty of care while on the roadways. There are also several state laws that apply specifically to the operation of motorcycles:

Operators aged 21 and older who have at least $20,000 in motorcycle personal injury protection (PIP) insurance coverage and have either held a motorcycle endorsement for at least two years or passed a motorcycle safety course may ride without wearing a helmet. All other riders must wear one
Lane splitting is against the law in Michigan. Lane splitting is the practice of riding a motorcycle between two lanes of traffic moving in the same direction
Passengers are prohibited on motorcycles unless the cycle is designed to accommodate one, with footrests or pegs for both the operator and passenger
Passengers must always wear a helmet unless they are age 21 or older and meet the same PIP coverage minimum in addition to the operator
The operator must have no obstructions that would prohibit keeping both hands on the handlebars at all times.
The motorcycle may not impede vehicular or pedestrian traffic at any time

How is Fault Determined in a Motorcycle Accident?

Michigan is considered an at-fault state for insurance, which means that the person responsible for causing the crash is also responsible for paying compensation for property, bodily injury, and wrongful death damages to those who have been injured or killed.

Michigan’s Modified Comparative Fault Rule

Michigan also adheres to the rule of modified comparative fault. This means that any settlement or damages awarded will be reduced by the percentage of fault assigned to you. If you are found to be 50% or more at fault, you are prohibited from any compensation from the other driver.

For example, assume that you were injured in an accident and the other driver’s bodily injury liability limits are $100,000. If the jury decides to award you the policy limits at trial, you would receive the full award if the other driver was found to be 100% at fault for the accident. However, if you are assigned 20% fault for the crash, your award would be reduced by 20%. In this example, that would be a $20,000 reduction, meaning you would only be eligible to collect $80,000 in compensation.

What To Do If Your Loved One Has Been in a Motorcycle Accident

If your loved one was incapacitated due to injuries suffered in a motorcycle accident and is unable to assert a personal injury claim on their own, a claim can be asserted on their behalf. In Michigan, you would need to petition the probate court for an appointment as next-friend, guardian, or conservator of the incapacitated person. Any settlement of a claim or jury award must be approved by the court.

Filing a Wrongful Death Claim

If your loved one was killed, the personal representative of the decedent’s estate may file a wrongful death action. If the decedent has no will and no personal representative, the court will appoint one to pursue the claim on behalf of the surviving spouse, children, parent, grandparents, or siblings. If there is no will, any recovery will be subject to the laws of intestate succession.

Proving Negligence

Establishing the negligence of the other party and minimizing findings of negligence on the part of your loved one will be critical to your ability to recover damages on their behalf. The cost of taking care of an incapacitated loved one, or in the wake of their death, can be devastating. You must prove that the other driver owed a duty of care, that they failed to uphold that duty, and that you or your loved one suffered injuries and incurred damages as the result of that failure.

What Does a Motorcycle Accident Lawyer Do?

Working with a Detroit motorcycle accident lawyer is the best way to ensure you get fair compensation. Unfortunately, some insurance companies will deny your claim unfairly unless you have a legal team on your side. There are many ways our attorneys can assist with your case, including:

Gathering Evidence

The more evidence you have, the more compelling your case is. Our team will gather medical records, witness testimonies, and other items to prove your case.

Negotiating With Insurance Companies

If an insurance company refuses to pay you what you are owed, our team can contact them on your behalf. We have years of experience using negotiation tactics to get you the maximum compensation.

Representing You in Court

While most personal injury cases are settled outside of court, there is a chance your motorcycle accident claim could go to trial. If going to court is the best way to get the compensation you deserve, our team will prepare your evidence and present it before a judge on your behalf.

You Deserve To Have An Experienced Attorney On Your Side

People often jump to the conclusion that the motorcycle operator was the negligent driver in a crash, even when that is oftentimes not the case. Insurance company attorneys will work diligently to try to prove that the motorcycle operator bears the majority of fault.

An experienced and knowledgeable personal injury attorney knows how to fight back against the insurance companies by investigating the circumstances of the crash, interviewing witnesses, retaining medical and crash reconstruction experts, and documenting evidence that proves liability on the part of the other driver. Without building a strong case, you risk the denial of your claim and could lose your opportunity to garner compensation.

If you or someone you know has been injured in a motorcycle accident, don’t face this challenge on your own. You deserve to have a skilled personal injury attorney in your corner who can protect your rights and advocate for you inside and outside the courtroom. To learn more about how Ratton Law Group PC can help with your case, call (313) 631-0502 or reach out today to schedule a free case consultation.

Detroit Motorcycle Accident Attorneys