Is a Motorcycle Accident Case Different?
Motorcycle crashes present unique risks on the road and in the legal process. From insurance coverage to injury severity to making a claim against the at-fault driver, these cases require careful attention and knowledge of the law. Riders in Michigan face hurdles that can impact how claims are handled and what options may be available.
If you’ve been in a Motorcycle crash, it is essential to work with a motorcycle accident attorney who understands Michigan laws that apply to riders and passengers, to address the unique case factors. At Schefman & Associates, we understand that motorcycle cases differ from other injury claims.
Knowing your rights early can make a difference later.
A Rundown on Michigan's No-Fault Insurance System
Michigan's no-fault insurance model means that anyone involved in a car accident typically turns to their own insurance to cover medical bills and lost wages, regardless of who was at fault. However, motorcycles are treated differently.
Under Michigan law, motorcycles aren’t considered motor vehicles for no-fault purposes. That means motorcyclists:
Aren't automatically entitled to personal injury protection (PIP) benefits
Must rely on the insurance policy of the car involved in the accident, if applicable
May not receive benefits if no other vehicle was involved
And may not receive any benefits if the owner/registrant of the cycle failed to obtain the required property insurance as a minimum.
Because of these factors, many motorcyclists are surprised to learn that their bills for treatment of injuries aren't covered in the same way as a driver's injuries would be. At Schefman & Associates, we can review your policy and the facts of your crash to determine where benefits may come from and what claims can be filed.
The Basics of Fault in Motorcycle Accidents
The first goal is to be sure you are getting the medical care you need and the other benefits you may be entitled to. If another driver caused the crash and there is an impact with that vehicle, or if a defective part came off of a vehicle or truckor and struck the operator, or if an unsafe road played a role, you may be entitled to pursue compensation through a liability claim.
This requires evidence. Photos of the accident scene, police reports, eyewitness accounts, and medical documentation can all help establish who caused the crash. Unlike many car crashes, where benefits come through the no-fault system regardless of blame, motorcyclists often have to prove fault to receive adequate financial recovery.
A motorcycle accident attorney can collect and organize this evidence to support your claim for benefits and your claim against another liable party, helping to make sure that your legal case is built on solid ground.
The Physical Toll of Motorcycle Injuries
Without the structure of a car for protection, motorcyclists are more vulnerable during a crash. Even a minor accident can result in lasting, lifetime injuries.
Some of the most common motorcycle injuries include:
Head trauma or traumatic brain injury (TBI)
Broken bones or joint damage
Spinal cord injuries or paralysis
Road rash and other skin damage
Recovering from motorcycle injuries often takes longer and may require extensive care. Some victims can't return to work or their previous lifestyle. Insurance companies may minimize the impact, but a motorcycle accident attorney can help make sure your long-term losses are fully recognized and fully compensated in your case.
Helmet Laws and Their Legal Impact
In Michigan, riders over the age of 21 can choose to ride without a helmet if they meet certain insurance and licensing requirements. However, whether you were wearing a helmet at the time of the crash can still affect your claim.
Even though helmet use is optional under the law for many riders, not wearing one could allow the at-fault party to argue that your injuries were more severe because of that choice. In court, this is called comparative fault. It may reduce how much you recover if the judge or jury agrees that your decisions contributed to your injuries.
A motorcycle accident attorney can help present your case in a way that reflects your right to ride without a helmet, while also focusing on the other party’s role in causing the crash.
Passenger Vehicles in Motorcycle Collisions
Many motorcycle accidents in Michigan occur because car and truck drivers fail to see or properly account for motorcyclists when turning, changing lanes, or passing. The most common source of injury is someone turning left across your path of travel while riding, or someone turning out of a hidden drive.
Motorcycles are smaller and less visible than other vehicles, which makes them easier to overlook. Common causes of motorcycle crashes involving passenger vehicles include:
Sudden left turns in front of a motorcycle
Drivers who don’t check their mirrors or blind spots
Merging or lane changes without signaling
Running a red light or failing to yield
Proving what happened in these crashes is critical. A motorcycle accident attorney can gather the necessary records, reconstruct the accident, and ensure that the other driver's role is clearly documented. And, of course, as they say, loud pipes save lives!
Why Insurance Disputes Are More Likely
Motorcycle insurance coverage is often more complicated than regular car accident cases. Since motorcycles don’t fall under the typical no-fault umbrella, riders may need to look at several policies to determine which ones apply. Disputes with insurance companies are common.
Insurers may try to avoid responsibility by:
Arguing that the rider was speeding or being reckless
Blaming the motorcyclist for not wearing protective gear
Claiming that injuries were caused by something unrelated
Claiming there was no vehicular impact
If no other vehicle involved in your crash can be identified, you may need to rely on uninsured or underinsured motorist coverage, which adds another layer of consideration. A motorcycle accident attorney can review all insurance policies in the household and confirm which ones may provide coverage for your injuries. The amount of no-fault medical coverage will depend on the coverage selected in the policy through which you claim no-fault benefits. If you are not a Michigan resident, you may need to rely on your health insurance to cover your injuries in a motorcycle accident in Michigan because non-residents are disqualified from receiving No-Fault benefits unless they own a vehicle registered and insured in Michigan.
Comparative Fault in Michigan
Michigan follows the rule of modified comparative fault. This means if you’re partially at fault for the crash, the amount you can recover may be reduced. If you’re found to be more than 50 percent responsible, you may lose the right to collect certain types of damages altogether.
Motorcyclists are often misunderstood and blamed by default, especially when the facts may be confusing. These assumptions can hurt your case unless challenged effectively and early.
A motorcycle accident attorney will work to limit any unjust claims of shared responsibility and highlight the facts that show how the crash really happened.
Differences in Available Compensation
Because motorcyclists are often excluded from no-fault PIP benefits, the types of compensation they can recover may vary. In most cases, you may need to file a personal injury lawsuit to recover what you’ve lost.
Common types of damages pursued in a motorcycle accident claim include:
Current and future medical expenses
Lost wages or reduced income potential
Pain and suffering
Long-term rehabilitation costs
These claims require thorough documentation. Medical records, employment files, and professional evaluations may all be used to prove the full value of your losses. A motorcycle accident attorney can help make sure the evidence is complete and presented clearly.
Witness Testimony in Motorcycle Claims
Witnesses are essential in building a strong case. Because motorcycles are smaller and less noticeable, accidents involving them may not be caught on traffic cameras or seen by many people. That makes any available witness statement even more valuable.
A witness can help explain:
What traffic signals or road signs were present
Who had the right of way
Whether the driver or motorcyclist acted recklessly
What conditions, like lighting or weather, may have contributed
Getting statements early, while memories are still fresh, is key. A motorcycle accident attorney can contact witnesses, collect signed affidavits, and use their testimony to help support your version of the events.
Schefman & Associates - your Motorcycle Accident Attorneys
Schefman & Associates in Bloomfield Hills, Michigan, works with motorcyclists throughout Wayne, Oakland, Macomb, Washtenaw, and Genesee Counties to manage injury claims with precision and care and maximise recovery.
Contact us today to discuss your case with a dedicated personal injury attorney.
