- February 28, 2024
When a motorcycle accident happens, there are several things to consider, including who might be at fault for the crash. This is more so when the accident involves a car, truck, or pedestrian and a motorcycle. Identifying the at-fault party also helps determine who to file a claim against.
In this blog, our motorcycle accident lawyers at Goodman Acker, P.C., discuss how to determine fault after a motorcycle accident and who pays for damages. If you or a loved one has been the victim of a motorcycle collision, our lawyers can help you review the case facts and commence the compensation process.
Call us at 248-286-8100 to speak with one of our attorneys.
Why Choose Our Motorcycle Accident Lawyers?
Motorcycle accident cases are complex, and it is often challenging to identify the at-fault party. This is why you need the experienced attorneys at Goodman Acker, P.C. Our legal team has a winning track record representing motorcycle accident victims and has won millions of dollars in settlements and verdicts.
At Goodman Acker, P.C., we have a 99% success rate, and our clients are pleased with our representation.
We will carefully examine your case facts to help you identify the at-fault party, and we will handle your claim while you focus on recovering. We are compassionate and aggressive and will not relent until we obtain a favorable outcome. Our initial consultations are free, so call us at 248-286-8100 to schedule one.
How Is Fault Determined After a Motorcycle Accident?
In motorcycle accident cases, it is commonly believed that the driver of a vehicle or truck is the one at fault. But this is not always the case. Often, motorcycle riders cause vehicle collisions when they blatantly disrespect road rules and traffic signs.
However, this does not mean that a motorcyclist or a driver can instantly be deemed liable for an accident. To know who is at fault, you must carefully examine the facts leading to the accident and the evidence from the crash scene.
The evidence needed to determine fault includes the following:
Accident Report
The accident report is prepared by the police when they arrive at the crash scene. It lists the parties involved in the accident, the investigating officer’s conclusion on how the crash happened, witness statements, and who they believe is at fault.
Photos and Video of the Accident
Images of the point of contact between the car and the motorcycle also help to establish who is at fault. Video footage is beneficial as it shows the vehicles’ positions and the parties’ actions before the collision. A clear video image often removes any contention on who the at-fault party is.
Witness Statements
Witnesses see how an accident happens. They can help establish who is at fault and often see things from an angle that a traffic or surveillance camera did not cover. Although the investigating officers will talk to witnesses, sometimes they leave the scene before the police arrive. So, if your injuries permit, get the contact details of witnesses before they leave the scene.
Accident Reconstructionist’s Report
When there is no video footage or eyewitness, the report of an accident reconstructionist is vital. A reconstructionist can determine how an accident happened and identify the at-fault party. Their testimony carries a lot of weight as they are considered experts.
Who Pays for Damages After a Motorcycle Accident?
Generally, Michigan is a no-fault state for car accidents. However, the no-fault law does not apply to motorcycles. This is because the state does not consider motorcycles as vehicles. So, since motorcycles are not vehicles, and motorcyclists are not mandated to have a no-fault insurance policy, who pays for damages after an accident?
It all depends on who is at fault. If the motorcyclist is at fault, they will likely face a compensation claim from the injured car driver. However, drivers can rely on personal injury protection (PIP) from their no-fault insurance plan. When filing a claim for benefits under no-fault insurance, you don’t have to worry about who is and isn’t at fault.
If you are an injured motorcyclist who is not at fault, you can sue the at-fault driver for compensation. As a driver who did not cause the crash, you can rely on your PIP coverage or file a lawsuit against the negligent motorcyclist.
Motorcyclists and drivers without no-fault insurance coverage can also recover damages through the Michigan Assigned Claims Plan.
Whatever the case, ensure you have legal representation, as the at-fault party’s insurance company may want to shift some of the blame to you, as seen in most motorcycle accident claims.
Determining Fault in Motorcycle Accidents FAQs
Questions often arise after a motorcycle accident, and we answered some of the common ones below.
What Compensation Can I Receive From the At-Fault Party in a Motorcycle Accident?
You can receive economic and non-economic damages, covering medical expenses, lost wages, pain and suffering, mental anguish, etc. In some cases, you can ask for exemplary damages to punish the one who caused the accident.
Does No-Fault Insurance Apply to Motorcycle Accidents?
No. Motorcycles are not considered vehicles in Michigan, so riders are not mandated to have no-fault insurance coverage. But they can have motorcycle liability insurance.
How Long Do I Have to File a Motorcycle Accident Claim?
You have three years from the accident date to file a lawsuit. You cannot recover damages from the at-fault party if you miss the deadline.
Can I Still Recover Damages If I Was Partly at Fault for a Motorcycle Accident?
Michigan is a comparative negligence state, so you can still recover compensation after a motorcycle accident you were partly at fault for. But your liability must not be more than 50%.
Book a Free Case Review With Goodman Acker, P.C.
Motorcycle accident cases in Michigan are incredibly complicated and require a deft hand and years of experience. At Goodman Acker, P.C., our Detroit motorcycle accident attorneys are here to provide you with passionate advocacy and a thorough understanding of your options as a victim. Call 248-286-8100 to schedule a free case evaluation.