Michigan attorney discusses a motorcycle accident in Roseville, MI that left a 36-year old Warren motorcyclist dead and his passenger in critical condition. Police have reported that early this morning, a 36-year old Warren motorcyclist was killed, and his passenger critically injured, in a crash this morning on I-696 in Roseville. The driver exited eastbound I-696 to eastbound 11 Mile Road at “an extremely high rate of speed,” according to a released today by Roseville Police Chief James Berlin. It appears that the cyclist was unable to make a turn at the top of the ramp, and then lost control and slammed into the wall and a fence. Because neither the driver nor the 24-year old woman passenger, who was from St. Clair Shores, were wearing helmets, both suffered head injuries. The woman passenger is currently being treated in a hospital and is in local condition. At this time, the police do not know whether or not alcohol played a part in the crash.
Michigan Wrongful Death Law
Michigan is like many states in that it provides a statutory basis for wrongful death claims. Wrongful death claims are appropriate where a loved one’s death was caused by the negligence or wrongdoing of another. Michigan’s wrongful death statutes allow anyone who has suffered damages as the result of another to recover for that loss. One important qualifier is that all affected individuals must bring their claims in one consolidated action. The estate of the deceased must appoint a personal representative, who will in turn represent both the estate and anyone else who may have a claim to wrongful death benefits.
Relevant law provides that the estate of the decedent may bring an action for wrongful death against any individual, corporation, or other entity which resulted in the death, as long as the death was caused by ‘wrongful act, neglect or fault of another.’ Historically speaking, Michigan law held that when an individual died, any claims he had may have died along with him. This mean that the family or estate of a decedent had no legal action against whoever caused his death, as that right terminated with the decedent, and prevented the pursuance of an pending cases that the decedent might have had at the time of his or her death.
The existence of wrongful death claims in Michigan means that neither of these two legal concepts still hold any weight. Wrongful death law explicitly states that “all actions and claims survive death,” and that in addition to any claims for injuries which result in death, any actions “pending at the time of death” may be amended and continued within the confines of the wrongful death statute.