Michigan state law provides safeguards to the Michigan motorcycle operators and riders, and also imposes some obligations on them. If a motorcycle operator gets injury by accident due to negligence of another vehicle driver, Michigan motorcycle law compels that negligent driver liable for the motorcycle accident. Moreover, injured motorcycle operator can secure compensation. Such compensations can include payment for injury and distress, scar on the body, disfigurement, loss of pleasure of life, financial loss, no fault benefits, and more. However, a motorcycle operator also needs to follow some rules and obey the relevant state laws on motorcycle.
What is Michigan Motorcycle Helmet Law
Under the Michigan Motorcycle Helmet Law, motorcycle operators or riders need wearing crash helmets on their heads. Such crash helmets are to be validated by the MI police department. However, a motorcycle operator is not required to wear a crash helmet on his/her head if he/she meets the following prerequisites:
(a) He/she is twenty one years of age or older;
(b) He/she has had a motorcycle endorsement on his/her operator’s or chauffeur’s license for not less than two years or the person passes a motorcycle safety course;
(c) The operator has effective first-party medical benefits insurance of an amount of minimum $ 20,000.00 payable if he/she falls in a motorcycle accident. If a person is riding on the motorcycle with the operator, each such rider also needs an insurance of a minimum amount of $ 20,000.00 to be exempted from wearing a crash helmet.
No-Fault Insurance Benefits
Since Michigan is a no-fault state, motorcycle operators who encounter accidents enjoy some specific benefits. In case of a motorcycle crashes with a motor vehicle, motorcycle operators are eligible to obtain benefits available under no-fault law. But if the crash happens with another motorcycle, Michigan motorcycle operators and riders do not qualify for benefits available under no-fault law. There is no pecuniary ceiling of the quantity of care to be dispensed. Unrestricted medical reimbursements may be given for life. In case of First-Party no-fault Claim, injured person’s insurance provider usually reimburses them spending for medical treatment, medical mileage, loss of wages, aide needed for care etc.
Negligence
Under the Michigan Vehicle Code “motor vehicle” means a self-driven appliance by which a person or stuff can be carried through a public highway. If an injury is caused by the negligent operation or driving of a motor vehicle, the owner of the motor vehicle shall be liable for the negligence. Such negligence can be made up of a breach of a Michigan statute or the failure to take reasonable precautions to prevent foreseeable injuries to others. However, the owner shall not be held responsible if someone drives the motor vehicle without the owner’s implied or expressed knowledge or consent. If the spouse, father, mother, brother, sister, son, daughter, or any other immediate family member of the owner of the motor vehicle drives the vehicle at the time of the injury, it will be presumed that the person driving the vehicle has obtained the consent of the owner. However, “owner” does not include a person involved in the business of leasing motor vehicles who is the lesser of a motor vehicle in conformity with a lease offering the operate of the motor vehicle by the lessee for a period of more than thirty days.
Illustration of negligence
In any suit, in a court in Michigan if it is corroborated by appropriate evidence, that a motor vehicle running to a definite route, overtakes and strikes the back part of another vehicle moving in the identical way, or standing legally in a highway of Michigan, the first vehicle’s driver or operator shall be considered prima facie (“at first sight”) guilty for negligence. This provision shall applicable to the owner of the first vehicle and to the operator or driver’s employer of that vehicle. The vehicle’s owner, the back part of which is struck in the situations stated above, shall not be able to get the protection of law if the accident happens at night (within the period of one hour after sunset and one hour before sunrise), and the standing vehicle does not light lantern or lamp realistically discernible to the vehicle drivers driving from the back.
Seeking help of a Michigan motorcycle accident lawyer
If a person encountered a motorcycle accident in Michigan, he/she may look for the counsel of a licensed Michigan motorcycle accident lawyer. They help motorcycle accident victims to know the laws of the state that applicable for a certain situation. Michigan Personal Injury Lawyer provides this service for the victims of motorcycle accidents without charging any fees. They charge you fees only after you get compensation for your injury or damages. However, to get justice or to get appropriate compensation, you must contact a lawyer within the soonest possible time after the accident occurrence. After reviewing many motorcycle accident cases, it is observed that the sooner the victim takes help of a lawyer and describes the details of the accident to the lawyer, the more likely the victim is to win the case. This is because, after a gap of long time the victim usually forgets many important details of the occurrence. Moreover, witnesses, medical care providers, and police usually do not keep the memory of the motorcycle accident and occurrence for long.
Contact Goldman & Associates For a Free Consultation
For your convenience, each attorney in Michigan offers a free phone consultation. Contact us today by calling (248) 588-3333 or (877) 737-8800 toll-free. An experienced Michigan motorcycle accident attorney is waiting to speak with you about your legal matters.
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