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Flint Motorcycle Accident Lawyer

Motorcycle accidents happen every day. Unfortunately, motorcycle accident victims do not tend to walk away with minor scrapes and bruises. Motorcyclists simply do not have the same level of protection that those in cars and trucks do, so statistically, they do not tend to fare as well. In addition to that, they are often the victim of negligent drivers on the road since they are harder to see than a larger vehicle.

Medical expenses, lost wages, and serious injuries are common in a motorcycle accident. If you or a family member have been injured in a motorcycle crash in Flint, MI, the injured party may be legally entitled to compensation for expenses and more from the at-fault driver. A motorcycle accident lawyer can provide legal representation and counsel to build your personal injury case. The Law Offices of Christopher Trainor & Associates invite you to a free consultation for your claim so you can be aware of your rights and options.

Why You May Be Entitled to Damages After a Flint, Michigan Motorcycle Accident

Each state has its own laws regarding liability in vehicle accidents. Michigan is a no-fault state. Here, insurance typically requires the injured driver to file a claim with their own insurance to receive compensation for part or all of their medical bills, lost wages, and other damages that occurred as a result of the accident. However, when a motorcycle is involved, it complicates the situation.

Getting compensation after a motorcycle crash in Michigan is trickier than you might guess. That's because the state doesn't count motorcycles as regular vehicles. If a biker gets hurt, they can only get certain benefits if they crash with a car or truck. But there are other ways for bikers to get financial compensation if they get hurt in a crash.

When the accident involves two motorcycles, or the motorcyclist loses control of his motorcycle, the motorcyclist is not entitled to these no-fault PIP benefits. The exception is when the motorcyclist has purchased no-fault PIP insurance, which in the case of motorcylists is extremely rare.

A Flint motorcycle accident lawyer is familiar with state, county, and city laws. Serving Flint, MI, and all of Genessee County, Christopher Trainor & Associates is equipped with the knowledge, professionalism, and experience to successfully advocate on your behalf.

Causes of Motorcycle Accidents

About 70% of motorcycle accidents occur at intersections due to the driver not seeing the motorcycle. Due to the motorcycle’s smaller size in comparison to the motor vehicle, drivers can misjudge how fast a motorcyclist is traveling, turn into their path, and collide.

A successful motorcycle accident case must first prove the cause of the crash and establish who was responsible for it happening. The best way to do so is by having a Flint motorcycle accident lawyer work on your case.

Factors in Michigan Motorcycle Accidents

Being aware of the causes and factors of motorcycle accidents can help you stay safe on the road. Like in car accidents and other types of accidents, many motorcycle accidents are due to another’s negligence. Distracted driving by motorists as well as alcohol consumption are also top factors.

In the state of Michigan, the most common causes of accidents are in line with the country as a whole. Here are some of the reasons motorcycle accidents occur in the United States.

  • Failure to yield right-of-way: When motorists misjudge the space between them and a motorcycle in a left-hand turn, the motor vehicle can collide with the motorcycle.
  • Head-on collisions: The most fatal type of motorcycle accident, these often result in instantaneous death or death following the critical injuries of the motorcyclist. And in most cases, the motor vehicle strikes the motorcyclist from the front.
  • Speeding: The high speed of the motorist and/or the motorcyclist leaves little to no time to react and take preventive measures. The higher the speed of either or both, the greater the risk of the motorcyclist experiencing serious injuries from the collision with the motor vehicle.
  • Unsafe lane changes: This occurs when a driver fails to check their mirrors or use their turn signal, failing to be aware of or warn the motorcyclist before suddenly moving in front of them.
  • Driving under the influence: It is a well-known fact that alcohol reduces one’s judgment capacity and reaction time, no matter how much one may believe they can be safe on the road while under the influence. Intoxicated drivers put themselves and especially others at risk of fatal motorcycle accidents as well as heavy legal consequences.
  • Road hazards: Even minor obstructions in the road, potholes, small animals, puddles, and slippery or uneven surfaces can quickly cause a motorcyclist to lose control due to the motorcycle’s stability and size.
  • Weather conditions: Inclement weather creates unsafe road conditions, such as rain, snow, and black ice. A motorcyclist can suddenly strike a patch of ice and fall or swerve onto oncoming traffic or off the road. Without the protection of a motor vehicle, they can sustain serious injuries and even death.

Paying attention to the weather and to traffic reports can alert you to any risks ahead of time in Michigan. However, even the safest motorcyclist cannot always prevent an accident.

In the event you are injured in a motorcycle crash, these factors are essential to include when creating your case. A motorcycle accident lawyer from our law firm can be a dependable source for investigating and researching your claim as well as filing it on time.

Motorcycle Accidents by the Numbers

A total of 83,000 motorcyclists sustained injuries in 2021, which translated to 468 injuries per a hundred million vehicle miles traveled during that year. In 2020, 36% of motorcyclists were riding without valid motorcycle licenses at the time of the crashes, according to the Department of Transportation. Motorcycle accident deaths occur at 28 times the rate of other types of fatal crashes in the United States.

Any type of collision between a motorcycle and any motor vehicle is likely to result in serious injuries or death. Generally, motorcyclists are already 27 times more likely to be killed in a traffic crash than passenger car occupants, and 56% of all motorcycle-related deaths involve motorcycle crashes with other motor vehicles. However, certain vehicles are deadlier to collide with than others. Pickup trucks are most dangerous for both other drivers as well as motorcyclists, and truck accidents have some of the highest traffic fatality rates. Due to motorcyclists not having seat belts, airbags, and the enclosure of a motor vehicle, there is always a greater risk for motorcyclists than other motorists.

Michigan Motorcycle Accident Rates

The data from the Michigan State Police from 2012 to 2022 shows a shocking twist. Although the number of motorcycle crashes decreased from 3,600 to 3,158, fatalities increased from 129 to 173.

What could be the reason? It turns out that new legislation allowed those over the age of 21 to ride without helmets, making their usage purely optional rather than a legal requirement subject to penalties if not followed. During the decade following this change, fatal motorcycle crashes increased by 34 percent. Also, more than half of the people killed in motorcycle accidents in 2022 were not wearing a helmet.

A motorcyclist does not have the same physical protections as a motor vehicle driver, but a helmet is essential for avoiding serious injuries to the face, head, and brain. Even if the motorcyclist doesn’t experience a direct strike to their upper extremities, they may fall and bounce off the pavement.

In 2021, Michigan motorcyclists were 21 times more likely to die in a car crash than passenger-related occupants, based on vehicle miles traveled. 78% of the motorcyclists killed that year were reportedly riding straight ahead just prior to the accident.

These statistics indicate high risks, but motorcyclists can take measures to decrease their odds of getting seriously injured. Both operators and passengers alike must do their part to be responsible riders and make sure they wear helmets and other protective gear. The National Highway Traffic Safety Administration as well as the National Safety Council agree that wearing motorcycle helmets can prevent serious injury and death. A helmet uses the foam and shell to dissipate energy and reduce the force of impact to the head, with an effective rate of 67% in preventing head injuries, 37% in preventing death to motorcyclists, and 41% in preventing death to passengers.

Most Dangerous Areas in Michigan for Motorcyclists

Many personal injury claims involving Flint motorcycle accidents tend to occur in certain areas, especially at intersections. Some of the most dangerous areas with the most risk of experiencing a Flint motorcycle crash are:

  • Lapeer Road and South Dort Highway
  • East Court Street and South Dort Highway
  • North of the Flint River: Between Expressways 75 and 23 on the West and Expressway 475 on the East and North
  • Davison and Richfield Roads: East of Expressway 475
  • South Flint: From the south of Expressway 69 to Atherton Road
  • Genesee County: Corunna Road at South Linden Road in Flint Township

If you were injured in a Flint motorcycle accident, you need a Flint motorcycle accident lawyer. It is important to devote as much time to your recovery as possible, and the way to do that is by having legal representation. Flint motorcycle accident lawyers are familiar with the city and can use their knowledge of at-risk areas and investigative powers to research all factors that could have contributed to the crash that caused your injuries.

A free consultation at our law firm can help you understand what your options are. We will listen to the details of your case and advise you on the best next step.

Common Injuries in Motorcycle Accidents

A motorcycle accident can result in injury to the skin, bones, and internal organs. Certain types of injuries are more common than others due to the nature of being a motorcycle operator or passenger as opposed to say, a driver or passenger in a truck accident. The most common injuries are as follows:

  • Road rash
  • Broken bones
  • Head and neck injuries
  • Spinal cord injury and paralysis
  • Broken jaw
  • Eye injuries
  • Facial injuries
  • Thoracic (chest) injuries
  • Lung lacerations
  • Heart lacerations
  • Rib and other fractures
  • Abdominal injuries
  • Muscle damage
  • Burns
  • Arm injuries
  • Pelvic injuries
  • Leg injuries
  • Internal bleeding
  • Soft tissue injury
  • Amputation
  • Whiplash
  • Disfigurement
  • Emotional trauma

It is also common for victims to sustain multiple types of injuries. Overall, the two most common pedestrian accident injuries are road rash and injury to the lower extremities, including the legs and feet, according to the NHTSA, and the same is true for motorcycle accident injuries.

Who Is Most Likely to Be Injured in a Motorcycle Accident?

The NHTSA has found that the odds of a motorcyclist having an accident are 1 in 100. The lifetime risk of someone dying in a motorcycle accident National Safety Council is 1 in 747, according to the National Safety Council. Compared to the 20% odds of injury or death in a car accident, that of a motorcycle accident is 80%. Also, 56% of all motorcycle-related deaths involve motorcycles and other vehicles, rather than motorcycles alone.

With that being said, certain demographics are more likely to die in a motorcycle crash. In 2024, 25 to 29 year-olds show the highest rates of motorcycle accident fatalities.

There are also certain common injuries depending on the demographics of the motorcyclists. Compared to their younger counterparts, older riders sustain significantly higher incidences of chest injury compared to their younger counterparts.

Our Flint personal injury team can help anyone who was injured in a motorcycle accident. We will handle your case from start to finish, so you can rest assured that your medical bills, medical expenses, lost wages, and suffering are properly accounted for while you recover from the motorcycle crash.

Motorcycle Accident Damages You Can Claim Under Michigan Law

When someone sustains any type of motorcycle accident injury in Flint MI, Michigan law states that their legal rights include entitlement to compensation for multiple types of damages from a negligent driver.

  • Medical bills
  • Lost wages
  • Treatment and rehabilitation for serious injuries
  • Future medical expenses or expenses you pay out-of-pocket for
  • Mental anguish

Like certain other types of personal injury cases, property damage to a motorcycle or a motor vehicle is also likely to occur in a motorcycle accident. Any personal property damage along with physical and other damages must come into consideration when filing your motorcycle accident claim with the insurance company.

Michigan law requires that Michigan motorcyclists must use the following when riding on roadways in the state:

  • A windshield, a face shield, or shatterproof goggles when traveling more than 35 miles an hour
  • A permanent seat, a rearview mirror, working, stop lights, tail lights, a muffler, a horn, and front and rear brakes
  • A valid driver’s license with a motorcycle endorsement (CY)

Two types of motorcycle accident lawsuits exist in Michigan:

  • Pain and suffering lawsuit
  • Lawsuit for no fault benefits

A wrongful death act allows the deceased motorcycle accident victim's surviving family members or their estate to pursue a wrongful death The Michigan Wrongful Death Act also allows a wrongful death claim for the full value of the life of the deceased, to be awarded to either the surviving family members or designated representatives of the deceased's estate:

  • Spouse
  • Child
  • Stepchild
  • Parent
  • Sibling
  • Person designated in the will
  • Heir (if no will exists)
  • Devisees under the will

To obtain an idea of the damages you may be entitled to, consider scheduling a free consultation with Christopher Trainor & Associates. We serve Flint, MI, and the greater Genesee County for victims of car accidents, including Michigan motorcycle accident victims.

Who Pays for Repairs to My Damaged Motorcycle?

In any motorcycle accident case, you must always contact your motorcycle insurance company. When it comes to property damage and injuries caused to the other driver, your insurance company pays from your liability insurance.

Q: Under the no-fault system, how long am I entitled to receive no-fault benefits?

You must carry no fault insurance to have allowable medical coverage of hospital bills, including care, recovery, rehabilitation, and replacent services resulting from your motorcycle injury. PIP also covers some funeral expenses when Flint motorcycle accidents result in the death of the motorcyclist or passengers. Thre is no limit to no fault benefits save with regard to lost wages, which are covered for up to three years.

Q: What if the driver has little to no coverage?

In some motorcycle crashes, the other driver may either not carry no fault insurance or have already exhausted their medical coverage limit. To legally opt out of PIP medical coverage, a motorist must not only have both Parts A and B of Medicare but all of their household members must be covered by PIP under another auto policy or have qualified health coverage.

If you are in such a situation in Flint MI, the sensible thing to do is to seek a free case evaluation from a personal injury lawyer who is knowledgeable and experienced in cases involving motor vehicles, especially motorcycle accidents.

Q: Do I have a motorcycle accident case?

If you were in a motorcycle wreck with any injured victims, including yourself, you must meet specific criteria. That is, you must have sustained very serious injuries. Any injury must be proven to have caused impairment of physical function, such as:

  • Broken bones
  • Traumatic brain injury
  • Severe burns covering a significant portion of the body
  • Loss of limbs or amputation
  • Loss of eyes or ears, resulting in blindness or deafness
  • Disfigurement
  • Spinal cord injuries or paralysis

If you are filing for pain and suffering damages, you must prove that the crash was a result of a negligent motorist. This type of claim is also known as a tort claim, negligence claim, or third-party claim.

Advantages of an Experienced Flint Motorcycle Accident Attorney

When you have legal representation from an experienced Flint motorcycle accident lawyer, you get several advantages.

Hiring a Flint, Michigan motorcycle accident attorney provides the advantage of legal expertise tailored to the state's specific laws regarding such incidents. They possess deep knowledge of Michigan's regulations, ensuring that your case is handled effectively within the confines of the law. Their familiarity with local statutes can significantly bolster your chances of obtaining fair compensation.

An attorney will handle all communication with insurance companies on your behalf, alleviating the stress of dealing with them directly. This not only saves you time and effort but also ensures that your rights are protected throughout the claims process. With their experience in negotiating with insurers, attorneys can work towards securing a settlement that accurately reflects the extent of your injuries and losses.

In the event that negotiations with insurance companies fail to yield a satisfactory outcome, a motorcycle accident attorney is prepared to take your case to court. They will represent you effectively, presenting a compelling argument in support of your claim and advocating for your best interests before a judge and jury. Having legal representation in court provides you with a strong ally who is dedicated to achieving a favorable outcome on your behalf.

Remember, insurance claims are a difficult, tedious process. To quickly and efficiently file a claim for economic damages and other benefits in your Flint motorcycle accident case, consult an experienced attorney from our law firm. We are knowledgeable in all aspects of cases involving motorcycle accidents.

File Your Motorcycle Accident Claim with Us

Motorcycle accidents have a deadline to file a claim. If you have been injured in a Flint motorcycle accident, you must file your case within three years, but preferably much sooner. Evidence fades as time passes, so its best to consult a lawyer in the days following your accident.

Call the Law Offices of Christopher Trainer & Associates at (248) 886-8650 or contact us using the online form today to receive a free case evaluation, as no two Flint motorcycle accidents are alike. Our law firm will work to obtain full compensation for your injuries or for you and other surviving family members of the deceased motorcyclist.

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