Have you been harmed by a motor vehicle while riding your motorcycle in Lansing, Michigan? You could be entitled to compensation. Call The Law Offices of Christopher Trainor & Associates to schedule a free case review to learn more about your options moving forward.
Many people perceive motorcycle riders as engaging in risky behavior, leading to the misguided assumption that motorcyclists are typically to blame for accidents. However, the facts tell a different story: the majority of motorcycle accidents are caused by drivers of other vehicles.
It is true, however, that motorcyclists face a significantly higher risk of injury or death in accidents due to the lack of safety features on their vehicles. Riders are 35 times more likely to be killed in an accident compared to those in passenger vehicles. Shockingly, 80% of motorcycle accidents result in death or serious injury for the rider, whereas the corresponding figure for passenger vehicles is approximately 20%.
If you've been seriously injured in a motorcycle crash through no fault of your own, the Lansing motorcycle accident lawyers at the Law Office of Christopher Trainor & Associates are here to assist you in filing a claim and, if necessary, pursuing a motorcycle accident lawsuit.
In one recent year, 2,723 motorcycle accidents took place throughout Michigan
Those accidents resulted in the deaths of 122 motorcycle riders and caused injuries to another 2,176
Of the 122 fatalities, four were caused by mobile phone use, and 36 were caused by drivers under the influence
The fatality rate for all Michigan drivers is one for every 100 million vehicle miles traveled. For motorcyclists alone, however, that rate jumps to 16.2
Although motorcycles comprise less than 0.3% of all vehicles registered in the state, they are involved in more than 1% of all motor vehicle accidents
On average, a Michigan motorcycle rider is injured every 4 hours and 2 minutes, and their injuries are proportionately more serious than the injuries sustained by those in passenger vehicles
Motorcycle Safety Gear Statistics
Personal safety gear and a high degree of visibility play a major role in the outcome of Michigan motorcycle accidents. According to the Motorcycle Safety Foundation, motorcycle riders should use high-visibility protective gear and equipment, including:
Brightly colored helmets
Protective face shields or eyewear
Reflective or bright high-vis clothing
Long sleeves and pants made of leather or a comparably thick material
Riding boots
Gloves
Michigan OHSP statistics reveal that:
In 44.3% of all fatal motorcycle accidents, the rider is not wearing a helmet
The fatality rate of motorcyclists who do not wear a helmet is 2.8% higher than those who do
Common Causes of Lansing Motorcycle Accidents
As with throughout Michigan and the United States, a variety of factors cause motorcycle accidents in Lansing. Some common causes of motorcycle accidents in Lansing and other areas include:
Distracted Driving: Drivers who are distracted by activities such as texting, talking on the phone, eating, or adjusting the radio are a significant hazard to motorcyclists. They may fail to see motorcycles in their blind spots or when changing lanes, leading to collisions.
Failure to Yield: Drivers who fail to yield the right-of-way to motorcycles at intersections, while merging, or when making left-hand turns can cause serious accidents. Motorcycles may be more difficult for drivers to see, especially in heavy traffic or poor weather conditions.
Speeding: Excessive speed is a common factor in many accidents involving motorcycles. Speeding reduces a driver's ability to react to hazards and increases the severity of collisions, particularly for motorcyclists who lack the protection of an enclosed vehicle.
Unsafe Lane Changes: Drivers who make sudden or unsafe lane changes without checking their blind spots or signaling properly pose a significant risk to motorcyclists. These maneuvers can lead to sideswipe collisions or force motorcyclists off the road.
Driving Under the Influence: Alcohol and drugs impair a driver's judgment, coordination, and reaction time, making them more likely to cause accidents. Motorcyclists are particularly vulnerable to the actions of drunk drivers due to their lack of protection.
Poor Road Conditions: Potholes, uneven pavement, gravel, debris, and other road hazards can be especially dangerous for motorcyclists, causing them to lose control of their bikes and crash.
Inexperienced or Reckless Riding: Motorcyclists who lack experience or engage in reckless behaviors such as lane splitting, weaving in and out of traffic, or excessive speeding increase their risk of being involved in accidents.
Vehicle Blind Spots: Motorcycles are smaller and less visible than other vehicles, making them more susceptible to being overlooked in drivers' blind spots. This can result in collisions when drivers change lanes or merge without properly checking their surroundings.
Weather Conditions: Adverse weather conditions such as rain, snow, ice, or fog can reduce visibility and traction, increasing the likelihood of accidents involving motorcycles.
Awareness, caution, and adherence to traffic laws are essential for reducing the risk of accidents and protecting everyone on the road.
Michigan’s Motorcycle Helmet Law
Michigan has a motorcycle helmet law. However, the law is somewhat unique compared to other states. Here is a brief overview of how helmet laws work in our state currently and in the past.
Universal Helmet Law: Michigan previously had a universal helmet law, requiring all motorcycle riders and passengers to wear helmets while operating or riding on a motorcycle. This law was in effect from 1969 to 2012.
Partial Helmet Law: In 2012, Michigan amended its helmet law to become a partial helmet law. Under the current law, motorcycle riders and passengers are required to wear helmets only if they are under the age of 21. Riders and passengers aged 21 and older are not required to wear helmets if they meet certain conditions:
The rider has had a motorcycle endorsement on their operator's or chauffeur's license for at least two years or has passed a motorcycle safety course.
The motorcycle operator or rider has at least $20,000 in first-party medical benefits coverage in the event of an accident.
The motorcycle operator or rider is covered by a health insurance policy providing coverage for injuries sustained in a motorcycle accident.
Passengers riding with an exempt operator must also meet the same conditions.
Helmet Exemption Stickers: Riders and passengers who meet the above conditions and choose not to wear helmets are required to carry and display a $20,000 medical insurance coverage certificate with them or have a motorcycle helmet exemption sticker on their motorcycle license plate.
Motorcycle riders and passengers in Michigan need to be aware of the state's helmet law and ensure they comply with its requirements to avoid potential fines or penalties. Additionally, even though helmets are not required for all riders and passengers in Michigan, wearing a helmet is strongly recommended as it can significantly reduce the risk of head injuries and fatalities in motorcycle accidents.
Proper use of motorcycle helmets saved roughly 1,872 lives in one recent year
About 749 additional lives could have been saved if every rider had been wearing a helmet
Helmet use saved around $21 billion in comprehensive costs and $3.5 billion in economic costs in that same year
Seeking Compensation When You Weren’t Wearing a Helmet
In Michigan, being involved in a motorcycle accident without wearing a helmet does not automatically disqualify you from seeking compensation for your injuries. However, not wearing a helmet could potentially impact your ability to recover damages or the total amount you can get, depending on the circumstances of the accident. Factors that could affect the outcome of your injury claim include:
Comparative Negligence: Michigan follows a comparative negligence system, which means that your compensation may be reduced if you are found to be partially at fault for the accident. If not wearing a helmet contributed to the severity of your injuries, a court may assign a percentage of fault to you, which could result in a reduction of your compensation.
No-Fault Insurance: Michigan is a no-fault insurance state for car accidents, but this system does not apply to motorcycle accidents. However, if you have optional personal injury protection coverage as part of your motorcycle insurance policy, it may cover medical expenses regardless of fault, including injuries sustained in a motorcycle accident.
Injuries and Damages: Regardless of whether you were wearing a helmet, you may still be entitled to compensation for your injuries and damages resulting from the accident. This could include medical expenses, lost wages, pain and suffering, and other economic and non-economic damages.
Insurance Coverage: The availability of insurance coverage, including liability insurance held by the at-fault party or your own uninsured/underinsured motorist coverage, may also affect your ability to recover compensation for your injuries.
Legal Representation: Consulting with a knowledgeable personal injury attorney who understands the laws and regulations governing motorcycle accidents in Michigan is crucial. An attorney can assess the circumstances of your case, advocate on your behalf, and help you pursue the maximum compensation available to you.
Motorcycle cases can be complex, so it is in your best interest to consult with a Lansing motorcycle accident lawyer from the Law Offices of Christopher Trainor & Associates as soon as possible. We will help you understand your rights and options for seeking compensation.
Tips for Avoiding a Motorcycle Accident
To reduce the chances of being injured in a motorcycle crash, riders and their passengers can:
Wear Protective Gear: Always wear a DOT-approved helmet, as well as protective clothing such as gloves, boots, long pants, and a durable jacket with reflective materials to increase your visibility to other motorists.
Practice Defensive Riding: Assume that other drivers may not see you and ride defensively. Stay vigilant, anticipate potential hazards, and be prepared to react quickly to avoid collisions.
Stay Visible: Make yourself as visible as possible to other motorists by using your headlights, wearing bright or reflective clothing, and positioning yourself in the lane where you're most visible to other drivers.
Obey Traffic Laws: Follow all traffic laws, including speed limits, lane markings, and signaling when changing lanes or making turns. Avoid aggressive or reckless driving behaviors that increase your risk of accidents.
Be Aware of Surroundings: Constantly scan your surroundings, check your mirrors, and be mindful of blind spots. Anticipate the movements of other vehicles and be prepared to react accordingly.
Maintain Safe Following Distance: Leave plenty of space between your motorcycle and the vehicle in front of you to allow for adequate stopping distance and reaction time in case of sudden stops or emergencies.
Avoid Riding in Poor Weather: If possible, avoid riding in adverse weather conditions such as rain, snow, or fog, which can reduce visibility and traction, increasing the risk of accidents.
Take a Motorcycle Safety Course: Consider taking a motorcycle safety course to improve your riding skills, learn defensive driving techniques, and stay up-to-date on traffic laws and regulations.
Regular Maintenance: Keep your motorcycle well-maintained and ensure that all lights, brakes, tires, and other essential components are in good working condition to reduce the risk of mechanical failures while riding.
Stay Sober: Never ride a motorcycle under the influence of alcohol or drugs, as impaired riding significantly increases the risk of accidents and injuries.
By following these steps and remaining vigilant while riding, you can reduce your risk of being involved in a motorcycle accident and enjoy a safer riding experience on the road.
Common Injuries Resulting From Motorcycle Accidents
In Lansing, as in other areas, motorcycle accidents can result in a wide range of injuries, some of which are more common than others. Some of the most frequently occurring injuries in Lansing motorcycle accidents include:
Head Injuries: Head injuries, including traumatic brain injuries, concussions, skull fractures, and facial injuries, are among the most common and serious injuries in motorcycle accidents. Even with helmets, riders are vulnerable to head injuries due to the lack of protection compared to occupants of enclosed vehicles.
Road Rash: Avulsion injuries, such as road rash, occur when a motorcyclist's skin comes into contact with the road surface during a crash, leading to abrasions, lacerations, and friction burns. Road rash injuries can vary in severity depending on factors such as speed, clothing, and protective gear worn by the rider.
Fractures and Orthopedic Injuries: Fractures to the arms, legs, hands, feet, ribs, and pelvis are common in motorcycle accidents. These injuries often result from the impact of the motorcycle and another vehicle or object, as well as the rider's attempt to brace for impact or eject from the motorcycle.
Spinal Cord Injuries: Spinal cord injuries can occur when the spinal cord is damaged in a motorcycle accident, resulting in partial or complete paralysis and loss of motor function. These injuries can have profound and life-altering consequences for riders, affecting mobility, sensation, and organ function.
Soft Tissue Injuries: Soft tissue injuries, such as sprains, strains, contusions, and ligament damage, are common in motorcycle accidents due to the forces involved in collisions and the impact of the rider's body against the motorcycle or other objects.
Internal Injuries: Internal injuries, including organ damage, internal bleeding, and abdominal trauma, can occur when a motorcyclist's body absorbs the force of a collision. These injuries may not be immediately apparent but can be life-threatening if left untreated.
Psychological Trauma: Motorcycle accidents can also result in psychological injuries, such as post-traumatic stress disorder, anxiety, depression, and other mental health conditions. These injuries can have long-lasting effects on a rider's emotional well-being and quality of life.
It is important to seek prompt medical attention after a motorcycle accident, even if injuries seem minor, as some injuries may not be immediately obvious or worsen over time.
The Rights of a Motorcyclist Injured by a Negligent Driver
Despite what some drivers seem to think, motorcyclists are owed the same duty of care as other road users. Motorcycle riders who are injured by negligent drivers have the right to seek financial compensation for their damages. Additional rights include:
Right to Compensation: You have the right to pursue compensation for your medical expenses, lost wages, pain and suffering, property damage, and other losses resulting from the accident.
Right to Legal Representation: You are entitled to consult with and retain an experienced personal injury attorney to represent your interests and advocate on your behalf throughout the claims process.
Right to File a Personal Injury Claim: You also have the right to file a personal injury claim against the negligent driver's insurance company to seek compensation for your damages. This may involve negotiating a settlement or, if necessary, pursuing litigation through the court system.
Right to Seek Damages: You can seek various types of damages, including economic damages, such as medical expenses and lost wages, and non-economic damages, such as pain and suffering and loss of enjoyment of life, depending on the circumstances of your case.
Right to Fair Treatment: You have the right to be treated fairly and respectfully by insurance companies, defense attorneys, and other parties involved in the claims process. This includes providing accurate information, timely communication, and fair consideration of your claim.
Right to Due Process: You have the right to due process under the law, including the right to present evidence, cross-examine witnesses, and have your case heard by a fair and impartial tribunal if your claim goes to trial.
Right to Compensation for Future Damages: If you suffer long-term or permanent injuries due to the accident, you can seek compensation for future medical expenses, lost earning capacity, and other future damages.
It is important to understand your rights as a motorcyclist injured by a negligent driver and to take appropriate steps to protect those rights. Consulting with a knowledgeable Lansing motorcycle accident lawyer can help you understand your legal options, navigate the claims process, and pursue the compensation you deserve for your injuries and damages.
Possible Damages Available in a Lansing Motorcycle Accident Case
In a motorcycle accident personal injury case in Michigan, the following types of damages may be available to the injured party:
Economic Damages:
Medical Expenses: Covers costs for hospital stays, surgeries, doctor visits, rehabilitation, and any ongoing medical treatments. Includes future medical expenses related to the injury.
Lost Wages: Compensation for income lost due to the inability to work during recovery. Can also include future earning capacity if the injury impacts the ability to work long-term.
Property Damage: Reimbursement for repairs or replacement of the motorcycle and any other personal property damaged in the accident.
Non-Economic Damages:
Pain and Suffering: Compensation for physical pain and discomfort resulting from the accident. Includes chronic pain, discomfort, and limitations on daily activities.
Emotional Distress: Damages for psychological impact such as anxiety, depression, and post-traumatic stress disorder (PTSD) following the accident.
Loss of Consortium: Compensation for the negative impact on the relationship with a spouse or family member due to the injuries.
Loss of Enjoyment of Life: Damages for the reduction in quality of life and inability to participate in activities previously enjoyed.
Punitive Damages:
In cases of gross negligence or intentional misconduct, punitive damages may be awarded to punish the at-fault party and deter similar behavior in the future.
These damages aim to compensate the injured party for both tangible and intangible losses, ensuring comprehensive recovery and support following a motorcycle accident.
Were You Injured in a Lansing Motorcycle Accident?
Motorcyclists deserve to experience the thrill of riding without suffering due to someone else's negligence. Unfortunately, accidents involving motorcycles often result in severe injuries that require extensive and costly medical treatment. Many motorcycle accident victims are forced to undergo lengthy rehabilitation, therapy, and medical care, which can prevent them from returning to work and lead to significant financial strain. In cases of fatal accidents, families are burdened with overwhelming medical bills and funeral expenses.
At the Law Offices of Christopher Trainor & Associates, our Lansing motorcycle accident lawyers have the expertise and resources to help you pursue the maximum settlement for your damages. Call us right away at (248) 886-8650 or use our online contact form to schedule a free case review.
