20-year-old Shelby motorcyclist dies after OWI Oceana County crash
A 20-year-old Shelby man died after a crash involving two motorcycles Sunday night in Oceana County.
The crash happened around 10:07 p.m. Sunday, July 5, on Woodrow Road near South 112th Avenue in Shelby Township, according to the Oceana County Sheriff’s Office.
The Sheriff’s office said both motorcycles were heading west on the dirt portion of Woodrow Road. The second motorcyclist was performing a wheelie when he struck the rear of the motorcycle in front of him.
The second motorcyclist, a 20-year-old Shelby man, suffered critical injuries. He was taken to the Oceana County Airport, then flown to Corewell Health Butterworth Hospital in Grand Rapids. He later died from his injuries.
The lead motorcyclist, a 23-year-old New Era man, was arrested on suspicion of operating while intoxicated and lodged at the Oceana County Jail.
Sheriff Craig Mast said the two men knew each other and were riding together. The Shelby man was driving a 2018 Yamaha WR250, described as a dirt bike or enduro style motorcycle. The New Era man was driving a 2012 Harley-Davidson.
According to 911 dispatch information, the Shelby man was not wearing a helmet and suffered a head injury.
The crash remains under investigation.
Legal options after a fatal Michigan motorcycle crash
Fatal motorcycle crashes can raise no-fault, wrongful death, insurance and fault questions.
Michigan no-fault benefits work differently for motorcycle crashes than they do for people injured while riding in cars. Under MCL 500.3114, a motorcycle operator or passenger injured in a crash involving a motor vehicle may have a specific order of priority for claiming Personal Injury Protection benefits.
That analysis may be different when the public information describes a crash involving only motorcycles. Coverage may depend on the vehicles involved, available insurance policies and the specific facts of the crash.
A separate claim for noneconomic losses usually requires a claim against an at-fault person. Under MCL 500.3135, that type of claim may be available when injuries involve death, serious impairment of body function or permanent serious disfigurement.
Can an OWI arrest affect a motorcycle crash claim?
Yes. An OWI arrest can impact a claim, but it does not automatically decide civil liability.
Under MCL 257.625, Michigan law generally prohibits operating a vehicle while intoxicated or visibly impaired. A criminal charge, guilty plea, conviction, breath test, blood test or officer observations may become important evidence in a civil case.
Fault may depend on whether impairment, speed, following distance, road conditions, the wheelie, visibility or another factor caused or contributed to the crash.
Get help from Michigan Legal Center
Michigan Legal Center is the Law Offices of Christopher J. Trainor & Associates. Our attorneys help injured people and families across Michigan with personal injury, motorcycle crashes, no-fault claims, insurance disputes, serious injury claims and wrongful death cases.
If you or a loved one was injured in a Michigan motorcycle crash, call Michigan Legal Center at (248) 886-8650 or contact Michigan Legal Center for a consultation.
There is no attorney fee unless money is recovered for you. Case costs and fee terms are governed by the written fee agreement.
Michigan Legal Center can help you navigate the issues involved in claims such as this with Michigan motorcycle accident claims, Michigan car accident medical bills and PIP priority and Michigan wrongful death deadlines. ```