If you or a loved one has been injured on a motorcycle in the Sterling Heights, Michigan, area, you should call Christopher Trainor & Associates for a free case review. You could be entitled to significant compensation.
While motorcycles offer a thrilling ride, they also pose significant risks, often leading to severe injuries. Motorcycle accidents occur frequently, causing devastating harm and, tragically, even fatalities. In the aftermath, injured riders not only endure physical pain but also grapple with mounting medical expenses.
Unlike other vehicles, motorcycles lack protective enclosures and safety features, resulting in more severe injuries. If you've been involved in a motorcycle accident in Sterling Heights, MI, and are considering pursuing compensation, our team of skilled accident attorneys is here to assist you.
At the Law Offices of Christopher Trainor & Associates, we specialize in representing motorcycle accident victims. Our experienced Sterling Heights motorcycle accident lawyers are dedicated to helping you secure the compensation you rightfully deserve.
Leading Causes of Sterling Heights Motorcycle Accidents
Some of the leading causes of motorcycle accidents in Sterling Heights are:
- Distracted Driving: Drivers who are distracted by texting, talking on the phone, or other activities are more likely to overlook motorcycles on the road.
- Unsafe Lane Changes: Motorists who fail to check their blind spots or signal properly before changing lanes may collide with motorcycles.
- Speeding: Excessive speeding reduces reaction time and makes it harder for drivers to avoid collisions with motorcycles.
- Failure to Yield: Drivers who fail to yield the right of way to motorcycles, especially at intersections, can cause accidents.
- Drunk Driving: Operating a vehicle under the influence of alcohol or drugs increases the risk of accidents involving motorcycles.
- Left-Turn Accidents: Collisions often occur when drivers turning left at intersections fail to see oncoming motorcycles.
- Road Hazards: Potholes, debris, and uneven road surfaces pose greater risks to motorcycles than to larger vehicles.
- Inexperienced Riders: Novice motorcyclists may lack the skills and experience needed to handle their bikes safely, leading to accidents.
- Vehicle Doors: Opening car doors into the path of an oncoming motorcycle can cause serious accidents, especially in urban areas.
- Weather Conditions: Adverse weather, such as rain or snow, can reduce traction and visibility, increasing the risk of motorcycle accidents.
Why Do Motorcycle Accidents Have Such Severe Consequences for Riders?
Motorcycle accidents often result in severe consequences for riders due to several factors:
- Lack of Protection: Unlike occupants of cars or trucks, motorcyclists lack the protective enclosure of a vehicle. This means they are directly exposed to impacts with other vehicles, the road surface, or roadside objects, leading to more severe injuries.
- Vulnerability: Motorcycles are smaller and less visible than other vehicles on the road, making them more susceptible to being overlooked by other motorists. This increases the likelihood of accidents, especially in situations such as lane changes, intersections, or merging onto highways.
- High Impact Forces: In a collision, the relatively small size and weight of a motorcycle compared to other vehicles mean that riders may experience greater impact forces. This can result in more severe injuries, including fractures, internal injuries, and traumatic brain injuries.
- Ejection: In many motorcycle accidents, riders are ejected from their bikes upon impact. This can lead to additional injuries as they are thrown onto the roadway or into surrounding objects.
- Road Rash: Even in accidents where riders remain on their bikes, they may sustain avulsion injuries, colloquially known as road rash injuries, from sliding along the pavement. These injuries can be severe, causing abrasions, lacerations, and skin infections.
- Single-Vehicle Accidents: Many motorcycle accidents involve only the motorcycle itself, such as in cases of loss of control or hitting road hazards. In such accidents, riders may be thrown from their bikes or pinned beneath them, resulting in serious injuries.
- Helmet Use: While helmets can significantly reduce the risk of head injuries and fatalities in motorcycle accidents, riders who do not wear helmets are at a much higher risk of suffering severe head trauma.
Overall, the combination of factors such as lack of protection, vulnerability, high impact forces, and ejection make motorcycle accidents particularly dangerous and often result in severe consequences for riders.
Is Lane-Splitting Legal in Sterling Heights?
Lane-splitting, also known as white-lining or filtering, refers to the practice of riding a motorcycle between lanes of slow-moving or stopped traffic. Whether lane-splitting is legal or not depends on the jurisdiction. In Michigan, including Sterling Heights, lane-splitting is not explicitly legal.
Michigan law does not specifically address lane-splitting, and it is generally considered to be prohibited. Motorcyclists are expected to follow the same traffic laws as other vehicles, which typically include laws against passing other vehicles within the same lane. Therefore, lane-splitting is considered illegal and can result in traffic citations or fines if observed by law enforcement.
However, it's essential to note that laws and regulations regarding lane-splitting can vary from state to state and even from city to city. Motorcyclists should always be aware of local traffic laws and regulations to ensure they are riding safely and legally.
What is Inattentional Blindless and How Does it Contribute to Motorcycle Accidents?
Inattentional blindness refers to the phenomenon where individuals fail to perceive or notice unexpected objects or events in their environment, even when they are in plain sight. This cognitive phenomenon occurs when the brain is focused on a specific task or stimulus, causing it to filter out irrelevant information.
In the context of motorcycle accidents, inattentional blindness can contribute to collisions when drivers fail to notice motorcycles on the road. Motorcycles are smaller and less conspicuous than other vehicles, making them more susceptible to being overlooked, especially when drivers are distracted or preoccupied with other tasks, such as texting, talking on the phone, or adjusting the radio.
Inattentional blindness can lead to drivers making dangerous maneuvers, such as changing lanes or turning, without adequately checking for motorcycles in their blind spots. This lack of awareness increases the risk of collisions between motorcycles and other vehicles.
To mitigate the risk of accidents caused by inattentional blindness, drivers should practice attentive and defensive driving techniques, such as regularly scanning their surroundings, using mirrors, and minimizing distractions while behind the wheel. Additionally, increased awareness and education about the presence of motorcycles on the road can help reduce the incidence of inattention-related accidents involving motorcycles.
Are Motorcyclists Always at Fault for an Accident?
No, of course, motorcyclists are not always at fault for an accident. Fault in a motorcycle accident is determined by examining the specific circumstances surrounding the incident, including factors such as traffic laws, road conditions, weather conditions, and the actions of all parties involved.
While motorcyclists may sometimes be found at fault for accidents due to factors like speeding, lane splitting, or reckless driving, many motorcycle accidents are caused by the negligence or actions of other drivers on the road. Common causes of motorcycle accidents involving other vehicles include:
- Failure to yield the right of way: Other drivers may fail to yield the right of way to motorcycles, leading to collisions at intersections or during lane changes.
- Distracted driving: Drivers may be distracted by activities such as texting, talking on the phone, or adjusting the radio, leading to collisions with motorcycles.
- Failure to check blind spots: Drivers may overlook motorcycles in their blind spots when changing lanes or making turns, resulting in accidents.
- Following too closely: Tailgating or following motorcycles too closely can increase the risk of rear-end collisions.
- Making left-hand turns: Drivers making left-hand turns at intersections may fail to see oncoming motorcycles, leading to accidents.
In cases where another driver's negligence or recklessness causes a motorcycle accident, the injured motorcyclist may be entitled to compensation for damages such as medical expenses, lost wages, pain and suffering, and property damage. It's essential to consult with a qualified Sterling Heights motorcycle accident lawyer to understand your rights and options following a motorcycle accident.
What Reasons Might the Insurance Company Use to Try and Deny My Sterling Heights Motorcycle Accident Claim?
Insurance carriers often try to undervalue or outright deny valid motorcycle accident claims for numerous reasons, such as:
- Disputing Liability: The insurance company may argue that their policyholder was not responsible for the accident, or they may attempt to shift blame onto the motorcyclist.
- Pre-existing Injuries: The insurance company may argue that the motorcyclist's injuries were pre-existing or unrelated to the accident, thereby reducing the compensation they are willing to offer.
- Contributory Negligence: If the motorcyclist is found to have contributed to the accident in any way, such as by speeding or lane splitting, the insurance company may use this as grounds to reduce the settlement amount or deny the claim altogether.
- Lack of Medical Documentation: Insurance companies may dispute the severity of injuries or the necessity of medical treatment if there is insufficient or inconsistent medical documentation.
- Policy Exclusions: Certain policy exclusions, such as for intentional acts or violations of the law, may be used by insurance companies to deny coverage for the accident.
- Statute of Limitations: If the claim is filed after the statute of limitations has expired, the insurance company may deny the claim on procedural grounds.
- Inadequate Evidence: If there is insufficient evidence to support the motorcyclist's version of events or to prove liability, the insurance company may deny the claim.
It is vital for motorcycle accident victims to be aware of these potential tactics and to seek guidance from an experienced Sterling Heights motorcycle accident lawyer who can help protect their rights and negotiate with the insurance company on their behalf.
What Should I Do if an Insurance Adjuster Contacts Me Before I’ve Spoken to a Lawyer?
If an insurance adjuster contacts you before you've had a chance to speak with a lawyer, it's crucial to be cautious and know your rights. Here's what you should do:
- Be Polite but Cautious: You can speak with the adjuster, but be careful about what information you provide. Do not admit fault or provide detailed statements about the accident without consulting with a lawyer first.
- Do Not Sign Anything: Avoid signing any documents or agreements provided by the insurance company without reviewing them carefully or consulting with a lawyer. This includes settlement offers or releases of liability.
- Limit Communication: Keep communication with the insurance adjuster brief and to the point. Refrain from discussing the specifics of the accident or your injuries in detail until you've sought legal advice.
- Request Time to Consult with a Lawyer: Politely inform the adjuster that you need time to review your rights and options with a lawyer before discussing the details of the case further. Ask for their contact information and let them know that your attorney will be in touch.
- Seek Legal Representation: Contact a reputable Sterling Heights motorcycle accident lawyer as soon as possible to discuss your case. A skilled attorney can advise you on how to handle communications with the insurance company and protect your rights throughout the claims process.
Remember that insurance adjusters work for the insurance company and may try to minimize the amount of compensation you receive. Having legal representation can help level the playing field and ensure that you receive fair treatment and the full compensation you deserve for your injuries and losses.
Will My Compensation Be Reduced if I Was Not Wearing a Helmet When My Accident Occurred?
In some states, including Michigan, not wearing a helmet while riding a motorcycle can potentially impact your compensation if you're involved in an accident. Michigan law requires motorcycle riders to wear helmets unless they are over 21 years old and meet certain insurance requirements.
However, even if you were not wearing a helmet at the time of the accident, it may not necessarily result in an automatic reduction of your compensation. The impact of not wearing a helmet on your case can vary depending on several factors, including:
- Comparative Negligence Laws: Michigan follows a comparative negligence system, which means that if you are found partially at fault for the accident, your compensation may be reduced proportionally to your degree of fault. Not wearing a helmet could be considered as one factor in assessing your level of fault.
- Extent of Injuries: If not wearing a helmet contributed to the severity of your injuries, the insurance company may argue that your compensation should be reduced because you failed to take reasonable precautions to protect yourself. However, this argument may not always hold up, especially if the injuries sustained are unrelated to head trauma.
- State Laws and Precedents: State laws and court precedents can also influence the outcome of your case. An experienced personal injury attorney can evaluate the specific circumstances of your accident and advise you on how helmet use, or lack thereof, may affect your claim.
Overall, while not wearing a helmet may impact your case, it's essential to consult with a knowledgeable motorcycle accident attorney who can assess the situation and advocate for your best interests. They can help navigate the legal complexities and work to maximize your compensation despite any potential challenges related to helmet use.
What Injuries Are Motorcycle Accident Victims Most Prone To?
Motorcycle accident victims are susceptible to a wide range of injuries due to the lack of protective barriers offered by motorcycles compared to other vehicles. Some common injuries include:
- Head Injuries: Head injuries, including traumatic brain injuries, skull fractures, and concussions, are among the most severe and common injuries in motorcycle accidents. Even with helmets, riders are at risk of head trauma, which can lead to long-term disabilities or fatalities.
- Road Rash: Road rash occurs when a rider's skin makes contact with the road surface during a crash, leading to abrasions, lacerations, and, in severe cases, deep tissue damage. Road rash injuries can result in significant pain, scarring, and infections.
- Fractures and Orthopedic Injuries: Motorcycle accidents often cause fractures, broken bones, and orthopedic injuries due to the impact of the collision and the force exerted on the rider's body. Common fractures include those to the legs, arms, wrists, ribs, and pelvis.
- Spinal Cord Injuries: Spinal cord injuries can have life-altering consequences, including partial or complete paralysis, loss of sensation, and impaired motor function. These injuries occur when the spinal cord sustains damage due to trauma, such as vertebral fractures or dislocations.
- Soft Tissue Injuries: Soft tissue injuries, such as muscle strains, ligament tears, and contusions, are prevalent in motorcycle accidents. These injuries can cause pain, swelling, and limited mobility, impacting the victim's quality of life and ability to perform daily activities.
- Internal Injuries: Internal injuries, such as internal bleeding, organ damage, and abdominal injuries, may occur when the rider's body strikes against the motorcycle or other objects during the crash. Internal injuries can be life-threatening and require immediate medical attention.
- Psychological Trauma: Motorcycle accidents can also result in psychological trauma, including post-traumatic stress disorder, anxiety, depression, and other mental health issues. Witnessing or experiencing a traumatic event can have long-lasting emotional effects on accident victims.
These are just a few examples of the injuries motorcycle accident victims may sustain. Due to the severity of these injuries, it is crucial for victims to seek medical treatment promptly and consult with an experienced motorcycle accident attorney to protect their legal rights and pursue compensation for their damages.
When Am I Required to Report a Motorcycle Accident?
In Sterling Heights, you are typically required to report a motorcycle accident if it meets certain criteria outlined by state law. Typically, you must report an accident to the police if it results in injury, death, or property damage exceeding a specified dollar amount. It's essential to familiarize yourself with the specific reporting requirements in your area to ensure compliance with the law.
How Do I Get a Copy of My Motorcycle Accident Report?
To obtain a copy of your motorcycle accident report in Sterling Heights, Michigan, you typically need to request it from the law enforcement agency that responded to the accident. You can usually do this by contacting the police department or sheriff's office that investigated the accident. They may have procedures in place for requesting accident reports, which may include submitting a request form, providing identification, and paying a fee, if applicable. It's advisable to contact the relevant law enforcement agency directly to inquire about their specific process for obtaining accident reports.
What if the Driver Who Caused My Accident is Uninsured?
If the driver who caused your motorcycle accident in Sterling Heights is uninsured, you may still have options for seeking compensation for your injuries and damages. Steps you can take include:
- Checking Your Insurance Coverage: If you have uninsured motorist coverage as part of your motorcycle insurance policy, you can file a claim with your own insurance company. Uninsured motorist coverage is designed to protect you in situations where the at-fault driver does not have insurance.
- Filing a Lawsuit: You may also consider filing a lawsuit against the uninsured driver to recover damages. However, it's important to assess whether the driver has any assets or resources to pay a judgment against them.
- Exploring Other Avenues: Depending on the circumstances of the accident, there may be other parties who could be held liable for your injuries. For example, if the accident was caused by a defective road condition, you may have a claim against the government agency responsible for maintaining the road.
- Consulting with a Lawyer: It is always a good idea to consult with a Sterling Heights motorcycle accident lawyer who can review your case and advise you on the best course of action. They can help you navigate the legal process and pursue the compensation you deserve.
Dealing with an uninsured motorist can complicate the claims process, but with the right legal representation, you can still pursue compensation for your injuries and damages.
Get the Strong Legal Advocate You Deserve
Riding a motorcycle should epitomize the thrill of the open road, not the dread of an accident caused by someone else's carelessness. Yet, motorcycle accidents often lead to catastrophic injuries, necessitating extensive and expensive medical care. Many victims endure prolonged physical rehabilitation and therapy that impede their ability to work and create considerable financial strain.
At the Law Offices of Christopher Trainor & Associates, our Sterling Heights motorcycle accident lawyers have the skills and resources required to secure the highest possible settlement for your damages. Contact us today at (248) 886-8650 or via our online contact form to schedule a complimentary case evaluation.
