Sterling Heights Motorcycle Accident Lawyer

The Knowledgeable Sterling Heights Motorcycle Accident Attorneys at Sommers Schwartz Fight for Our Clients’ Needs After a Crash

Sterling Heights offers many opportunities for motorcyclists. Motorcycle travel is an economical and efficient way to navigate busy roads downtown and around the suburbs. Riders can easily enjoy Michigan’s natural scenery in the rural areas surrounding the city.

Motorcyclists have the same rights and responsibilities as other Michigan roadway users. However, motorcyclists often pay a higher price when other drivers fail to use care on the road, facing higher risks of death and serious injury than other drivers. In 2023, motorcycles were involved in only 1.1% of all traffic crashes statewide. However, motorcyclists and their passengers made up 15.5% of those who died or suffered serious injuries.

If you’ve lost a loved one or been injured in a motorcycle crash, contact an experienced Sterling Heights motorcycle accident attorney. The team at Sommers Schwartz, P.C. can help.

Michigan Motorcycle Accident Statistics

Michigan ranks among the top ten states for motorcycle deaths. Many other bikers are seriously injured on its roadways. In 2023, 3,161 motorcycles were involved in Michigan collisions, resulting in 165 fatalities. This number represents a slight decrease from 2022, in which 173 motorcyclists were killed. However, 2021-2023’s fatality rates were significantly higher than those from 2019 and 2020.

While most of those who lost their lives were bike operators, two motorcycle passengers, two drivers of other vehicles, and one pedestrian died in 2023 motorcycle crashes.

Macomb County Motorcycle Accident Deaths and Injuries

Many of these deaths and serious injuries occur around Sterling Heights and Metro Detroit. Macomb County ranks fourth in the state for motorcycle crash deaths. In 2023, there were 192 motorcycle crashes in Macomb County, including nine deaths in nine separate accidents and 154 injuries in 140 crashes.

Wayne County had the most fatal crashes in 2023, recording 25 deaths and 428 injuries. Genesee County recorded 12 deaths and 113 injuries, while Monroe County reported 10 deaths. Kent County tied with Macomb, reporting nine deaths, but had a higher injury rate, at 176 injuries.

Oakland County saw 284 total motorcycle crashes in 2023, including five deaths in five separate crashes. In addition, 225 people suffered injuries in 204 separate Oakland County crashes.

Four Common Causes of Motorcycle Crashes in Sterling Heights

According to Michigan State Police (MSP) statistics, motorcycle accidents are more common between April and October and on weekends, afternoons, and evenings. Although every accident is different, many motorcycle crashes result from distracted driving, driving under the influence of alcohol or drugs, and speeding. Many other collisions are caused by vehicle drivers failing to yield the right of way to a motorcycle.

Distracted Driving

Every person using Michigan’s public streets has a legal duty to use reasonable care to prevent accidents. Staying alert and attentive is a fundamental component of this duty. Cell phones, conversations, or events outside the vehicle can undermine a driver’s ability to remain alert, increasing the risk of a serious crash.

Distracted driving deaths in Michigan increased in 2023, causing 59 fatalities compared to 57 deaths in 2022. The MSP recorded 15,136 distracted driving accidents in 2023.

Drunk or Impaired Driving

Drunk or drugged drivers have slower reaction times and a reduced ability to judge speed and distance. They may have difficulty seeing obstacles and responding appropriately. These factors damage a driver’s ability to handle their vehicle safely, increasing their chances of colliding with or cutting off a motorcyclist.

In 2023, the MSP reported 8,817 roadway crashes involving alcohol. Statewide, 297 people were killed in 272 separate alcohol-related crashes, including ten fatal crashes in Macomb County. Another 249 Macomb County collisions caused 369 injuries. Neighboring Oakland and Wayne Counties also posted high alcohol-related crash numbers.

Speeding

Speeding contributed to 21,535 Michigan traffic collisions in 2023, including 195 fatal crashes. This category includes drivers exceeding the posted speed limit and those traveling too fast to control their vehicle safely under the existing road conditions. Factors like weather, time of day, and traffic congestion can all affect the “safe” speed for travel.

Motorcycles are especially susceptible to roadway hazards like loose gravel, ice, and debris. Bikers may need to slow down and take extra care in inclement weather or areas of rough terrain. Impatient drivers may endanger themselves and others by tailgating or cutting off bikers riding responsibly on the roads.

Failure To Yield the Right-of-Way

Judging the speed and distance of an oncoming motorcyclist can be challenging. Because of this, most Michigan motorcycle collisions occur when a vehicle turns left across the path of an oncoming biker. In these cases, the biker usually has the legal right-of-way and is traveling at full speed. As a result, these collisions often cause serious injuries or death.

Many other failure-to-yield situations can lead to accidents. A significant number of collisions result from a driver’s failure to use appropriate care to look out for motorcyclists when changing lanes. Motorcyclists can be more difficult to see in mirrors and may come up quickly into drivers’ blind spots.

The Basics of a Sterling Heights Motorcycle Accident Case

Recent changes in Michigan’s motorcycle helmet and insurance laws differentiate motorcycle cases from other personal injury cases and can increase their complexity. An experienced Sterling Heights motorcycle accident attorney can help protect your legal rights. They can help you negotiate with insurers, identify liable parties, and explore how to recover compensation for your losses.

Although every motorcycle crash has unique facts, every case must comply with Michigan’s statutory requirements and the Michigan Court Rules (MCR). Learning a few general concepts can help you understand more about pursuing a case, although you should ask an attorney if you have specific questions.

Time Limits

Michigan’s “statute of limitations” for personal injury and wrongful death claims typically gives plaintiffs three years from the date of an accident or injury to file a lawsuit. However, several factors can extend this period, while others may reduce the amount of time you have to begin a case. Speak to an attorney as soon as possible to protect your right to pursue your claim.

No-Fault Insurance

Michigan law requires all drivers to carry personal injury protection (PIP) coverage. This “no-fault” insurance system directly reimburses accident victims and limits their rights to sue at-fault drivers for damages.

However, Michigan law allows an accident victim or their representatives to pursue a lawsuit if the accident caused death, permanent severe disfigurement, the serious impairment of a body function, or long-term income loss. Since motorcycle accidents typically involve severe injuries, they often fall under these exceptions. Filing a lawsuit can allow victims to pursue full compensation for their damages.

Proving Fault

In a motorcycle accident lawsuit based on a driver’s negligence, a plaintiff typically must prove four things:

1. The defendant had a duty to use reasonable care to prevent harm.
2. That party “breached” (failed to fulfill) their duty.
3. The plaintiff’s injuries were caused by that breach of duty.
4. A court can assign compensation for those injuries (i.e., the monetary value of the plaintiff’s damages).

An experienced Sterling Heights personal injury attorney can explain how these elements apply in your case. They will investigate the facts, discuss your challenges in proving any of the four points, and guide you through the process of pursuing your claims.

The other driver or their insurance company may try to argue that you were partly or wholly responsible for your injuries. Your attorney can help you anticipate and address these arguments. You may still be able to recover if you were partially responsible for the accident.

Types of Compensation

Courts group compensation in Michigan motorcycle accident claims into two categories, called “economic” and “non-economic” damages.

Economic damages are financial losses. They’re usually easy to prove with a bill, receipt, invoice, or pay stub showing the money you spent or lost. This category includes medical bills, lost wages, and repair bills for a damaged motorcycle.

“Non-economic” damages are more challenging to quantify. These are the intangible personal costs, like physical pain and suffering. Mental and emotional anguish, including permanent scarring or disfigurement, fall into this category as well.

When a Motorcycle Accident Causes Death

When injuries claim a biker’s life, someone else must file the claim on the deceased person’s behalf. Such a claim is called a “wrongful death” claim. In it, the deceased motorcyclist or passenger’s estate and family seek compensation for their losses.

In addition to seeking compensation for medical bills, lost wages, and other losses, a wrongful death case can allow families to recover funeral and burial expenses. It can also seek compensation for losing their loved one’s care, companionship, and support.

Speak to an Experienced Sterling Heights Motorcycle Accident Lawyer Today

A motorcycle crash can change your life in an instant. Injured victims may struggle to recover from serious injuries and navigate permanent disabilities as they rebuild their lives. Losing a loved one can disrupt a family’s life and cause significant financial and emotional hardship.

If this sounds familiar, you’re not alone. An experienced Sterling Heights motorcycle accident attorney will work with you to pursue the compensation you deserve after a serious or fatal crash. Contact the Sommers Schwartz, P.C. team to schedule a free, no-obligation consultation with one of our dedicated attorneys.