Accidents can happen on the road for several reasons, and sometimes, not just due to the fault of another party. In some situations, you could be partially to blame for a motorcycle accident. Fortunately, even if you played a small part in causing an accident in Michigan, you may still be able to seek compensation for your injuries.
If this is your situation, you need the proper support and guidance to understand your legal options. A skilled Okemos motorcycle accident lawyer can help with your claim and inform you of the best steps to take moving forward. At White Law PLLC, our team of reputable lawyers is here for you, starting with a free initial consultation.
Michigan’s Fault Laws
The state of Michigan follows a comparative fault system, which means that in the event of an accident, the fault could be assigned to more than one party. The amount of fault each party bears will affect the compensation amount received. Negligence is the main cause of accidents on the roadways, and the following elements will be looked into, no matter who is mostly at fault:
- The driver owed a basic level of care to the other party involved in the accident.
- The driver’s careless actions violated their duty of care to the victim.
- The victim suffered injuries that can be directly linked to the negligent party.
- The victim sustained tangible losses and injuries due to the driver’s actions.
Under Michigan law, those partially at fault for a motorcycle accident can still often recover some compensation. However, the Michigan courts can reduce the damages awarded, depending on how “at fault” you were for the given accident. Those found to be more than 51% responsible for causing their own injuries are not able to recover any compensation.
Your Fight Is Our Fight
Legal Options Motorcyclists Have in Michigan if They Are Partially at Fault for an Accident
Motorcyclists in Michigan have a few ways to ensure they get compensated for losses and injuries, even if deemed partially at fault. Knowing these options is important when moving forward after an accident. Here are some legal avenues that should be explored:
Hire an Experienced Motorcycle Accident Lawyer
The best course of legal action following a motorcycle accident for which you were partially at fault is to hire a well-versed motorcycle accident attorney. By working with a reputable attorney from White Law PLLC, you can file your accident claim to give you the strongest chance of getting compensated correctly. However, you must be at least 50% at fault or less.
After establishing whether you have a valid claim, we will collect all medical documents, police reports, and further evidence of fault related to the accident. We then review and analyze all the evidence to file a solid claim on your behalf. With this approach, we can make every effort to create a compelling argument that the other involved party held more fault than you did.
Speak with Police Officials
When police officers are called to the scene of an accident, they fill out their own official report. This report includes details about weather conditions, the presence of drugs or alcohol, who was involved and what their injuries were, witness testimonies, and who they consider to be at fault. It is important to note that this report is created in the officer’s opinion, and whoever is deemed at fault may not always be entirely correct.
By using an official police report, you will be able to prove what percent of fault you bear. Even if you were partially at fault, showing official proof that another party was the main cause of your motorcycle accident can ensure you recover compensation for your injuries.
Hire Accident Reconstruction Specialists
Having an accident reconstruction expert create a model to show how the accident occurred could demonstrate that the other party carries greater responsibility for what happened. These specialists study and analyze the physical evidence of a motorcycle accident to create a timeline of the events and conclude who was at fault for what in a given accident. By using this evidence, you may be able to better prove you were not more than 50% responsible for the accident.
Talk to Your Insurance Company
Your insurance company will investigate your motorcycle accident to determine your compensation owed. Adjusters will examine the specifics of each case, interview all involved parties, calculate damages, and study the evidence.
From there, they will better understand how much compensation you can collect, even if you were partially at fault. However, you should keep in mind that they may not be as thorough as your personal motorcycle accident attorney would be, especially if they find you carry a substantial portion of the blame. It can be worth hiring a lawyer to ensure your percentage of fault is reduced as much as possible.
How a Rider Can Be Partially at Fault for a Motorcycle Accident
For motorcyclists, there are a few ways that partial fault can come into play in an accident. Sometimes, motorcyclists are negligent and resort to careless actions on the roadways, putting themselves and others at risk. Some of these actions that could contribute to partial fault in an accident include the following:
- Improper lane changes
- Lane splitting
- Driving at high speeds
- Distracted driving
- Not obeying traffic signs or signals
- Making turns without the proper indication
- Driving on the shoulders
- Passing in a no-passing zone
If you are a motorcyclist and have done any of these actions, get the help of an experienced attorney as soon as possible. Our team at White Law PLLC has seen many vehicle accidents in Michigan and knows how to combat them best. We will collect evidence, explain your legal avenues, and help you seek the most significant amount of compensation possible, even if you were partially at fault.
We understand that you may be going through a difficult situation and we are ready to help however we can.
For Help with Your Motorcycle Claim, Give White Law PLLC a Call
When you get injured in a motorcycle accident that you were partially at fault for, it helps to have the right legal support on your side. Our team of attorneys is knowledgeable in motorcycle accidents and Michigan fault laws, making us the perfect partners for your claim. With over 20+ years of experience, we have secured more than a billion dollars in total compensation for over 30,000 clients.
By giving us a call today, you can schedule your free consultation with one of our team members. Taking the first step to financial recovery and obtaining what you owe for someone else’s negligence is always smart. Let our team at White Law PLLC win your claim and win justice for what you have experienced.
We’re Experienced. We Care.
We Exceed Client Expectations.