A Jackson hit and run motorcycle accident has left the biker injured.  The accident occurred at the intersection of Styles Road and Meridian Road on December 24, 2008.  The motorcyclist was stopped at a stop sign when a truck turned into the bike.  The truck driver fled the scene while the biker was taken to Allegiance Health Center and then UM Hospital for treatment.  He was believed to be seriously injured.  Police are still investigating the accident and trying to identify the hit and run driver.

I am very sorry this accident occurred, especially since it was during the holidays.  I hope this man is able to recover completely from his injuries.

Because the motorcyclist was injured in an accident that involved a truck, the Michigan No Fault Act applies.  The man will be able to file a claim for No Fault insurance benefits.  No Fault insurance will pay for this man’s medical expenses including his current hospital bills and any reasonable and necessary follow-up treatment.  No Fault insurance will also pay for a portion of his lost wages, household replacement services, and attendant care benefits.  More information about all of these benefits is available in the Insurance Information section of this website.

In addition to his claim for No Fault insurance, this man may be able to file a lawsuit for additional damages.  For instance, No Fault insurance only pays for lost wages for up to three years after the accident.  If this man was disabled from work for more than that, he could collect lost earnings in a lawsuit.  Or, he could collect non-economic damages like pain and suffering.  Michigan law only allows people with very serious injuries to file a lawsuit after an accident like this, so this man should consult with a lawyer to determine if he has the option of filing a lawsuit.

If you would like more information about your rights after a Michigan motorcycle accident, you can order our FREE book, “The Ultimate Michigan Motorcycle Accident Handbook” by visiting our law firm web site.  We will send it along with other important information. 

For more information about Michigan motorcycle accident cases, visit our law firm web site at www.BuckfireLaw.com.  If you would like to speak with one of our Michigan Motorcycle accident attorneys about your case, feel free to call us anytime at (800) 606-1717 or simply submit this contact form and we will get back to you quickly.

A Detroit motorcycle accident that occurred after a high-speed chase has ended with the deaths of the motorcyclist and a pedestrian.  On November 4, 2008, a Michigan State Police trooper attempted to pull over a motorcyclist for a traffic violation near East Davison and Conant.  The motorcyclist slowed down when the trooper turned on the emergency lights but then sped up to a high rate of speed and struck a pedestrian that was crossing the street at a traffic light, which the motorcyclist ran.  Both were killed.

This is a completely senseless accident and there was no reason for it to occur.  A traffic ticket is simply not worth it.  I feel very bad for both of the families involved.

The pedestrian’s family can very likely sue the motorcyclist’s estate for wrongful death.  They may also be able to submit claims to various insurance companies, such as a life insurance company.  Similarly, the motorcyclist may have had motorcycle insurance or life insurance that his family could submit a claim to.  Both families should consult with a lawyer in the near future to ensure they are collecting the full amount of benefits and to determine what options they have in this unfortunate situation.

If you would like more information about your rights after a Michigan motorcycle accident, you can order our FREE book, “The Ultimate Michigan Motorcycle Accident Handbook” by calling our law firm.  We will send it along with other important information.

For more information about Michigan traffic accident cases, visit our law firm web site at www.BuckfireLaw.com.  If you would like to speak with one of our Michigan personal injury attorneys about your case, feel free to call us anytime at (800) 606-1717 or simply submit this contact form and we will get back to you quickly.

The Norton Shores Fire Marshall was injured in a motorcycle accident.  Norm Hosko is in critical condition after an accident that occurred as he was riding on M-37 north of Baldwin Road.  Norm Hosko was riding behind a trailer and collided with it when the vehicle pulling the trailer suddenly slowed down.  It appears that no one else was injured.

I am very sorry to have read about this accident.  I hope that Norm Hosko is able to have a speedy and complete recovery.

Because this accident involved a car, Michigan No Fault benefits are available to pay for Norm Hosko’s medical expenses and lost wages if he has to miss work because of the accident.  Other benefits, including household replacement services and attendant care, may also be available.  Norm Hosko or a member of his family should submit a claim for Michigan No Fault benefits quickly to avoid missing the strict deadlines set by Michigan law, which could result in a loss of benefits.

If you would like more information about your rights after a Michigan motorcycle accident, you can order our FREE book, “The Ultimate Michigan Motorcycle Accident Handbook” by calling our law firm.  We will send it along with other important information.

For more information about Michigan traffic accident cases, visit our law firm web site at www.BuckfireLaw.com.  If you would like to speak with one of our Michigan personal injury attorneys about your case, feel free to call us anytime at (800) 606-1717 or simply submit this contact form and we will get back to you quickly.

Loss of consortium claims are the most common derivative damages collected because of the wrongful death of a motorcyclist.  Loss of consortium refers to damages from the loss of the deceased motorcyclist’s company, family relationship, support, and love and affection.

The amount of damages that such a person may be entitled to for the wrongful death of a motorcyclist is usually decided by a jury.  The standard jury instruction for loss of consortium claims is very clear that a jury is to determine how long into the future the damages will be sustained if the injury to the spouse is of a continuing nature. This will depend on how long a person is likely to live, which is generally presented to the jury in the form of statutory mortality tables as developed by the Center for Disease Control.

Loss of parental society and companionship are non-spousal loss of consortium claims that are available to children.  Such damages can be collected when a parent is killed in a motorcycle accident.  When someone’s child is killed, however, Michigan does not recognize recovery of a parent suing for loss of companionship for the deceased child.  But, when a child is killed, Michigan law does recognize a parent’s entitlement to recovery for economic damages such as medical expenses, loss of services, paying for the care of an injured child, and even damages for wages that the child may have earned up to the age of eighteen.

Compensation through loss of consortium or loss of parental society and companionship claims is not limited to the deceased motorcyclist’s spouse, parents, or children, but applies to all of the family members entitled to recovery under the Wrongful Death Act found at MCL 600.2922, which includes the deceased’s spouse, children, descendents, parents, grandparents, brothers and sisters, and if none of these persons survive the deceased, then those persons to whom the estate of the deceased would pass under the law of intestate succession determined as of the date of the death of the deceased motorcyclist.

Michigan lawyers handling these claims must fully understand these laws to obtain the best result for clients who have suffered the tragic loss of a family member. Family members must also understand the law so that they recognize the types of damages allowed under Michigan law.

For more information on Michigan Motorcycle Accident cases, call our office at (800) 606-1717 and request our book, “The Ultimate Michigan Motorcycle Handbook.”  We’ll send it out to you right away.

When someone is killed in a motorcycle accident that is caused by the negligence of another person, such as when a car driver changes lanes and does not see the motorcycle right next to him, the deceased motorcyclist’s family can often file a lawsuit for wrongful death.  Lawsuits for wrongful death must be brought in accordance with the Michigan Wrongful Death Act, which governs who may sue, what damages may be collected, and other aspects of the lawsuit.

For more information on wrongful death cases, you can read Michigan’s wrongful death statute.  The Michigan Wrongful Death Act, MCL § 600.2922, states:

(1) Whenever the death of a person or injuries resulting in death shall be caused by wrongful act, neglect, or fault of another, and the act, neglect, or fault is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, the person who or the corporation that would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death was caused under circumstances that constitute a felony.

(2) Every action under this section shall be brought by, and in the name of, the personal representative of the estate of the deceased person. Within 30 days after the commencement of an action, the personal representative shall serve a copy of the complaint and notice as prescribed in subsection (4) upon the person or persons who may be entitled to damages under subsection (3) in the manner and method provided in the rules applicable to probate court proceedings.

(3) Subject to sections 2802 to 2805 of the estates and protected individuals code, 1998 PA 386, MCL 700.2802 to 700.2805, the person or persons who may be entitled to damages under this section shall be limited to any of the following who suffer damages and survive the deceased:

(a) The deceased’s spouse, children, descendants, parents, grandparents, brothers and sisters, and, if none of these persons survive the deceased, then those persons to whom the estate of the deceased would pass under the laws of intestate succession determined as of the date of death of the deceased.

(b) The children of the deceased’s spouse.

(c) Those persons who are devisees under the will of the deceased, except those whose relationship with the decedent violated Michigan law, including beneficiaries of a trust under the will, those persons who are designated in the will as persons who may be entitled to damages under this section, and the beneficiaries of a living trust of the deceased if there is a devise to that trust in the will of the deceased.

(4) The notice required in subsection (2) shall contain the following:

(a) The name and address of the personal representative and the personal representative’s attorney.

(b) A statement that the attorney for the personal representative shall be advised within 60 days after the mailing of the notice of any material fact that may constitute evidence of any claim for damages and that failure to do so may adversely affect his or her recovery of damages and could bar his or her right to any claim at a hearing to distribute proceeds.

(c) A statement that he or she will be notified of a hearing to determine the distribution of the proceeds after the adjudication or settlement of the claim for damages.

(d) A statement that to recover damages under this section the person who may be entitled to damages must present a claim for damages to the personal representative on or before the date set for hearing on the motion for distribution of the proceeds under subsection (6) and that failure to present a claim for damages within the time provided shall bar the person from making a claim to any of the proceeds.

(5) If, for the purpose of settling a claim for damages for wrongful death where an action for those damages is pending, a motion is filed in the court where the action is pending by the personal representative asking leave of the court to settle the claim, the court shall, with or without notice, conduct a hearing and approve or reject the proposed settlement.

(6) In every action under this section, the court or jury may award damages as the court or jury shall consider fair and equitable, under all the circumstances including reasonable medical, hospital, funeral, and burial expenses for which the estate is liable; reasonable compensation for the pain and suffering, while conscious, undergone by the deceased person during the period intervening between the time of the injury and death; and damages for the loss of financial support and the loss of the society and companionship of the deceased. The proceeds of a settlement or judgment in an action for damages for wrongful death shall be distributed as follows:

(a) The personal representative shall file with the court a motion for authority to distribute the proceeds. Upon the filing of the motion, the court shall order a hearing.

(b) Unless waived, notice of the hearing shall be served upon all persons who may be entitled to damages under subsection (3) in the time, manner, and method provided in the rules applicable to probate court proceedings.

(c) If any interested person is a minor, a disappeared person, or an incapacitated individual for whom a fiduciary is not appointed, a fiduciary or guardian ad litem shall be first appointed, and the notice provided in subdivision (b) shall be given to the fiduciary or guardian ad litem of the minor, disappeared person, or legally incapacitated individual.

(d) After a hearing by the court, the court shall order payment from the proceeds of the reasonable medical, hospital, funeral, and burial expenses of the decedent for which the estate is liable. The proceeds shall not be applied to the payment of any other charges against the estate of the decedent. The court shall then enter an order distributing the proceeds to those persons designated in subsection (3) who suffered damages and to the estate of the deceased for compensation for conscious pain and suffering, if any, in the amount as the court or jury considers fair and equitable considering the relative damages sustained by each of the persons and the estate of the deceased. If there is a special verdict by a jury in the wrongful death action, damages shall be distributed as provided in the special verdict.

(e) If none of the persons entitled to the proceeds is a minor, a disappeared person, or a legally incapacitated individual and all of the persons entitled to the proceeds execute a verified stipulation or agreement in writing in which the portion of the proceeds to be distributed to each of the persons is specified, the order of the court shall be entered in accordance with the stipulation or agreement.

(7) A person who may be entitled to damages under this section must present a claim for damages to the personal representative on or before the date set for hearing on the motion for distribution of the proceeds under subsection (6). The failure to present a claim for damages within the time provided shall bar the person from making a claim to any of the proceeds.

(8) A person who may be entitled to damages under this section shall advise the attorney for the personal representative within 60 days after service of the complaint and notice as provided for under subsection (2) of any material fact of which the person has knowledge and that may constitute evidence of any claim for damages. The person’s right to claim at a hearing any proceeds may be barred by the court if the person fails to advise the personal representative as prescribed in this subsection.

(9) If a claim under this section is to be settled and a civil action for wrongful death is not pending under this section, the procedures prescribed in section 3924 of the estates and protected individuals code, 1998 PA 386, MCL 700.3924, shall be applicable to the distribution of the proceeds.

Wrongful death laws vary significantly from state to state, so it is important to hire an experienced Michigan wrongful death lawyer to handle your case.  The Michigan Wrongful Death Act makes damages for wrongful death contingent on your lawyer’s ability to prove the motorcyclist’s death occurred because of someone’s negligence, so it is important to hire an attorney who is familiar with motorcycle accidents and knows how to prove negligence to a jury. 

The Michigan Motorcycle Lawyers at Buckfire & Buckfire, P.C. routinely handle cases in which motorcyclists are injured or killed.  If you would like to speak with one of our Michigan motorcycle accident attorneys about your case, feel free to call us anytime at (800) 606-1717 or simply submit this contact form and we will get back to you quickly.