CAN AN INJURED PASSENGER IN A MOTORCYCLE ACCIDENT SUE FOR COMPENSATION?

May is the start of peak riding season in Michigan, where bikers of all ages enjoy scenery ranging from picturesque coastlines to lush green forests. Unfortunately, because motorcycles provide minimal impact protection, riders and their passengers often sustain serious or fatal injuries when an accident occurs. In fact, motorcyclists are 28 times more likely to be killed in a crash than those riding in automobiles and four times more likely to be injured, according to statistics from the National Highway Traffic Safety Administration (NHTSA).

In many instances, motorcyclists and passengers are entitled to compensation when another driver is responsible for the accident. Because the laws surrounding these cases are extremely complex, hiring an experienced motorcycle accident lawyer is the best way to protect your rights and receive what you deserve.

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DOES MICHIGAN NO-FAULT INSURANCE COVER MOTORCYCLE PASSENGERS?

Motorcyclists and their passengers may be eligible for No-Fault benefits depending on the circumstances of the accident. The main determinant is whether a motor vehicle, such as a car or truck, was involved in the accident.

Because motorcycles are not considered motor vehicles under Michigan No-Fault law, motorcycle insurance policies do not include the Personal Injury Protection (PIP) benefits that are included in every automobile No-Fault policy. These benefits cover the cost of necessary medical treatment related to the accident, including medication, rehabilitation therapy and attendant care, up to the limits of the policy.* PIP benefits also cover lost wages and replacement services such as household help.

Recommended reading: A Guide to the Michigan Laws for Motorcycle Passengers

Motorcycle Accidents That Do Not Involve Another Motor Vehicle

If no other motor vehicle, such as a car or truck, was involved in the crash, the motorcyclist and passengers are not eligible for No-Fault benefits. Examples include hitting a deer or a tree, or losing control and crashing due to speed, weather or slippery pavement. In these instances, the injured person(s) would seek reimbursement from their health insurance plan.  

However, if a car indirectly instigates the accident by causing the motorcyclist to veer off the road, No-Fault benefits may be available – even if the car did not have direct contact with the motorcycle.

Recommended reading: Motorcycle Accidents Without Insurance: What Every Biker Should Know

Motorcycle Accidents Involving Another Motor Vehicle

When a motor vehicle is involved in the accident, a motorcyclist or passenger may claim Personal Injury Protection (PIP) benefits providing they have the required motorcycle insurance.

This is the established order of priority according to Michigan motorcycle accident law:

1. The No-Fault policy* covering the owner of the motor vehicle involved in the accident
2. If the vehicle owner has no insurance, the motorcyclist may seek reimbursement from the No-Fault policy* covering the driver of the motor vehicle
3. If neither involved party has insurance, the motorcyclist may claim benefits under their own No-Fault automobile policy* or that of a spouse or relative in the same household
4. If the motorcycle operator does not have No-Fault coverage and the motorcycle is owned by someone else, the injured motorcyclist may claim PIP benefits under the motorcycle owner’s No-Fault automobile policy*
5. If there is no available coverage from any of the above sources, the motorcyclist can seek reimbursement from the Michigan Assigned Claims Plan up to a maximum of $250,000

*While PIP medical benefits were unlimited prior to July 1, 2020, policy owners may now choose lower levels of PIP coverage. Therefore, reimbursement of PIP medical benefits is limited to the amount specified in the No-Fault policy covering the motor vehicle.  

Recommended reading: 12 Most Common Causes of Motorcycle Accidents

ARE INJURED MOTORCYCLE PASSENGERS ENTITLED TO SUE FOR MEDICAL EXPENSES AND OTHER DAMAGES?

In many cases, yes. While motorcycles are not covered by under Michigan No-Fault law, injured passengers may be able to sue the at-fault party for compensation. A victim who is seriously injured might claim reimbursement for direct costs such as medical bills and lost wages, both current and future, in addition to remuneration for indirect losses such as pain and suffering.

Several parties could be held liable when a motorcycle passenger is injured in a crash:

• The motorcycle operator
  • An operator who was speeding, ignoring traffic signals or other road regulations or riding under the influence of drugs or alcohol
• The driver of another vehicle
  • A motorist whose negligent behavior, including reckless, distracted or drunk/drugged driving, caused the accident to occur
• The motorcycle manufacturer
  • When the accident resulted from a defective part or design flaw
• A municipality
  • When a pothole, road defect or other hazardous condition caused the motorcycle to crash

Regardless of the situation, receiving compensation after a motorcycle accident involves complex legal issues. This is why it is important to contact an experienced motorcycle passenger accident lawyer as soon as possible to achieve the best financial outcome.

Recommended reading: Does Medicare Cover Motorcycle Accidents in Michigan?

DO MOTORCYCLE PASSENGERS HAVE TO WEAR HELMETS?

Since 2012, when Michigan’s mandatory helmet law was repealed, motorcycle operators and passengers have been legally allowed to ride without a helmet provided they meet certain conditions. 

According to current Michigan law, a motorcycle passenger who wants to ride without a helmet must meet the following requirements:

• Be at least 21 years old
• Have at least $20,000 in Personal Injury Protection (PIP) medical benefits in addition to the liability insurance required for all motorcyclists 

Motorcycle operators and passengers under 21 years old must wear a helmet that complies with U.S. Department of Transportation (DOT) standards.

Despite the repeal of the mandatory helmet law, countless studies show that helmets prevent many severe and potentially fatal head injuries in the event of a crash. Therefore, it is wise for motorcycle operators and passengers to wear helmets whenever they ride, even for short distances.  

In addition, failing to wear a helmet could affect the amount of compensation a motorcyclist or passenger receives. Under Michigan’s “modified comparative negligence” doctrine, non-economic damages such as pain and suffering are reduced by the degree of fault attributed to the victim.

Therefore, while the motorcyclist or passenger did not cause the accident, the responsible party may ask for a reduced settlement by claiming the injuries could have been prevented or lessened if the victim had worn a helmet.

Recommended reading: Michigan Motorcycle Helmet Laws

CALL TODAY TO GET THE BERNSTEIN BIKER ADVANTAGE®

Many of our lawyers and staff members ride motorcycles. Therefore, we take these cases personally because we know first-hand the joys and challenges of riding a bike.  We also realize how devastating a motorcycle accident can be. And, unlike most riders, we understand the complexities of motorcycle accident law. We know how to build a successful case, and we will fight to win the compensation you and your family deserve.

Motorcycle passenger laws are complicated, but finding the right motorcycle accident lawyer is simple. 

Click the button below or call 1-800-CALL-SAM today to schedule a free, no-obligation consultation with a member of our legal team.

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