On October 14th, a moped rider was killed by a Minivan in Coldwater in Branch County. According to the Coldwater Police Department, the moped operator headed north on Michigan Avenue when he was allegedly struck by a Chevrolet Venture minivan attempting to turn onto US-12.

According to witnesses, the moped driver hit the windshield of the minivan and was thrown 30 feet from the moped. The moped rider suffered serious head injuries, internal injuries and broken legs as a result of the accident. He was flown to Borgess Medical Center in Kalamazoo where he died from his injuries.

I  am very sorry to hear that this tragic moped accident happened. My condolences go out to the family and friends of the moped rider.

Our Michigan motorcycle accident lawyers advise bikers of their legal rights. Because this moped accident involved contact with another motor vehicle, the injured rider may be eligible for Michigan No-Fault Insurance benefits. These benefits provide for payment of medical expenses, lost wages, attendant care services, and other benefits. Family members may also may be able to make a claim for Survivor Loss Benefits for the deceased rider. This can include payment of funeral expenses, lost wages, and loss of other services.

Also, the family members of the deceased victims may have a claim for a Michigan wrongful death lawsuit against the driver that police determine was negligent and caused these car accidents. At the very least, the surviving family should hire the best possible lawyer to look into these possibilities.

For a complete explanation of the rights of injured bikers in Michigan, you should request our FREE BOOK, “The Ultimate Michigan Motorcycle Accident Handbook.” Furthermore, the surviving family members may have a claim against the driver of the motor vehicle for wrongful death of the bikers. To learn more, visit www.BuckfireLaw.com.

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.

Survivor Loss Benefits refer to the benefits that are available to family members of someone who is killed in an accident through their Michigan No Fault insurance policy. No Fault insurance benefits are available when a biker has been injured or killed in an accident involving a car, truck, SUV, or other motor vehicle.

Survivor loss benefits are paid to the spouse or a relative of the motorcyclist who dies in an accident. They typically include a portion of the funeral expenses as well as payments for loss of financial support and loss of household services. The payment for the funeral expenses is disbursed as a one-time payment while the other payments are paid out over a period of time for up to three years. The amount that is paid out changes from year to year due to inflation.

A survivor loss claim requires the family to submit a copy of the death certificate, funeral bill, and proof of loss of financial support and household services. These things should be submitted as quickly as possible after the accident since the No Fault Act and insurance companies have strict deadlines and use people’s failure to meet deadlines as an excuse to deny their claims and save money for their own shareholders. I strongly recommend you consult with an attorney immediately after a fatal accident or any accident to ensure you are submitting all the proper documents and making all the claims you should to get the full amount of benefits you are entitled to.

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 office. 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.