Can You Sue For Wrongful Death in a Motorcycle Accident Claim?

Unfortunately, drivers do not always respect motorcyclists’ rights on the road. Combine this with the additional inherent risks riders face, and you can see why motorcycle accidents are more likely to end in a fatality.

Still, a rider’s family deserves justice whenever someone else’s negligence or wrongful act contributed to a loved one’s death. Learn about who to sue after a wrongful death motorcycle accident and how Mike Morse Law Firm can support you.

Who Can Sue for Wrongful Death After a Motorcycle Accident?

Michigan only allows the personal representative of the deceased person to file a wrongful death suit. Another name for this position is the “executor.”

How the Court Assigns a Personal Representative

A Probate Court appoints this individual, who is often a close relative. In general, the court follows the order of kinship when choosing the representative. The sequence is spouse, children, then parents. 

If none of these are available, the court typically looks for siblings, grandparents or any other relatives in descending order of blood relationship. However, if your loved one already appointed a personal representative in estate documents, that person would generally serve in this capacity, no matter the kinship. 

Qualifications of a Personal Representative

The personal representative must be over 18 and mentally competent. Also, the person must formally accept that role before taking action for the estate. Then, that individual has the right to bring any legal case on the deceased’s behalf, including wrongful death claims. 

Removal of a Personal Representative

Be aware that Michigan also allows interested parties (which are usually the deceased’s beneficiaries) to petition for the removal of a personal representative. The court would only make this change with proper cause, such as the representative failing to perform an essential duty or becoming incapable of handling the responsibilities.

Does the Representative Who Brings the Suit Recover All of the Damages?

The personal representative does not have an automatic claim to all of the recoverable damages from a wrongful death motorcycle accident. However, because the person is often a close relative, she or he usually recovers a portion of the damages from the suit. 

(In the rare case that the individual is not a relative or beneficiary, they cannot claim compensation.)

An important element here is that any family member who wants to receive a portion of the compensation must present a claim for damages to the personal representative. Some states specify how much a relative should receive of the payout, depending on the closeness of the relationship. Michigan does not specifically describe how to apportion these funds. 

Instead, the courts attempt to distribute payouts equitably, which does not necessarily mean an equal division. As with other estate issues, the court considers the legal documents the deceased left regarding inheritance and asset distribution. 

As you can already tell, this process for filing a claim and recovering damages can get complicated quickly. Misunderstandings can occur, and tensions can run high, all at a sensitive time. If you need help navigating the process, don’t hesitate to call our wrongful death lawyers at Mike Morse Law Firm to assist your family.

What Damages Can the Family Recover?

Eligible family members can claim compensation for any losses the family has, as well as any losses the deceased experienced and could have claimed in a personal injury lawsuit. These fall into three categories.

Economic 

Economic damages are any specific bills and expenses, including medical costs. The family can also claim reasonable funeral and burial or cremation expenses. 

Other monetary losses include income, benefits and financial support the deceased would have provided had the individual not died. You also have the right to request compensation for the repair or replacement of damaged property.

Noneconomic

Your family can also claim compensation for mental and emotional anguish, including the loss of the deceased’s care and companionship. Additionally, you can file a claim for the pain and suffering that your loved one dealt with before passing away.

Punitive

Sometimes, you might be able to recover punitive damages. These punish the at-fault party for gross negligence or malice and deter others from acting similarly. 

Punitive damages are rare. However, they tend to be more common in wrongful death cases, so feel free to discuss with us whether your loved one’s wrongful death motorcycle accident qualifies. 

How Do You Establish Liability in a Wrongful Death Motorcycle Accident?

You will need solid evidence to win a wrongful death suit. Regrettably, this can sometimes prove more challenging in motorcycle accidents because of the bias some people have against riders. An insurer might question the claim and dispute the charges more aggressively than it would for a car accident. 

Still, your family has the right to compensation as long as you can provide clear proof that other parties were primarily responsible for the accident. In fact, Michigan’s modified comparative negligence rules mean that as long as you can show that your loved one had less than 51% of the responsibility for the crash, you can recover damages. 

First, you must show that an at-fault party’s negligent actions caused the accident that resulted in your loved one’s death. Then, you and other surviving family members have to specify the losses that you experienced because of that death. 

For economic damages, you will supply bills and estimates or expert witness testimony to calculate future expenses. Noneconomic losses require you to use an appropriate formula for calculating that intangible loss.

Who Can Be Liable for the Wrongful Death Motorcycle Accident?

Anyone who contributed to the incident that took your loved one’s life can be liable for wrongful death. Besides another motorist, you can bring a case against:

• A driver’s employer if the at-fault party was at work when the crash happened
• A vehicle or parts manufacturer for a defect that caused the crash
• An institution that overserved alcohol to a person who caused the accident while driving under the influence
• Any party who created an unsafe condition on the road, including nearby property owners or travelers

If a roadway defect was the reason for the crash, your claim might be against whichever government agency or department was responsible for that road. However, that entity must have been negligent in repairing the defect by allowing it to remain there for over 30 days.

You must bring claims against each responsible party to recover full compensation. Though this can require a lot of work, it’s worth it to get justice. Our wrongful death lawyers help you investigate and pursue each avenue.

How Long Does the Family Have To File a Claim?

In Michigan, the time limit for filing wrongful death claims is usually three years. Also, all people who have a right to compensation must receive notice within 30 days of the filing.

However, any claims against the government have a shorter timeframe. A claim against the state only has 120 days. If the liable party is a county, you have just 60 days.

Do You Need a Competent and Compassionate Wrongful Death Motorcycle Accident Lawyer?

You shouldn’t have to worry about unmanageable expenses while grieving the death of your loved one from a motorcycle crash. Let our wrongful death motorcycle accident attorneys help you get the compensation you deserve.

Get in touch with us at Mike Morse Law Firm for a free consultation.