Motorcycles and Michigan No-Fault Law in 2023

Published: October 14, 2023

Lansing, MI (The Motorcycle Lawyer) - When it comes to no-fault insurance, motorcyclists follow a unique set of rules. Unlike drivers of traditional vehicles, motorcyclists are not required to purchase mandatory auto no-fault insurance. However, if a motorcyclist is injured in an accident involving a motor vehicle, they are entitled to full no-fault Personal Injury Protection (PIP) benefits. This creates a distinct category of claimants, and here's what you should understand about motorcycles and Michigan No Fault Law in 2023. Click here for the full story

Fatal Motorcycle Accidents Up 4% In Michigan, Increasing Crash Rates Could Impact Insurance Costs

Published on August 23, 2023 at 4:50 PM

News

Michigan, USA (The Motorcycle Lawyer) — The escalating number of crashes on Michigan's roads since 2020 has not only raised concerns about safety but also prompted a surge in insurance rates.

Recent data released by the Michigan State Police Criminal Justice Information Center reveals a troubling rise in various crash statistics across the state. These alarming trends are not only a matter of public safety but are also contributing to a spike in insurance premiums.

Last year alone witnessed a 4% surge in overall crashes, accompanied by a staggering 28% increase in work zone-related accidents. Fatal work zone crashes saw a worrying upswing of 15%, while deadly motorcycle crashes rose by 4%.

Tragically, 1,100 individuals lost their lives in traffic-related incidents in Michigan in 2022, marking a 15% increase compared to figures from 2018.

This surge in crashes is impacting drivers in terms of insurance costs. According to insurance experts, this trend prompts insurance companies to reassess their rates, factoring in the rising expenses and costs projected for the upcoming premium year.

Dave Fox, an insurance analyst, explained, "Insurance companies have to take a comprehensive view of the market and align their rates based on anticipated expenses and costs for the following year." He further emphasized that these adjustments are distributed across all drivers, with further individualization based on various personal factors.

A recent Market Watch report highlights Michigan's position as one of the states with the highest auto insurance costs nationwide. On average, full coverage is now costing drivers approximately $3,700 annually, as per the report's findings.

Carlo Lyons from Detroit shared, "Compared to what people in other states are paying, I believe we have the highest rates in the whole country. I'm paying double what others are paying right now, and I find that really challenging."

Comparing Michigan's rates to those of other states is complex due to Michigan being the only state offering unlimited PIP (Personal Injury Protection) medical coverage. State officials attribute the disparity to this unique coverage option.

In efforts to manage insurance rates effectively, experts advise consumers to be proactive. Shopping around for car insurance options tailored to budget constraints, along with maintaining a clean driving record, can help mitigate escalating insurance costs.

Motorcycle crash takes life of Michigan man on Saturday afternoon

Published July 22nd, 2023 7:27 AM EDT - The Motorcycle Lawyer

News

The Monroe County Sheriff's office says the 49-year-old man lost control of his bike while trying to negotiate a curve.

MONROE, Mich. — A 49-year-old Monroe, Michigan man is dead after a motorcycle crash in Monroe County on Saturday afternoon.

The Monroe County Sheriff’s Office says Roland Laura III, was riding south in the 12000 block of Plank Road southeast of Milan just after 3:30 p.m. when he lost control of his bike while trying to negotiate a curve in the road.

Police say Laura’s motorcycle hit an embankment, which resulted in Laura being thrown from the bike.

The motorcycle continued in motion before coming to a stop in the driveway of a home.

Laura was taken to a hospital in Ypsilanti, where he was pronounced dead from his injuries.

According to police, Laura was not wearing a helmet at the time of the crash.

Police also believe speed and alcohol may have played a part in the crash.

Anyone with information about the crash is asked to call the Monroe County Sheriff’s Office Traffic Services Division at 734-240-7541.

Later in the evening, a 25-year-old man from Ney, Ohio in Defiance County died in a motorcycle crash in Paulding County just after 7 p.m. 

The Ohio State Highway Patrol says Eathon Michael Miller was driving on County Rd. 179 when he went off the left side of the road and overturned.

Miller was pronounced dead at the scene.

One of the biggest accident threats to motorcycles is when an oncoming vehicle turns left directly into the motorcycle's lane, leaving no options for the biker to escape. Keep your eyes open and watch for motorcycles.

How do I treat a dark traffic signal at an intersection? Knowing the answer can prevent an accident - Says Jason The Motorcycle Lawyer

With all the intense storms we've seen pass through Michigan recently, we thought it a good idea to put out a PSA on traffic signal outage and how to legally approach and pass through the intersection.

Question: How do I treat a dark traffic signal at an intersection?

Answer: When a signal at an intersection loses power and there are no other traffic control devices (e.g., stop sign, yield sign, temporary signal, temporary sign) or police officers present at that intersection to provide direction, the intersection will be treated as a four way stop. 

MCL 257.649 requires a driver approaching an intersection with a traffic control signal that does not clearly indicate the right of way or is malfunctioning to treat the intersection as a four-way stop by doing the following: 

Stop at a clearly marked stop line, or, if there is no clearly marked stop line, stop before entering the crosswalk on the near side of the intersection, or, if there is no crosswalk, stop before entering the intersection. 

Yield the right of way to all vehicles in the intersection or approaching on an intersecting road, if those vehicles create an immediate hazard when the driver is moving across or within the intersection.

Exercise ordinary care while proceeding through the intersection. 

The “four-way stop” rules do not apply to the following:

An intersection that is controlled by a traffic control signal that is flashing yellow unless certain events occur, including, but not limited to, activation by an emergency vehicle.

A traffic control signal that is located in a school zone and is flashing yellow only during prescribed periods of time.

Remember to use extra caution at traffic signals that have lost power and/or are not functioning properly as other drivers may not understand the rules or may not be paying attention and could run the intersection without stopping at all.

Disclaimer: This information is for general informational purposes only and should not be relied upon as legal advice without consulting with a licensed attorney. This is not intended to substitute for the advice of an attorney. The law is subject to frequent changes and varies from one jurisdiction to another. Some of the information on this site may be deemed attorney advertising in some states. No attorney-client relationship is formed nor should any such relationship be implied. Past results are no guarantee of future results.

Michigan’s Hands-Free Cell Phone Law Explained - The Motorcycle Lawyer

Michigan’s new hands-free cell phone law will be activated on June 30, 2023. That means on June 30, 2023, the new law is in effect. Jason Waechter, THE Motorcycle Lawyersm, explains Michigan Compiled Law, MCL 257.602b “Reading, typing, or sending text message on wireless 2-way communication device prohibited; use of hand-held mobile telephone prohibited.”

What Can’t You Do Now?

The new hands-free law pertains to “operating” a motor vehicle while holding a phone is now in effect.  Basically, just holding your phone while behind the wheel is an infringement.  There are even more serious penalties if you violate the following:

You can NOT send or receive telephone calls;

You can NOT send, receive or read text messages;

You can NOT access, read or post on social media;

You can NOT view, record or transmit video;

You can NOT dial a number by hand;

You can NOT type an address into GPS or a navigation feature;

Visit Our Full Article on Michigan's Hand-Free Law - Click here.

https://www.motorcyclelawyermichigan.com/Michigans-Hands-Free-Driving-Law

Jason The Motorcycle Lawyer reminds everyone that one of the biggest accident threats to motorcycles is when an oncoming vehicle turns left directly into the motorcycle's lane, leaving no options for the biker to escape. Keep your eyes open and watch for motorcycles.

Ann Arbor Settles Motorcycle Pothole Injury Lawsuit for $99,000

Published: Jun. 23, 2023, 1:03 p.m. - The Motorcycle Lawyer

ANN ARBOR, MI — The city of Ann Arbor has reached a settlement in yet another lawsuit related to a street pothole. City Council voted on June 20 to approve a $99,000 payout to Christine Harris, who suffered injuries in an accident while riding as a passenger on a motorcycle that hit a pothole.

According to Harris' complaint, the incident occurred in May 2019 on southbound Pontiac Trail near Moore Street. She alleged that the city's negligence in properly maintaining the roadway led to the accident.

During the incident, Christine Harris was traveling with her ex-husband, Kenneth Harris. They realized they were going the wrong way on a one-way street, attempted a U-turn, and hit a pothole, causing the motorcycle to tip over and severely injuring Christine's ankle, as stated in court records.

Initially, the city denied responsibility and contested the case in court. However, the City Council has now decided to settle the matter for $99,000 without admitting liability, as per the approved resolution.

The city attorney's office provided counsel on the matter through a confidential memo dated May 30.

This marks at least the third instance in the last year where Ann Arbor has agreed to significant settlement payouts in cases involving potholes. In March, the city approved a $15,000 payout to a jogger who claimed injury from stepping in a pothole on Brooks Street. Last August, another claimant received $24,500 after being injured in a pothole incident on Sunset Road.

Christine Harris filed her lawsuit in March 2020 at the Washtenaw County Circuit Court. Initially, the city tried to invoke governmental immunity and have the case closed, but Judge Tim Connors denied the motion, stating that there were sufficient questions about the city's liability. The city then appealed to the Michigan Court of Appeals, which upheld the lower court's decision in January, stating that the city's motion was rightly denied.

While the city contended that it was unaware of the specific pothole in question, evidence submitted by the plaintiff indicated progressive deterioration of the roadway over several years. Nevertheless, the city maintained that the road was reasonably safe for public travel.

City Council took action on June 5 by approving a nearly $4 million project to repair the bumpy southern stretch of Pontiac Trail, along with Swift, Moore, and Wright streets.

As of now, neither Harris nor her attorneys have provided further comments on the settlement of the lawsuit.

One of the biggest accident threats to motorcycles is when an oncoming vehicle turns left directly into the motorcycle's lane, leaving no options for the biker to escape. Keep your eyes open and watch for motorcycles.

Calls To Update Handsfree Law Ring Out in Michigan

Michigan Distracted Driving Law May Be Revised

Michigan lawmakers are considering revisions to the state’s texting and driving ban to ensure that phones are kept out of drivers’ hands, regardless of whether it’s for sending a text, taking a call or posting on social media. The proposed changes seek to update existing legislation that was enacted in the age of flip phones, which means that police are unable to issue citations to drivers who use their phones to stream a video or access social media platforms.

Under the current law, texting and driving is prohibited in Michigan, and violators face a $100 fine for the first offense and $200 for subsequent violations. However, with the increasing use of smartphones, legislators believe that the law needs to be amended to include a broader range of mobile device usage while driving.

Rep. Matt Koleszar, D-Plymouth, is one of the sponsors of a bipartisan bill package that would prohibit drivers from holding a mobile electronic device while driving in most circumstances, including making or taking a call, text messaging, recording a video, or using social media. The aim is to save lives lost due to distracted driving, he said.

Exceptions would include the use of equipment by police, fire and emergency responders, and the use of phones to report a traffic accident or crime. Drivers could also use a cell phone mount, Bluetooth or in-vehicle systems for handling calls, navigation or music. Electronic medical devices such as insulin pumps, CB or ham radios, and two-way radio devices would also still be allowed under the proposed legislation.

The bills were unanimously reported to the House floor on Wednesday by the House Transportation, Mobility and Infrastructure Committee. However, to become law, they must be supported by a majority in the House and Senate and signed by Gov. Gretchen Whitmer.

Violations would be treated as a civil infraction, similar to existing law. Repeat offenders may have their license temporarily suspended, and penalties would increase if the distracted driving caused an accident.

The proposal would come with a five-year sunset, “just to make sure that these are doing what we aim for them to,” said Koleszar, who is optimistic that the legislation will be approved. Governor Whitmer has previously expressed support for the concept, and the bills have the backing of transportation groups, brain injury organizations, and retired General Motors executive Steve Kiefer, whose son Mitchel was killed in a distracted driving accident on I-96 in 2016.

Flint Police Investigate Motorcycle Crash that Closed Dort Highway for Hours

Genesee county, MI - A woman has been left in critical condition following a motorcycle accident in Flint, Michigan, which closed Dort Highway for several hours.

Flint police responded to the scene at around 7 p.m. on Tuesday, March 21, near the intersection of South Dort Highway and East Court Street, where a Harley Davidson motorcycle and a Honda motorcycle collided while traveling south on South Dort Highway.

According to on-scene investigators, speed was a contributing factor in the crash. The 59-year-old woman riding the Harley Davidson suffered head injuries and was transported to a local hospital. She is currently listed in critical condition.

Police have ruled out alcohol and drugs as factors in the accident.

The crash resulted in the closure of Dort Highway between Court Street and I-69 for several hours, according to the Michigan Department of Transportation.

The Flint Police Department is investigating the accident and asks anyone with information to come forward.

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What's a CY Endorsement?

In Michigan, a CY endorsement is a designation added to a driver's license that allows bikers to operate a motorcycle on public roads. The endorsement is added to a standard Michigan driver's license after the completion of a motorcycle safety course or a motorcycle skills test. To qualify for a CY endorsement, the applicant must be at least 16 years of age, have a valid Michigan driver's license, and pass a vision test. The CY endorsement indicates that the holder has met the state's requirements for motorcycle operation and is authorized to ride a motorcycle on public roads.

Why do you need a motorcycle endorsement?

As we've mentioned on other pages of the site, there are good reasons for you to obtain you cy endorsement. Consider if you are pulled over for a traffic violation and you don't have your cy endorsement, you could get two points on your driver's license. You caould also end up paying a fine. If you're involved in a motorcycle wreck without having the cy endorsement, that can be used in court to paint you as improperly prepared to ride safely. I've worked with multiple motorcycle accident clients who didn't have their cy endorsement, and the opposing lawyers used the lack of the cy endorsement on their driver's license to position my clients as inexperienced law-breakers. Of course, I didn't let that fly as my clients were all very experienced and we could show it. It would always look best in that situation, ideally, to use the cy endorsement as evidence of experience.

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