Posted on August 28, 2013 in Personal Injury
Michigan attorney discusses a motorcycle crash that happened a week ago and left a motorcyclist from Brighton dead yesterday.
Police in Brighton, Michigan have indicated that a motorcyclist from the city died Tuesday as a result of injuries sustained in a crash a week ago. Carlyle Cafini, 65, died at McLaren Hospital in Pontiac. He was operating a 1995 Honda going west on Huron at State Street in Pontiac on August 21 when another motorcyclist with whom he was riding turned right onto State Street in front of him. The motorcycles collided and Cafini, who was wearing a helmet, was thrown off of his bike. He was then taken to the hospital and classified as in ‘critical condition.’ The other motorcyclist was a 73-year old Brighton resident operating a more recent motorcycle. As of this morning, the case was still under investigation. More information is available at: http://www.freep.com/article/20130828/NEWS05/308280092/Brighton-man-dies-from-injuries-sustained-in-motorcycle-crash.
Michigan Motorcycle Law
Michigan motorcycle law exists as an interesting combination of common and statutory law. As with almost all American jurisdictions, the ‘common law’ of the state provides the basis for the claim of negligence. Negligence suits allege that one party has breached a duty of care owed to another, and that this breach of duty was responsible for an injury. There are various defenses available to negligence suits, but the most prominent of them is ‘comparative negligence.’ This statutory defense provides that if the injured party was more than fifty percent responsible for their own injury because of their own negligence, they may be denied recovery entirely.
In addition to the general common law system that we have in place here in Michigan, there are also a number of statutes that have been put in place for the purpose of relating motorcycle crashes and crash lawsuits to insurance regimes. Michigan has a ‘no fault’ insurance regime, which means that, generally, individuals own insurance pays for their injuries as a result of an accident. As with many things, however, though the case is similar for motorcycles, it is slightly different. Motorcycles are not considered ‘motor vehicles’ under the terms of the law in question, and so it is often necessary to retain a Michigan motorcycle accident attorney to help recover damages.
As we have seen, the sources of law for motorcycle accidents are multiple and complex. Although the law is designed to be ‘for the people,’ the sheer proliferation of possibilities that has come about in the 20th century has meant that law has had to take account of more than ever before. This in turn has led to a more complex legal regime which often makes it difficult for citizens to understand. These developments make lawyers more necessary than ever.