Motorcycle accidents often result in serious injuries, high medical costs, and lost wages. When you’re the one dealing with these challenges, getting the compensation you deserve becomes a top priority. But in Michigan, how much compensation you receive doesn’t just depend on the severity of your injuries—it depends on comparative fault.

The comparative negligence system determines the amount you can recover in a motorcycle accident claim. If you’re found to be even partially at fault, it can significantly reduce what you receive—or even lose it entirely. Insurance companies and opposing attorneys often push back hard, trying to assign more blame to you to limit their payout.

Let our seasoned Muskegon motorcycle accident attorney explain how the Michigan comparative fault affects motorcycle accident compensation and what you can do to strengthen your personal injury claim.

Understanding Comparative Fault in Motorcycle Accidents

Comparative fault is a legal principle that assigns a percentage of blame to each party involved in an accident. Under the Michigan modified comparative negligence rule, the compensation you can recover after a motorcycle accident is reduced by your own percentage of fault. 

Let’s say you’re riding through downtown Muskegon when an SUV turns left in front of you. You apply the brakes but still collide. Investigation shows that the SUV driver was texting and never checked for oncoming traffic, but you were going slightly over the speed limit. The court then decides that the driver bears 75% of the fault and you at 25%. 

So, if your total damages are valued at $200,000, you can only recover 75% of that figure, or $150,000, because of comparative fault. But remember, if you’re more than 50% at fault, you can’t collect any non‑economic damages, such as emotional distress or pain and suffering.

How Is Fault Determined?

Determining fault isn’t always black and white. Courts and insurance adjusters look at every factor that might have contributed to the accident, including:

• • • Rider Behavior

Speeding, distracted riding, or failure to obey traffic laws can impact your fault percentage.

• • • Road Condition

Road hazards can influence whether the accident was avoidable or if another party shares responsibility.

• • • Vehicle Safety

Fault might be assigned if your bike wasn’t properly maintained or lacked reflective gear or lights.

Challenges in Proving Comparative Fault for Motorcycle Accidents

Motorcycle accident claims come with their own set of hurdles, especially when proving who’s truly at fault. Here are some of the most common challenges that might raise your fault percentage if not properly addressed:

• • Helmet Use

Even though Michigan law allows certain riders to forgo helmets under specific conditions, insurance companies often argue that not wearing a helmet increases the severity of injuries, suggesting that you are partially responsible for the accident.

• • Rider Experience and Visibility

Insurance adjusters might use your level of experience or the visibility of your motorcycle against you, claiming that you should have anticipated the danger or you weren’t wearing reflective clothing to shift responsibility onto you. 

• • Conflicting Witness Testimonies

Motorcycle crashes happen in seconds, and the smaller size of a bike makes it harder for bystanders to gauge speed or lane position accurately. That leaves room for conflicting statements. 

• • Skewed Accident Reconstruction

Opposing counsel might hire experts to recreate the accident in a way that favors their client. If you don’t have a skilled attorney working with your own reconstruction specialist, it can be hard to counter their version of the events.

• • Defense Tactics

Opposing lawyers and adjusters might actively search social media for photos of you smiling after the crash to suggest you’re exaggerating your pain or hire experts who can argue that low-speed collisions can’t cause serious injuries. 

All of these can weaken your personal injury case and reduce your motorcycle accident compensation if you’re not prepared. Having a local Muskegon motorcycle accident attorney on your side is your key to overcoming them.

Strategies for Maximizing Compensation in Comparative Fault Cases

A successful claim requires a strategic approach. Here’s how you can improve your chances of securing full and fair motorcycle accident compensation:

Evidence Gathering

The foundation of any strong motorcycle accident case is solid evidence. Collect detailed photos and videos of the accident scene, your injuries, road signs, traffic signals, and any damage to vehicles involved. Request a copy of the police report as soon as possible—it’s an official record that often includes diagrams, officer observations, and preliminary fault assessments.

Bring in expert witnesses, such as accident reconstruction specialists who can analyze skid marks, vehicle damage, and surveillance footage to provide a clear picture of what happened, and medical experts who can testify to the extent of your injuries. The goal here is to create a comprehensive, fact-based picture that minimizes your share of the fault.

Case Preparation

Once evidence is gathered, how it’s presented becomes just as important. Organize your materials to tell a consistent and logical story about the accident and your injuries. Ensure your witnesses are prepared to give consistent and confident testimony. 

The opposing party might ask tight, leading questions that pin witnesses to a single account of what happened, leaving them no room to change their story. Practice depositions to reduce uncertain responses that insurers could use to undermine your case. 

Above all, competent legal representation ties every thread together. A competent Muskegon motorcycle accident attorney knows how to argue your case persuasively, anticipate opposing strategies, and fight for fair compensation for your injuries.

Secure Fair Compensation Today

Shafer Swartz PLC has spent decades protecting riders across West Michigan. Our experienced Muskegon motorcycle accident attorneys are ready to take on the insurance companies and fight for every dollar of the motorcycle accident compensation you’re entitled to. Contact us today at (231) 722-2444 or here to schedule a consultation. Let us evaluate your case and build the strongest strategy to help you secure the compensation you truly deserve.