The Michigan motorcycle accident attorneys at the Southfield, Michigan personal injury law firm of Buckfire & Buckfire, P.C. recently obtained a significant jury verdict in a motorcycle accident insurance trial. Attorney George Burke was the lead trial attorney in this lawsuit filed by Grange Insurance Company against four bikers injured in a motorcycle accident. The insurance company had refused to pay essential Michigan No-Fault Insurance benefits to the motorcyclists and their passengers that resulted from a September 20, 2008 accident.
The bikers were injured when in a motorcycle accident on September 20, 2008. One of the motorcyclists was travelling eastbound on Jefferson in Columbia Township, when he observed approximately 300 other motorcyclists travelling westbound. The westbound motorcyclists were on a charity “poker run” for other fallen bikers. Unfortunately, the eastbound motorcyclist did not see that a Chevy Suburban had stopped in the roadway. It is believed that the operator of the Suburban placed his motor vehicle in park as the brake lights and taillights were not illuminated. The lack of brake lights and taillights on the Suburban slowed the perception reaction time of the eastbound motorcyclists. The eastbound motorcyclist was forced to lay his bike down, sliding into the rear of the Suburban and bouncing off the Suburban into the westbound lane, striking one of the westbound motorcyclists.
The injuries on the motorcyclist varied from sprains, road rash, to broken bones requiring surgery. The surgeries varied from arthroscopic surgeries to open reduction internal fixation surgery with screws and plates. The worst injured motorcyclist was away from work for approximately 10 months and when she returned to work, her position was filled and she was demoted.
The insurance company agreed as to the amount of medical expenses, attendant care, services, household services, and lost wages incurred by the accident victims as a result of the incident. However, the insurance company disputed that it was responsible for paying those benefits based upon its contention that that there was no involvement with its insured vehicle (the Suburban) at the time of the accident. “Involvement” does not require contact, but if there is contact with a motor vehicle then the motorcyclists were entitled to Michigan No-Fault benefits. There was strong evidence that there was direct contact with the bumper of the Suburban. Interestingly enough, the owner of the Suburban filed a property damage claim for the damage to the Suburban against the eastbound motorcyclists’ insurance company and was paid.
The
motorcycle accident case was tried before a jury for two days in the Monroe County Circuit Court. The jury was presented testimony from several witnesses, including the investigating police officer’s report, that there was actual contact between the eastbound motorcycle and the automobile insured by Grange. Although Michigan law does not require a showing of actual contact with a vehicle, but rather involvement, the evidence at trial was overwhelming that actual contact did occur between the motorcycle and the insured vehicle. Based upon this overwhelming evidence, the trial judge granted the injured bikers a directed verdict.
The directed verdict meant that the injured motorcyclists had prevailed at trial and awarded them all of their claimed benefits. The jury then returned to the jury room to deliberate whether they should assess penalty interest against Grange Insurance Company for their unreasonable denial of the no-fault insurance benefits. The jury determined that the insurance company must pay $50,000 in penalty interest for improperly denying the claims. Based upon this determination and other factors under the Michigan No-Fault Insurance laws, the trial court can award significant attorney's fees against the insurance company and for the injured motorcyclists. A Motion for Attorney's Fees for a determination as to the amount of those fees will be filed with the trial court shortly.
For more information about his firm, visit Buckfire & Buckfire P.C. law firm website at http://www.BuckfireLaw.com or call our office at (800) 606-1717. Buckfire & Buckfire P.C. handles all types of motor vehicle accident lawsuits, including car, truck, and motorcycle accidents, and no-fault insurance claims.
About Lawyer Central
Lawyer Central Network is a nationwide network of attorneys using technology to increase their individual exposure.
Lawyer Central is emerging as a leading public relations and mixed media marketing organization for fast-growing law firms and forward-thinking attorneys. Lawyer Central membership includes access to cutting edge technology, as well as various types of media exposure ranging from practice area videos and in depth interviews to complete public relations and internet relations management.
