Motorcycle Deer Accident Who Pays, Who is Responsible? Michigan Law Dealing with Deer Causing Motorcycle Wrecks.

The Motorcycle Legal Minute™ was created by Jason Waechter, THE Motorcycle Lawyer, to explain Michigan’s motorcycle law in a short and easy to understand way.

Can I Sue the Deer that Made Me Crash?

I remember the first day of law school, 26 years ago. We learned the Latin phrase, ‘fere natural.’ It means ‘wild by nature,’ and that is what a deer is. Deer that run across roads are wild. No one owns them, so there is no one to sue.

In a motorcycle - deer wreck, the biker is not entitled to no-fault benefits, because no ‘motor vehicle’ was involved (car, truck or van). Now, there have been a few times I’ve helped passengers of motorcycles when the operator hits a deer, by obtaining compensation from the motorcycle operator’s insurance policy.

What happens if you hit a deer on a motorcycle?

Nothing good happens when a motorcyclist hits a deer. Anytime a motorcycle hits something the rider can lose balance and control of the motorcycle. The biker could be thrown from the motorcycle and suffer severe injury or death. The deer impacting the motorcycle could also impact the motorcyclist and if there's a passenger, one or both could be injured or killed. A deer crashing into the side of your motorcycle may push you into oncoming traffic or into the shoulder or ditch causing a serious accident that could likely cause serious and life-threatening injuries. If you hit a deer head-on, it could cause your front wheel to turn and cause you to low-side. It could also cause instant serious injury due to the impact. In a 2009 study of deer-vehicle collision deaths, all 9 deaths were motorcyclists. Hitting a deer is serious for motorcycists, speed can increase the risk of serious injury or death.

How often do motorcycles hit deer?

According to the AAA, motorcycles account for about 70 percent of deer-strike fatalities, even though motorcycles only account for less than one percent of all vehicle miles traveled.

Deer-vehicle crashes caused 14 deaths and 1,335 injuries in 2018. Of the 14 people killed by Michigan deer accidents in 2018, 9 were motorcyclists, two were driving a vehicle, two were vehicle passengers and one was on a snowmobile. Of the 1,335 people injured but not killed in a deer crash, 193 were motorcyclists.

In other animal wreck cases that involve an animal that is owned by someone, there can be a case. The owner of the animal has a duty to keep the animal under control and not wander into the road. I’ve had many successful dog cases and even a goat case!

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