Which Family Member Gets to be In Charge in a Motorcycle Wrongful Death Case? 

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.

When a motorcyclist is killed by a negligent driver, Michigan’s Wrongful Death Act is the law the applies. In such cases, an estate must be opened in Probate Court, and we call the person who died the ‘Decedent.’ Now, the person who can bring a lawsuit on behalf of the decedent, is called the ‘Personal Representative.’

If someone dies with a will, the Decedent puts in the will who he wants as his Personal Representative. Typically, it’s his or her spouse or family member. When someone dies without a will, there is an Order of Priority as to who has the right to be the Personal Representative.

First, it is the surviving spouse. Next it can be one of the Decedent’s adult children, siblings or a parent.

When the court appoints the Personal Representative, that person has the power to hire an attorney, sign a release to settle the case, and make other legal decisions for the estate.

Since this was written for The Motorcycle Legal Minute tm, it is just an overview.  For all the details about how Michigan’s Wrongful Death Act applies to motorcycle wreck cases, see our eBook ‘Michigan Motorcycle Wrongful Death Guide,’ located under Resources on this website.

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