Michigan Train Wreck – MI Car Wreck
It does not take a genius to recognize that any accident involving a car and train is likely to result in serious injuries. The question for many involved in these wrecks often becomes: How am I going to pay for my medical expenses? The good news is that for accidents under these circumstances, PIP (personal injury protection) benefits are available under Michigan’s No-Fault Insurance Act because such accidents often arise out of the operation of a motor vehicle. Determining whether a motor vehicle is a motor vehicle, as defined by the Act, is always the first step in the analysis. So, for example, motorcycles and other non-qualifying vehicles such as ATV’s and dirt-bikes (which are excluded from the No-Fault Act) would not give rise to no-fault benefits for passengers on a train where those machines are the involved in a collision with a train.
Who Do I Sue In a Third-Party Claim?
If a motor vehicle (as defined in Michigan’s No-Fault Act) is involved in the accident, passengers aboard the train are entitled to PIP benefits to cover medical expenses, rehabilitation, lost wages, replacement services, transportation, etc. If a negligent driver of a motor vehicle caused the collision with the train that you are on, and you were seriously injured as a result of the collision, a third party lawsuit may be filed against the negligent driver for non-economic damages. If it is found that the operator of the train was negligent also, a negligence claim may be filed against the operator or owner of the train.
Contact a Michigan Personal Injury and No-Fault Attorney
If you have been injured in a train wreck, contact an experienced attorney today. We are experienced personal injury attorneys with a firm grasp on Michigan’s No-Fault laws. Even if the accident was not caused by another vehicle, a lawsuit probably exists against the operators/owners of the train upon which you were a passenger, or some other third party who failed to maintain signs, lights or tracks. Call us today for a free initial telephone consultation at 586-268-2400.