Legal Question in Personal Injury in Michigan

My brother died in a motorcycle accident when his bike hit a steel residential mailbox that had a cement base 4 feel underground. my brother hit the mailbox and it cut his gas tank in half which caused the bike to blow up. Death certificate states cause of death as blunt force trama. the mailbox didnt even move. Is this a situation of wrongful death?


Asked on 10/26/10, 10:16 pm

2 Answers from Attorneys

William Stern William Stern, P.C.

If you are thinking of suing the mailbox owner, forget about it. There is nothing wrong with securely mounting the mailbox so it does not move when people back into it. There is something wrong with going off the road into the mailbox. If it was a single vehicle accident, then there is no one to go against. If some other vehicle forced your brother off the road, that is the target. William S. Stern

Read more
Answered on 11/01/10, 3:47 am
Shelly Schellenberg MI & FL private practice

Unless, of course, the owner installed the mailbox in such a way that a motorist was certain to hit it. Was it steel, mounted in cement because it had been hit by 20 other drivers? Perhaps the curve of the road, sight distance, or location of the mailbox contributed to this mailbox being particularly hazardous to motorists, and the owner/installer knew this, but intentionally disregarded safety and the inevitable injury/death this would cause. Take photos of this mailbox from every angle and distance. Determine if other persons have hit it by talking with neighbors or police. Then see an attorney if you think you may have a case.

Read more
Answered on 11/01/10, 5:37 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Michigan