Legal Question in Personal Injury in Michigan
motorcycle liability and dividing an estate
My father was killed recently on a motorcycle by a truck. Rumor has it that the truck driver admitted fault but nothing is confirmed. Can we sue him and his insurance? What is my dad had alcohol in his system? Can we not get accidental deth policies because of this? Also, he did not have a will. My mother is beneficiary on his insurance policies and we are not going thru probate. Does she have the legal right to all of the monies, or does it need to be split amongst her and the adult kids.
2 Answers from Attorneys
Re: motorcycle liability and dividing an estate
Hello, I have received a copy of your e-mail regarding your father's untimely death. You have raised issues that fall under Michigan's tort laws, civil procedure laws, and estate laws. It is difficult to give you specific answers because of the number of issues and the fact that the answers will be based on specific facts that aren't mentioned in your questions. Please feel free to give me a call so that we can discuss the specifics of your case. Personal Injury and estate/probate matters are both areas of concentration for my firm. John C. Talpos (248) 743-6800 (http://www.Mich-Lawyer.com)
Re: motorcycle liability and dividing an estate
We are sorry to learn of your father's death. You have our condolences.
Generally (we have to answer your question in general terms since we need a lot more information to provide you with more definitive answers) under Michigan tort law, in order to have a case against an at-fault driver, a person must be injured (there is a death so this criteria is met) and there must be another party responsible for the injury. If it is determined that your father had alcohol in his blood at the time of the accident but he is less than 50% at-fault (meaning the truck driver was more at fault) then there is likely to be a case that can be brought to our courts. The accident report is needed to make a better determination but it is possible that you father could have a small presence of alcohol in his system but the truck driver could have fallen asleep at the wheel making him/her more at fault for the accident.
As far as the distribution issues for your fathers money and speaking in general terms since more facts are needed but the insurance proceeds will go to the named beneficiary. If the home is in joint name then that will go to your mother as well. Wrongful death proceeds if a lawsuit is filed and won will be divided according to the statute.
We are very interested in discussing this case in more detail. You may contact our office toll-free at (800) 209-4000.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
