When a motorcyclist is killed in a hit-and-run crash, the family left behind has the right to pursue a wrongful death claim — separate from any criminal charges the driver faces. In Michigan, that civil case can recover funeral costs, lost income, and the full value of the relationship the family has lost. The criminal case and the civil case run on separate tracks, and one does not replace the other.
A Royal Oak driver is now facing serious criminal charges after a fatal hit-and-run crash in Fraser that killed a motorcyclist. According to CBS News coverage of the crash, the driver allegedly struck the rider and fled the scene. Fraser sits in southern Macomb County, an area where Khamo Law, PLLC handles cases regularly. If your family was affected, what you do in the next few weeks matters.
What Happens After a Fatal Hit-and-Run in Michigan
Michigan law gives families of crash victims two distinct paths: the criminal process handled by prosecutors, and a civil wrongful death lawsuit filed by the family. The criminal case — if the driver is convicted — may result in jail time, fines, and a revoked license. That outcome doesn’t put money in your pocket or replace the support your family has lost.
The civil wrongful death lawsuit is how the family gets compensated. Under Michigan’s Wrongful Death Act (MCL 600.2922), the personal representative of the deceased’s estate can bring a claim on behalf of the family. Recoverable damages include:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost wages and financial support the deceased would have provided
- Loss of companionship, guidance, and society — what the law calls “non-economic” damages
- Conscious pain and suffering the victim experienced before death
Hit-and-run crashes carry additional weight in Michigan courts. A driver who flees the scene has already demonstrated a disregard for the victim’s life. That conduct is relevant to the civil case as well.
The Criminal Charges Don’t Replace Your Civil Rights
Prosecutors work for the state. They decide what charges to file, what plea deals to offer, and how the criminal case moves forward. Families have no control over that process. Your civil attorney works for you — and your case has a different burden of proof (preponderance of the evidence, not beyond a reasonable doubt). That means a civil case can succeed even when a criminal case falls short.
Michigan families sometimes wait to see what happens in the criminal case before talking to a lawyer. That wait can cost them. The statute of limitations for a personal injury wrongful death action in Michigan is three years from the date of death under MCL 600.5805(2). Three years sounds like a long time. It isn’t — especially when you factor in the time needed to gather evidence, identify witnesses, and build the case before that deadline.
Who Can File a Wrongful Death Claim in Michigan
Not everyone can file. Michigan’s Wrongful Death Act designates the personal representative of the estate as the party who brings the lawsuit — but the claim is filed on behalf of specific family members, including:
- A spouse
- Children (including adult children)
- Parents
- Siblings
- Grandparents
- Any other person who was financially dependent on the deceased
If your family member was the motorcyclist killed in this crash, and you’re unsure whether you qualify to pursue a claim, a consultation with an attorney will clarify that quickly.
How Michigan’s No-Fault Law Affects a Motorcyclist’s Family
Michigan’s no-fault insurance system is built around cars, not motorcycles. Motorcycles are specifically excluded from the standard PIP (Personal Injury Protection) benefit structure under MCL 500.3107. This is one of the most confusing parts of Michigan law for families who’ve lost a motorcyclist.
Here’s what that means practically:
- The motorcyclist’s own insurance policy may not include PIP coverage the way a car policy would
- The family may be entitled to claim PIP benefits through a household member’s auto insurance policy
- If the at-fault driver had auto insurance, that policy becomes a primary source of recovery
- In a hit-and-run where the driver is identified and charged, the driver’s insurance (and potentially the driver personally) can be pursued civilly
If the at-fault driver had no insurance, Michigan’s Assigned Claims Plan may provide some coverage — but the rules are narrow and time-sensitive. Don’t assume you have no options. Understanding what happens when you’re hit by an uninsured or underinsured driver is exactly the kind of question an attorney needs to walk through with you.
The Threshold for Non-Economic Damages
In most Michigan auto accident cases, a victim has to meet a legal threshold before collecting non-economic damages like pain and suffering. Under MCL 500.3135, that threshold requires showing “serious impairment of body function” or “permanent serious disfigurement.”
In a wrongful death case, this threshold analysis is different — death is itself the ultimate injury. The focus in a fatal hit-and-run claim shifts to proving liability and calculating the full scope of the family’s loss.
What the Family Should Do Right Now
The days immediately after a fatal crash are disorienting. The family is grieving. The police are investigating. Insurance companies may start calling. Here’s what to focus on:
- Do not give recorded statements to any insurance company — the at-fault driver’s or your own — before speaking with an attorney
- Preserve everything: photos of the scene if any were taken, the victim’s motorcycle, any dashcam footage, police report number
- Write down everything you remember about what you were told at the scene or by police — memories fade
- Ask the investigating agency (Fraser Police or Macomb County Sheriff, depending on jurisdiction) for a copy of the incident report as soon as it’s available
- Find out who the personal representative of the estate is or will be — this person will be the named plaintiff in the civil case
- Contact a wrongful death attorney before the insurance companies close in
According to the National Highway Traffic Safety Administration, motorcyclists are about 24 times more likely to die in a crash than occupants of passenger vehicles per mile traveled. Hit-and-run crashes compound that danger by delaying emergency response. That context matters when a jury is evaluating how seriously to take the harm done.
For a broader look at what Michigan families face after a motorcyclist is killed, our overview of motorcycle accidents in the Detroit area covers the key legal landscape.
Why Hit-and-Run Cases Can Actually Be Stronger Civil Claims
Counterintuitively, hit-and-run cases where the driver is caught and charged often make stronger civil claims than ordinary accidents. Here’s why:
- The driver’s flight from the scene is evidence of consciousness of guilt
- Physical evidence — skid marks, vehicle debris, surveillance footage — is often preserved by the police investigation
- Criminal charges and any admissions in police reports can support the civil case
- Juries tend to view a driver who fled a dying motorcyclist very seriously
The evidence gathered by police in the criminal investigation doesn’t disappear when the civil case begins. Your attorney can use discovery to obtain police reports, toxicology results, and witness statements.
Families in the Sterling Heights and Warren area dealing with motorcycle crash losses may also find our pages on Sterling Heights motorcycle accident representation and Warren motorcycle accident cases useful starting points.
What Wrongful Death Damages Actually Look Like
This question comes up in every family consultation. Michigan doesn’t cap wrongful death damages the way some states do. What a jury can award depends on the specific facts of the case — the victim’s age, earning history, the nature of the family relationships, and the circumstances of the crash.
In practical terms, cases involving a working-age adult with dependents — a spouse, children, aging parents — can produce substantial verdicts. The income the person would have earned over a working lifetime is calculated using actuarial tables. The loss of companionship and guidance is evaluated based on the specific relationships the victim had with surviving family members.
For a direct answer on how Michigan calculates case value, our post on what a Michigan personal injury case is worth breaks it down without the legalese.
Frequently Asked Questions
Can we sue the driver even if he’s already being criminally charged?
Yes. The criminal case and the civil lawsuit are completely separate. The prosecutor handles the criminal case on behalf of the state. Your family’s attorney handles the civil case on your behalf. Both can proceed at the same time, and a guilty plea or conviction in the criminal case can actually strengthen your civil claim.
What if the driver’s insurance denies coverage because it was a hit-and-run?
Insurance companies sometimes try to minimize or avoid payouts in hit-and-run cases. But if the driver is identified and had active insurance at the time of the crash, that policy is on the hook. If there are coverage disputes, an attorney can push back — and in some situations, uninsured motorist coverage on a household auto policy may also apply.
How long does a Michigan wrongful death case take?
Most cases settle before trial, but the process still takes time. A straightforward case where liability is clear might resolve in 12 to 18 months. Cases that are contested — or that go to trial — can take two to three years. That’s why starting early matters: the evidence is fresher, witnesses remember more, and you’re not racing against the statute of limitations.
Does the motorcyclist’s own driving record or behavior affect the claim?
Michigan uses a comparative fault system. If the motorcyclist bore some responsibility for the crash, that could reduce the damages awarded — but it doesn’t eliminate the claim. In a hit-and-run case where the driver fled, proving the driver’s fault is usually not the hard part. The harder question is often the full calculation of damages.
Who pays for the funeral if the civil case takes years?
Funeral and burial costs can be included in the wrongful death claim and recovered as damages. In the short term, some families use life insurance or their own resources and then recover those costs through the lawsuit. An attorney can also evaluate whether any immediate sources of compensation are available, including PIP benefits through a household auto policy.
What if we can’t afford a lawyer right now?
Khamo Law, PLLC handles wrongful death cases on a contingency fee basis. That means there are no upfront legal fees. The firm is only paid if and when the case resolves in your favor. A free consultation costs nothing and tells you where you stand.
If you lost someone in this crash — or you’re a family member trying to figure out your next step — talk to us before you sign anything or give any recorded statements. Khamo Law, PLLC offers a free consultation for wrongful death and motorcycle accident cases throughout Macomb County, Oakland County, and the surrounding region. Call 248-466-0606 or reach us through the contact form on our site. نتحدث العربية والكلدانية ونحن هنا لمساعدة عائلتك.