Midland Motorcyclist Killed in Accident in Elk Rapids Township

Daniel Buckfire

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A Midland motorcyclist was killed in an accident that occurred in Elk Rapids Township earlier this week. Motorcyclist David Torkelson crossed the centerline and collided with a car in a head on collision. David Torkelson was pronounced dead on the scene, while the driver of the car was taken to the hospital for treatment. She is expected to survive but the severity of her injuries is uncertain. It is not clear what caused the motorcycle to cross the centerline, but the Antrim County Sheriff’s Office have ruled out alcohol and excessive speed as causes of the accident.

I frequently represent victims of motorcycle and car accidents and their families. Head-on collisions are often among the worst accidents because the full force and speed of both vehicles is behind the impact. My thoughts are with both the families, and I wish the car driver a speedy recovery from her injuries.

Even though it is not clear who is at fault, both drivers involved are entitled to No Fault benefits, which include payment of all hospital bills and medical expenses and a portion of Mr. Torkelson’s funeral expenses as well as additional benefits for the car driver depending on the severity of her injuries. These benefits could include payment for household chores that she can no longer do for herself and for any care or supervision of the injured driver that is required as a result of the accident. Finally, if she has to miss work because of injuries suffered in this car accident, her No Fault insurance will pay benefits for their lost wages.

The injury victims may also have claims for their personal injuries suffered in the accident. The driver who was determined to be free of fault would also have a claim against the negligent driver. If the motorcycle crossed the centerline because of someone else’s negligence, Mr. Torkelson’s family would have a wrongful death claim.