BICYCLE

ACCIDENTS

Upper Michigan Bicycle

Accident Attorneys

In Upper Michigan, we know that cycling and other outdoor activities only take place on a seasonal basis. But when that time comes, the weather is beautiful, and there is no better place to be outdoors than in Michigan’s Upper Peninsula. In the summer and surrounding months, individuals cycle for exercise, leisure, sport, and to and from work. In fact, Michigan has been recognized by the League of American Bicyclists as one of the top 15 bicycle-friendly states. This ranking is based in part on Michigan’s bicycle-friendly laws and the state’s support for bicycling education and events. Unfortunately, there is a downside to Michigan’s lovely and accommodating cycling conditions. The favorable environment leads to more bicycles on the road, but more bicycles on the road mean more accidents. When a bicycle accident involves another car or truck, the injuries can be catastrophic. A 20 to 80-pound bicycle is no match for a 2,5000-pound car, much less an 80,000-pound semi-truck. Unlike airbags and other safety components to protect drivers of cars and trucks, bicyclists often have nothing more than a helmet for protection. Our Upper Michigan bicycle accident attorneys were born and raised in Michigan’s Upper Peninsula. We are familiar with the perils of biking on our roads and highways. We are also aware that some motorists treat cyclists as annoyances who have less rights than those operating cars or trucks. When this happens and a driver injures someone on a bicycle, we have an axe to grind. If you or a loved one were injured in a bicycle accident, contact Laydon Law Group, PLLC, the Upper Michigan Injury Lawyers, at (906) 448- 4249, info@upinjurylawyers.com, or click here for a free consultation at any time, including nights and weekends.

Do Michigan’s Laws Apply the

Same to Bicyclists as to Other

Motorists?

A person riding a bicycle on a roadway in Michigan has the same rights as drivers of motor vehicles. Similarly, bicyclists must obey the same rules of the road. MCL § 257.657 expressly provides that “[e]ach person riding a bicycle...upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle....” When a car or truck driver attempts to treat a bicyclist any different than another motorist, he is violating Michigan law. However, there are distinct and important protections afforded to bicyclists on Michigan’s roadways. One of these is known as the “3-foot rule.” Under Michigan law, other motorists must give bicyclists at least three feet of space when passing the bicyclist. This law can be found at MCL § 257.636. Subject to limited exceptions, it is important to note that three feet is the minimum. The law also calls for passing at a “safe distance.” What is safe at 15 miles per hour may not be safe at 70 miles per hour. Faster speeds can create dangerous wind gusts. These speeds also leave less room for error if a motorist determines at the last second that he or she cannot pass safely due to a vehicle in a blind spot, for example. Note that some counties in Michigan have gone even further and now require at least five feet when passing.

Who Will Pay for My Injuries?

Similar to an accident involving only cars or trucks, Michigan’s No-Fault Law applies to a bicycle accident, as long as the accident involves at least one other car or truck. This means that when a motorist violates the 3-foot rule or other rules of the road and injures a bicyclist, the bicyclist is entitled to the same no-fault benefits as if injured in a motor vehicle. Your own auto insurance company may compensate you for medical expenses and wage loss. You may also be able to bring a negligence lawsuit against the at-fault motorist for excess medical expenses, excess wage loss, pain and suffering, loss of enjoyment of life and other damages. On the other hand, if the bicycle accident does not involve another motor vehicle, Michigan’s No-Fault Law does not apply. For example, if you lose control and hit a tree, you would not be entitled to no-fault benefits from an auto insurance company. You would then have to turn to another source of compensation for your injuries such as your health insurance.

What Deadlines Apply to My

Michigan Bicycle Accident Case?

Michigan has strict deadlines that must be met. If they are not, you may lose your ability to make a claim or bring a lawsuit. The following time limits generally apply: • You must give notice of your injury to your own insurance company within one (1) year from the date of the accident to recover no- fault benefits, e.g., medical expenses and wage loss. • If your own insurance company wrongly denies your claim for no-fault benefits, you have one (1) year from the date of formal denial to sue your insurance company for no- fault benefits. • Under MCL § 600.5805, you generally have three (3) years from the date of the crash to sue a negligent driver for excess medical expenses, excess wage loss and noneconomic damages, including pain and suffering, loss of enjoyment of life, etc. • Note that other deadlines may apply, including when bringing claims against governmental entities.

Have your Upper Michigan Bicycle

Accident Case Evaluated at No Cost

When another driver harms a bicyclist, our Upper Peninsula personal injury attorneys will hold them accountable. We will analyze your case and inform you of your options at no cost. If we do take your case, we only earn a fee if we recover for you. If we are not successful, it costs you nothing. If you or a loved were injured as the result of a bicycle accident, contact Laydon Law Group, PLLC, the Upper Michigan Injury Lawyers, at (906) 448-4249, info@upinjurylawyers.com, or click here for a free consultation.