As Michigan bicycle accident lawyers, we recognize that victims of accidents in Michigan have a lot of questions about their legal rights. We try to answer many of your questions below. Of course, you probably have a question or concern unique to your own individual case that needs the attention of an experienced Michigan bicycle accident attorney.
Yes. You can receive Michigan no-fault insurance benefits after a bicycle accident if there was a motor vehicle involved in the accident. These benefits include payment of medical expenses, lost wages, transportation expenses, attendant care services, and household services.
The key to obtaining your insurance benefits after a bicycle accident in Michigan is determining which no-fault insurance company is responsible for paying your benefits. In Michigan, there is an Order of Priority for determining which insurer must pay benefits. First, if you own an insured vehicle then your own car insurance company will pay those benefits. If you do not have an insured vehicle, then the next source of insurance coverage would be a relative living in the same household as you with auto insurance. If neither of those apply, then the auto insurance company for the motor vehicle that struck you would be responsible for paying your benefits. If that vehicle was not insured, you would be able to make your claim with the Assigned Claims Facility.
Your Application for No-Fault Insurance Benefits must be filed with the proper insurance company within one year of the accident. There is also a deadline for submitting your expenses and for filing a lawsuit. Therefore, you should contact our office immediately so that we can determine which insurance company must pay your benefits after the bicycle accident and so we can assist you in making sure all claims are timely submitted.
If you or a loved one has been the victim of a bicycle injury in Michigan, you can order our FREE book, “The Ultimate Michigan Car Accident Handbook” by Daniel L. Buckfire. This book explains your legal rights as a biker after being injured by a car. Discover how to know if you need a Michigan injury lawyer when dealing with the insurance company, how to get the best money settlement for your injuries, who must pay your medical bills, who must pay your lost wages, the secret deadlines that will destroy our case if you delay, and what to say to the insurance adjusters – and what NOT to say. The book sells for $14.95 on Amazon but Daniel will send it to you for FREE.
The Michigan Vehicle Code does not require bicyclists to ride on the sidewalk in Michigan and we do not recommend it because of safety hazards to the bicyclist and other sidewalk users.
However, Section 257.660c of the MVC says:
(1) “An individual operating a bicycle upon a sidewalk or a pedestrian crosswalk shall yield the right-of-way to pedestrians and shall give an audible signal before overtaking and passing a pedestrian.”
(2) “An individual shall not operate a bicycle upon a sidewalk or a pedestrian crosswalk if that operation is prohibited by an official traffic control device.”
(3) “An individual lawfully operating a bicycle upon a sidewalk or a pedestrian crosswalk has all of the rights and responsibilities applicable to a pedestrian using that sidewalk or crosswalk.”
No. In Michigan, the Michigan Vehicle Code no longer prohibits “passing between lanes of traffic,” but it also does not provide for cyclists passing on the right of other vehicles. The purpose of this law is to protect the safety of the bicyclist as well as Michigan drivers, preventing Michigan car-bicycle accidents.
Yes. Section 257.657 of the Michigan Vehicle Code states:
“Each person riding a bicycle in Michigan upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in this article and except as to the provisions of this chapter which by their nature do not have application.”
If you or someone you know was hit by a car door while riding bike in Michigan, and suffer injuries, you do have legal rights. Under Michigan law, a bicyclist injured in a Michigan car accident is entitled to have all medical expenses paid under the no-fault insurance laws if the injuries arose from an accident with a motor vehicle.
In this type of case, the person who opened the door and the owner of the car can be held liable for the injuries to the bicyclist. It is well-known to all drivers and occupants of vehicles that it is necessary to first look around before opening a car door. The failure to do that is negligence when a bicyclist is injured by the opening of the car door. Many times, the auto insurance company will pay substantial settlements for a bicyclist struck by an open car door.
Our experienced Michigan bicycle accident attorneys at Buckfire & Buckfire, P.C. will discuss your case with you and determine whether or not you can file for Michigan No-Fault Insurance Benefits. We will represent you in your bicycle accident case under our No Fee Promise, which means no legal fees until we win or settle your case. Call today for your free consultation.
- 29000 Inkster Road
Southfield, MI 48034
- Phone: (248) 595-7544
- 19 Clifford St.
Suite 805 Merchants Row
Detroit, MI 48226
- Phone: (313) 992-8281
- 1001 Woodward Ave.
Detroit, MI 48226
- Phone: (313) 777-8482
- 343 S. Main Street
Ann Arbor, MI 48104
- Phone: (734) 888-3003
- 51424 Van Dyke Ave
Shelby Township, MI 48316
- Phone: (586) 250-2626