Hit By a Car While Riding a Bicycle: Whose Fault Is It?

Many Michigan residents love to enjoy the beauty of our state from the seat of a bicycle. When bikes and motor vehicles share the road, there is always a chance that that a cyclist will be hit by a car. When that happens, riders need to know what their options are, and how fault enters into the equation.

Michigan Bicyclist Have Access to No-Fault Insurance

The Michigan No-Fault Act applies every time a person is injured as the result of "ownership, operation, maintenance or use of a motor vehicle as a motor vehicle." Nothing in the law limits access to insurance benefits to drivers and passengers. When a bicyclist is injured because of the actions of a motor vehicle operator, he or she can get insurance benefits based on a no-fault auto insurance policy. If the cyclist has a policy covering his or her own vehicle, that company will be legally required to pay out benefits. Otherwise, the injured biker can recover from a relative's policy, the one covering the owner of the vehicle, or even the driver who hit him or her.

However, Michigan no-fault law limits the kinds of damages insurance companies have to pay. A personal injury protection (PIP) plan will cover unlimited medical care and treatment, wage loss at a rate of 85% of annual pay for up to 3 years, and $20 per day for replacement services like household services or daycare. There is also a cap that applies to wage compensation. If the injured bicyclist is a high wage earner, he or she may not receive the full 85% of that income.

No-Fault Benefits May Not Be Enough in Bicycle Accident Cases

Motor vehicles can cause a tremendous amount of damage to a cyclist and his or her bike. Often, the effects of those injuries go beyond the benefits available under the no-fault act. When a person is killed, permanently and seriously disfigured, or suffers a "serious impairment of body function," that person (or his or her family in wrongful death actions) can file a lawsuit directly against the negligent motorist.

If a cyclist's injuries qualify him or her to file one such "Third Party" lawsuit, the compensation can be far more extensive. It can include:

• Actual lost wages above and beyond no-fault benefits
• Ongoing disability
• Long-term replacement services
• Future loss of income potential or support
• Pain and suffering
• Disability and disfigurement
• Loss of companionship.

The monetary awards in Third Party cases can escalate quickly. However, they do depend on who is at fault.

How Fault Affects Recovery in Serious Injury Accidents

Because direct liability lawsuits are based on negligence, who is at fault for the bicycle accident can greatly affect the outcome of the case. When a cyclist hires a Michigan personal injury law firm to represent him or her, the firm will immediately begin investigating what happened. It may:

• Interview witnesses;
• Identify defendants and insurance companies;
• Obtain police records and video;
• Investigate the scene of the crash;
• Recover any physical evidence (including the damaged bicycle).

The end result of this investigation will be to determine who was at fault for the accident: the cyclist, the motorist, or a combination of both.

Michigan awards damages on the basis of "comparative negligence." that means if both parties contributed to the crash, the injured cyclist's claims will be reduced by the percentage he or she was responsible. A cyclist's responsibility for an accident may be based on his or her compliance with state road and bicycle laws, use or non-use of safety equipment, and efforts taken to avoid the crash. If the biker was the primary reason for the crash, he or she is not likely to get the amount needed to cover all of his or her expenses.

Michigan's no-fault and negligence law is complicated. If you are a cyclist who has been hit by a car, you will need a skilled attorney to help you investigate fault and pursue your claims. At Sachs Waldman, we have extensive experience helping bicycle accident victims recover from no-fault insurance providers and negligent drivers. Contact our Detroit personal injury law office at 1-800-638-6722.