Recently, cycling's popularity in Michigan has skyrocketed, with individuals appreciating its health benefits and environment-friendliness as an eco-friendly mode of transport
Unfortunately, with more cyclists out on Michigan roadways comes more accidents, therefore highlighting a need to understand personal injuries stemming from such accidents in terms of legal structures and laws in this guide on claims filed following bicycle incidents in Michigan.
Michigan No-Fault Insurance System
Michigan follows a no-fault insurance system for both car accidents including bicycle collisions. Under this scheme, all individuals can seek reimbursement from their policies for medical costs, lost wages, and economic damages caused by an incident regardless of who was at fault - yet cyclists often question if and how this applies to them.
Bicyclists with No-Fault Insurance
No-fault insurance policies were designed with motor vehicle accidents in mind; however, Michigan cyclists may still benefit from them. If involved in an accident involving another motor vehicle, cyclists could qualify for no-fault benefits through their insurance provider and receive coverage for medical expenses, rehabilitation costs, and lost wages, among other financial losses.
When cyclists do not possess no-fault insurance, they may seek no-fault benefits through family insurers; otherwise, the Michigan Assigned Claims Plan may step in with no-fault benefits.
No-Fault Benefits Available in Non-Motorized Accidents
No-fault benefits may not apply in cases involving bicycle accidents that do not include motor vehicles, so cyclists in such accidents may need to look elsewhere for compensation, such as filing an action directly against those at fault for filing claims directly against them.
Determine Fault in Bicycle Accidents
Establishing fault is integral to personal injury claims in Michigan, with negligence being used as the metric. Negligence refers to any instance when someone fails to exercise reasonable care when performing certain acts that lead to harm to another. When applied specifically to bicycle accidents, negligence could involve drivers failing to yield to riders or cyclists disobeying traffic signals and failing to give way.
Comparative Negligence in Michigan
Michigan follows a comparative negligence system, meaning fault can be allocated among multiple parties involved in an accident, and this allocation determines their respective contributions to it. Under Michigan law, however, those found more than 50% at fault cannot recover damages or collect losses as compensation from Michigan law prevents this recovery process from going further than 50-50 fault allocation.
For example, if a cyclist is found 30% at fault in an accident with a motor vehicle, their compensation could be decreased accordingly. Cyclists and drivers must understand how comparative negligence could limit their ability to collect damages.
Statute of Limitations on Personal Injury Claims
Michigan law establishes a statute of limitation on personal injury claims related to bicycle accidents. An injured party typically has three years from the date of an incident to file suit against any responsible parties; otherwise, they risk forfeiting any chance for compensation claims.
Specific exceptions to the statute of limitations may exist in particular situations, including when an injured party is minor or their injury was not immediately evident. It's wise to consult an attorney immediately to meet applicable deadlines and protect oneself against legal consequences for being late with payment or making claims.
Types of Compensation Available
Injured parties involved in bicycle accidents may be entitled to various forms of compensation depending on the circumstances surrounding their incident, including but not limited to:
Medical Expenses
Coverage for expenses related to treating injuries sustained in an accident.
Lost Wages
Compensation is available to make up any income missed due to incapacitation during recovery.
Damages Awarded For Pain And Suffering
These awards compensate the victim of an accident for the physical and emotional discomfort caused by it.
Property Damage
Compensation may be awarded for repairing or replacing personal property damaged, such as bicycles.
Wrongful Death Claims
When cyclists die due to accidents on bicycles, their families could file for compensation through a wrongful death suit.
Are You Seeking Legal Representation?
Navigating Michigan's personal injury laws relating to bicycle accidents is complex. Therefore, legal representation from an experienced attorney will help safeguard your rights and secure fair compensation for injuries suffered in an accident.
An attorney can be invaluable when gathering evidence, negotiating with insurance providers, and appearing before courts; additionally, they offer guidance regarding applicable laws as they help navigate through a complex legal system so that you can focus on recovery rather than legal process complexities.
With cycling's increasing popularity in Michigan, understanding its legal implications is equally essential to cyclists and drivers alike. Understanding no-fault insurance rules relating to fault and negligence and statute of limitation laws, are vital parts of personal injury claims in this state.
As soon as a bicycle accident has taken place, it's vitally important that individuals understand their rights, take measures to document what happened, and seek legal advice immediately. Doing this helps individuals navigate through the legal landscape more easily while seeking justice from those responsible and hopefully securing any deserved compensation they owe due to injuries sustained - contributing towards safer roads both for cyclists and motorists alike.
Haque Legal is here to help.