Southfield Bicycle Accident Lawyers
No matter where you live in the United States, bicyclists can be seen on the streets of towns, rural communities, and bustling cities. Nevertheless, while biking is a healthy and eco-friendly mode of transportation, it can prove to be dangerous. This is especially true in the event of a bicycle accident and a motor vehicle. If a negligent driver crashed into a cyclist, it can result in severe personal injuries and even death. If you or a loved one has been involved in a catastrophic bicycle accident, call our Southfield bicycle accident lawyers at Haque Legal law firm. Our experienced and professional Southfield injury lawyers will do everything we can for you to recover compensation for your personal injury, medical expenses, wrongful death, and any other damages suffered.
What Are The Bicycle Laws In Michigan?
Many states have established different laws regarding bicyclists. However, in Michigan, cyclists are categorized as pedestrians. This means that people riding bikes have the same rights and responsibilities on the roadway as any other pedestrian on the road. Furthermore, cyclists must adhere to traffic laws, and motorists must know when cyclists are sharing the roads. Typically, bicyclists are required to ride in a designated bicycle lane, or when there is none, in the far right-hand lane of traffic.
What Are Some Exceptions To Michigan Bicycle Laws?
However, an exception to this rule exists which allows cyclists to exit their designated lane if conditions in the roadway would make continued travel in that lane unsafe and could cause a bicycle accident. If, for example, a vehicle is parked in the bicycle lane or the cyclist sees a large pothole ahead, they are permitted to move around the obstacle.
Although this puts cyclists in danger from motorized vehicles, it is up to them to navigate the road safely. Nevertheless, states also have different helmet laws to protect the rider’s skull in the event of a bicycle accident. Before you even step foot on a bike, it’s important to know what the laws are in the area so you can be prepared if you need legal counsel from our law firm.
What Are The Michigan Bicycle Accident Helmet Laws?
Thankfully, they help to prevent personal injuries ranging from minor but painful skin scrapes to the face to severe traumatic brain injuries that can result from a severe blow to the skull. Given these helmet laws, many cyclists may believe that they are not entitled to medical expenses compensation for damages following a crash simply because they were not wearing a helmet. However, this is not always the case. If you were not wearing a helmet at the time of your injury, call a Southfield bicycle accident lawyer from Haque Legal law firm. You still may be able to receive compensation for the medical expenses from your personal injury once our attorneys get their hands on the case.
How Dangerous Are Bicycle Accidents With Cars?
According to the National Highway Transportation Authority, in 2019, vehicle versus bicycle accidents resulted in almost cyclist fatalities, a number that accounts for 2 percent of all traffic deaths in the United States. In addition to deaths, motor vehicle collisions injured about 38,000 cyclists. However, only about 10 percent of all motor vehicle-bicycle personal injuries are reported to the police, so the number of losses is probably much higher. However, it is crucial to always file a police report when something like this happens.
What Are Some Severe Bicycle Accident Injuries?
Unfortunately, when riding a bicycle, sometimes the injuries from an accident can be catastrophic. Outside of a helmet, cyclists have no real physical protection in a disaster, which can result in rehabilitating issues such as neck and back, spinal cord injuries, and traumatic brain injuries. This lack of protection can result in severe and sometimes fatal injuries to the cyclist, which is often the case when a bicycle accident involves an automobile. A fatality in this situation can even be considered a wrongful death, in which you may need to contact a Southfield wrongful death lawyer can seek compensation.
What Are Some Minor Bicycle Accident Injuries In Southfield?
Minor injuries can include skin scrapes, bruises, and sprained appendages. These can result from smaller bicycle accidents that maybe didn’t involve a car, another person, or traveling at high speeds. However, if you feel that your biking accident was more than just a minor incident that caused common injuries, be sure to get into contact with a Southfield bicycle accident lawyer.
How Does Michigan’s No-Fault Law Affect Bicycle Accidents?
The state of Michigan operates under a “no-fault” insurance system when it comes to vehicle accidents. When a vehicle versus vehicle accident occurs, this means that drivers will turn to their own insurance carrier to receive coverage for their medical bills and property damage expenses.
But how will this affect bicycle accidents in Michigan?
If a bicyclist sustains an injury caused by the careless or negligent actions of a motor vehicle driver, then they will be able to recover compensation through this state’s no-fault insurance system, specifically PIP coverage. It is important to point out that actual physical contact between the motor vehicle and the bicyclist is not required, so long as the operation of the motor vehicle was a significant factor and causing the injury to the bicyclist.
However, if a bicyclist sustains an injury as a result of a collision with another bike, a pedestrian, or due to a road defect, they will not be entitled to recover any compensation through the state’s no-fault system.
If a cyclist does sustain an injury caused by another driver, there are four basic types of no-fault benefits they will be able to recover:
- Allowable expenses. This typically includes compensation necessary to accommodate an injured person’s care, recovery, and rehabilitation. This would include medical bills, physical therapy and rehabilitation, medical devices, prescription medications, and more.
- Lost wages. If an individual is injured in a bicycle accident and unable to work as a result of their injuries, they will be entitled to receive lost wages, which are calculated at 85% of their gross pay. They can receive these benefits for up to three years.
- Replacement services. Any injury victim may be entitled to receive benefits as a result of having another individual perform domestic services that they would otherwise have been able to perform, if not for their injuries. However, reimbursement for these services cannot exceed $20 each day, and they are only available for up to three years following the accident.
- Survivors’ benefits. If the accident results in the death of the bicyclist, survivor’s loss benefits are payable and include lost wages, lost fringe benefits, and replacement service expenses.
The injured bicyclist will typically recover these benefits from their own automobile insurance policy. If the bicyclist does not have auto insurance, they can recover compensation through the no-fault benefits of their spouse or any relative with whom they live. If the injured bicyclist does not have a no-fault insurance policy to turn to or if they do not live with a person who has no-fault insurance, then they will receive their benefits from the Michigan Department of State, Assigned Claims Facility. This is a state government office established to help victims receive compensation if they have no other route to do so. Recovering compensation this way caps the allowable expenses at $250,000.
Will Partial Liability Affect a Bicycle Accident Claim?
Partial liability can affect a bicycle accident claim in Michigan. For example, if a bicyclist is found to be partially responsible for the incident, they may still be able to recover compensation, though the total amount they receive will be reduced based on their percentage of fault. We strongly encourage you to work with a skilled attorney who has experience handling these claims and can push back against any partial fault allegations from the other party.
Who Is Responsible For My Medical Bills After A Michigan Bicycle Accident?
Unsurprisingly, the cause of most vehicle-bicycle accidents is a driver’s lack of attention to their surroundings. When a negligent driver injures a cyclist, in Michigan, you must file a PIP claim through your automobile insurance. Depending on the extent of the injuries from the accident, the negligent driver of the motor vehicle will be responsible for pain and suffering damages and excess medical bills incurred from the bicycle accident.
However, if you are on the other side of the accident and were driving the vehicle, please contact our Southfield car accident lawyers.
Distracted Driving Habits That Lead To Bicycle Accidents
Distracted driving habits like texting, changing the radio station, or eating, take the driver’s attention away from the road and the surrounding area, therefore making it challenging to notice cyclists sharing the roadways. Additionally, these distracted driving habits make it more likely that the driver may swerve and sideswipe a cyclist, particularly in areas where no designated bike lane exists. The popularity of bicycling around scenic and downtown areas also increases the risk that cyclists will share the road with motorists (or even other cyclists) who were drinking alcohol.
What About Bicycle Accidents With A Driver Under The Influence?
Collisions involving drivers that are under the influence of alcohol or drugs present a unique set of circumstances. Although a bicycle accident with a car should always involve the police, if the driver is drunk, it makes everything much more serious. There are even instances when a drunk driver may the scene of the crash for fear of criminal prosecution or monetary liability. While hit-and-run drivers may be difficult to track down, it is not necessarily impossible.
What Are Hit And Run Bicycle Accidents?
If a hit-and-run driver strikes you, call 911 as soon as you can. In addition to law enforcement, your Southfield bike accident lawyer can work to help find the negligent party guilty and bring them to justice. If the hit-and-run driver cannot be located, the cyclist’s own uninsured motorist insurance policy or insurance company may compensate the victim for the bodily injury. Another essential consideration in vehicle-bicycle crashes is that the driver of the car is not always the only person who can be held legally liable for the accident.
What Are Other Causes Of Bicycle Accidents In Southfield?
In some instances, dangerous road conditions or areas of low visibility due to poor maintenance may also be to blame for a bicycle accident. In these cases, the cyclist may also have to file a claim against the government agency responsible for maintaining the roadways and traffic control devices.
It is also possible that the bicycle itself caused or contributed to the cyclist’s injuries due to manufacturing or design flaws. In these situations, the injured party may use our law firm to file a claim against the manufacturer that designed and built the bicycle. Yet, the skilled bicycle accident attorneys of Haque Legal will investigate every possible cause of your injuries, and our lawyers will fight for your rights to recover from all responsible parties.
Should I Hire a Southfield Bicycle Accident and Injury Attorney?
We know from talking to thousands of accident victims that many of them wonder, “At what point do I need to hire a Southfield personal injury attorney for a bike accident?” All too often, injured cyclists attempt to handle claims and negotiate with insurance companies on their own. Unfortunately, insurance companies are not on your side, especially the ones that you pay hundreds of dollars in insurance premiums to. T
he insurance adjuster’s job is to settle your claim for the smallest amount of money possible. So, while they may agree to cover your medical bills resulting from an accident, they may refuse to pay for additional financial expenses such as loss of income or pain and suffering caused by the crash. This leaves many injured cyclists grossly under-compensated, with no way to continue earning income and providing for their families. However, you can avoid all of this by hiring a skilled bicycle accident attorney from Haque Legal, PLC, and keep you ahead of the insurance companies.
Contact A Southfield Bicycle Accident Lawyer Today
The experienced bicycle accident attorneys at Haque Legal represent real people and not insurance companies. our law firm knows how to negotiate accident and personal injury cases with insurance companies head-on. If all else fails, we are not afraid to take your case to trial, if it means getting you the financial compensation that you are owed for suffering an accident. Contact us today for a free consultation or call at (248) 919-5017 for free consultation and have all of your accident-related questions answered.