Riding a bike through the streets of Downtown Detroit offers a unique view of the city, from the Dequindre Cut to the busy corridors of Woodward Avenue. But as cycling grows, so do the risks of sharing the road with distracted drivers and heavy traffic. If a vehicle strikes you while cycling, the confusion can be overwhelming. You might be wondering about your legal standing and what rights you have as a bicyclist injured by a car in Downtown Detroit.
Michigan law provides specific protections for bicyclists, but the rules for recovering medical costs and lost wages are unique. Navigating these requirements involves understanding how No-Fault insurance applies to someone who was not even in a car at the time of the crash.
Your Right to No-Fault Benefits as a Cyclist
Many people assume that if they were on a bicycle, car insurance does not apply. In Michigan, that is not the case. Under Michigan Compiled Laws Section 500.3115, a person who suffers an accidental bodily injury while not an occupant of a motor vehicle can still claim No-Fault Personal Protection Insurance (PIP) benefits.
These benefits cover your medical expenses, a percentage of your lost wages, and help with household tasks you can no longer perform. The order of priority for who pays these benefits is strict. Usually, you first look to your own auto insurance policy or a policy held by a spouse or relative in your household. If no such policy exists, the Michigan Assigned Claims Plan may assign a carrier to handle your claim.
Following Michigan Road Rules for Bicyclists
To protect your rights, it helps to understand that the law views your bicycle as a vehicle in many contexts. Under MCL 257.657, every person riding a bicycle upon a roadway has all the rights and is subject to all the duties applicable to the driver of a vehicle.
This means you must follow traffic signals and ride with the flow of traffic. However, Michigan law also requires motorists to give you space. For instance, MCL 257.660a mandates that bicyclists ride as close to the right side of the road as is safe, but it allows exceptions when turning left or avoiding hazards such as debris and parked cars. If a driver fails to yield or crowds you out of your lane, they may be breaking the law.
Pursuing a Claim Against a Negligent Driver
While No-Fault benefits cover your immediate economic losses regardless of who caused the crash, they do not provide payment for your pain and suffering. To seek these “non-economic” damages, you must prove the driver was at fault.
Michigan follows a threshold for these lawsuits. Under MCL 500.3135, a person remains subject to tort liability for noneconomic loss only if the injured person has suffered death, severe impairment of body function, or permanent serious disfigurement. We analyze the specific medical evidence of your injuries to determine if they meet this legal standard. Because Michigan uses a comparative fault system, your recovery could be reduced if a court finds you were partially responsible for the accident, but you can still recover as long as you are not more than 50 percent at fault.
The Importance of Evidence in Downtown Accidents
The busy nature of Downtown Detroit means that evidence can disappear quickly. Street layouts near Campus Martius or the Riverfront are complex, and construction often changes traffic patterns. If you are physically able, taking specific steps at the scene can significantly strengthen your claim.
- Contact the Detroit Police Department or the Wayne County Sheriff to ensure an official report is filed.
- Capture photos of the vehicle, your bicycle, and the surrounding road conditions.
- Look for nearby businesses that may have captured the incident on security cameras.
- Collect contact information from anyone who stopped to help or saw the collision.
Local Southfield residents who commute into the city should also be aware that the statute of limitations for most personal injury cases in Michigan is three years. But for No-Fault PIP claims, you generally must notify the insurance company within one year of the accident under MCL 500.3145.
Navigating the Legal Path After a Crash
Dealing with insurance adjusters while recovering from a broken bone or a head injury is a heavy burden. Insurance companies often try to minimize the severity of a cyclist’s injuries or claim the cyclist was “darting” into traffic. We focus on uncovering the truth of the incident by reviewing police data, witness statements, and traffic laws.
We handle these cases on a contingency fee basis. This means you do not pay any attorney fees unless we win your case. This structure allows you to focus on your physical recovery and medical appointments without worrying about the costs of hiring a legal team. Our goal is to handle the paperwork and the negotiations so you can get back to your life.
Contact Sigal Law Firm Today
If a car has upended your life while you were cycling in Detroit, you deserve clear answers and direct support. At Sigal Law Firm, we prioritize personal service. When you call our office, you can actually speak to an attorney about your situation. We do not believe in filtering your questions through several layers of assistants before you get to the person managing your case.
We understand the local courts in Southfield and Detroit and how they handle bicycle injury claims. Let us help you understand the full extent of your rights and the benefits available to you. Call us today at 248-671-6794 to discuss your case and see how we can help you move forward.
