Riding a bicycle can be done for different reasons. For some, it is a form of exercise. For others, it is a form of transportation to run errands or to get to work. Either way, bicycle riders share the road with cars and trucks. And when mistakes happen, a Saginaw bicycle accident can result in horrible injuries, such as broken bones, back pain, neck pain, hip fractures, scarring and road rash, and traumatic brain injury.
Our team of dedicated Saginaw bicycle accident lawyers will make sure you get the justice and money you deserve. We have been helping Saginaw area residents and bicycle crash victims for almost 50 years.
What are the Bicycle Riding Laws in Michigan?
Drivers in Saginaw, Freeland, Chesaning, Bridgeport and other communities must understand they are obligated to safely share the road with bicyclists. In fact, under MCL 257.657, every person riding a bicycle, electric bicycle or moped has all the rights and obligations given to people driving a car or truck.
However, there are certain rules that must be followed by individuals riding a bicycle. For example:
- A person on a bike must ride as close as possible to the right-hand curb while travelling. MCL 257.660a.
- People riding a bicycle on a street or roadway together cannot ride more than 2 abreast except if they are on a path or street set aside for bicycles. MCL 257.660b.
- When traveling on a sidewalk, a person a bicycle must yield the right-of-way to pedestrians and must give an audible signal before passing a pedestrian. MCL 257.660c.
- A bicyclist in Michigan must ride with the flow of traffic. Riding against traffic is illegal. MC 257.634(1).
- A bicyclist must give a hand signal when turning. Here are the hand signal rules:
1. For a left-hand turn, extend the left arm and hand horizontally.
2. For a right-hand turn, extend the left arm and hand upward.
3. To stop or slow down, extend the left hand and arm downward.
- Can bicyclists ride on a sidewalk? Yes, but it is not recommended due to the safety hazards it causes to the other bicyclist and pedestrians.
- Is it legal to use a cell phone or text while riding a bike? Only if the cell phone is in hands free mode. A person operating a bicycle…shall not carry any package, bundle, or article that prevents the driver from keeping both hands upon the handlebars of the vehicle.” MCL 257.661.
- Bicyclists must also follow the normal rules of the road, such as stopping at a red light and stop sign, and yielding to traffic.
What Happens If You Get Hit by a Car on a Bike?
If you are injured by a car or truck that caused a crash, you can obtain compensation for pain and suffering. However, the bicyclist must prove the driver was at least 50% at-fault or negligent for causing the crash. This is called liability. The money for pain and suffering comes from the car insurance company of the negligent driver or the vehicle owner.
In addition, an injured bicyclist can also file a claim for no-fault benefits, or first-party benefits. Under Michigan law, so long as a motor vehicle (such as a car or truck) was involved in causing the injury, then the bicycle operator can still file for no-fault benefits with an auto insurance company. This is true even if the bicycle operator does not own a car or have any auto insurance of his own.
The types of benefits a person can get for the bicycle injuries include the payment of lost wages, the payment of medical bills and expenses, replacement services, reimbursement for prescriptions and co-pays as well as other things. It is important to contact an aggressive Saginaw bicycle accident lawyer after a crash to make sure you are protected.
Which Car Insurance Company Pays for No-Fault Benefits After a Bicycle Crash?
In Michigan, a person riding a bicycle can obtain first-party PIP benefits so long as a motor vehicle was involved in causing the crash. You do not need to have car insurance to get these benefits. A bicyclist can even be 100% at-fault for causing the crash and obtain first-party benefits.
But which insurance company pays the no-fault benefits? It depends. There is an order of priority that is set forth by Michigan law, specifically MCL 500.3115. The order is the following:
- If you are on a bike and a car accident happens, then you always turn to your own auto insurance first. This is true even if you were not operating your vehicle at the time. Your own auto insurance always pays first.
- If you do not have auto insurance of your own, but you live with a relative (spouse, sibling, child) who does have auto insurance, then their auto insurance must pay your benefits. Again, this is the case even tough that vehicle had nothing to do with the crash.
- If there is no car insurance in the household, then the injured person can make a claim with the Michigan Assigned Claims Plan (MACP). Under this plan, a car insurance company like Allstate, Citizens or Farm Bureau is assigned to pay up to $250,000 in medical benefits.
Applying for insurance through the MACP is not easy. The application is long and the insurance company assigned the claim loves to delay payment. That is why it’s essential to contact a Saginaw bicycle injury lawyer as soon as possible after a crash.
What Should I Do After a Bicycle Accident?
If you are involved in a bicycle crash with a truck or truck, the first thing is to call the police. Make sure you stay until they arrive and give the responding officer the full story about what happened.
You should also exchange information with all the car(s) involved in the crash. This includes getting their full name, address, telephone number and insurance information.
If you are able, take photographs of the accident scene. This may be your only chance to get pictures of the damage to your bike and the other vehicles involved. Take video on your cell phone to memorialize the events for later use.
Next, get medical attention. If you need an ambulance then call 911 and get an ambulance to take you to Covenant Hospital, St. Mary’s Hospital or some other area hospital. Even if do not require an ambulance, it is important to get checked out by a medical professional at a local hospital or urgent care. Then make and appointment with your family doctor.
It is also important to contact an experienced Saginaw bicycle accident lawyer and law firm who are experts in these cases. They can answer your questions are make sure someone is on your side.
Why Do I Need a Saginaw Bicycle Accident Lawyer?
To protect your rights and get the best possible outcome. Insurance companies hate to admit their policyholders were at-fault and need to pay. This is especially true when bicycles are involved. The police report is very important but the police’s opinion is not final. Instead, you need a law firm on your side who will vigorously fight for you.
A really good Saginaw, Michigan law firm will present evidence to the insurance that helps dramatically increase the value of your case. This include the introduction of medical records, medical experts, accident reconstructionist, economists and other witnesses who can help a judge and jury understand why your situation is critical.
Does a Bicyclist Have to Wear a Helmet?
Michigan law does not require adult bicyclists to wear helmets, unless the the bike is considered a Class 3 e-bike, then all riders under the age of 18 must wear a helmet. However, the state of Michigan and law enforcement highly recommends people riding a bicycle wear a helmet.
The use of helmets greatly decreases the chances of closed head injuries or traumatic brain injuries sustained from a car crash. In addition, a judge or jury will take into account the lack of a helmet when deciding an individual’s injury award following a collision.
One of the Best Saginaw Bicycle Accident Lawyers
For almost 50 years, The Lee Steinberg Law Firm has helped bicycle crash victims win their cases and collect the compensation they need and deserve. We care about the well-being of our clients. The results of a Saginaw bicycle accident can be life changing – let our law firm help you and your family recover and move on as comfortably as possible.
Please call the Lee Steinberg Law Firm and our Saginaw bicycle accident lawyers at 1-800-LEE-FREE (1-800-533-3733) or fill out the Free Case Evaluation Form so we can answer any questions you may have about your accident. You pay nothing until we settle your Saginaw bicycle accident case.
