Have you been injured in a bicycle accident? We can help with your claim. Contact the Law Offices of Christopher Trainor & Associates for a free consultation today.
Ann Arbor has a strong bicycle culture. The city's infrastructure includes trails and extensive bike lanes that stretch over 70 miles. Despite our city's bike-friendly reputation, accidents often leave cyclists grappling with mounting medical bills, complicated insurance claims, loss of income, and the emotional toll of an unexpected, life-changing event.
At our law firm, we understand the complexities and challenges you're facing. With over 30 years of experience in personal injury matters, including bicycle accident cases, we're here to help Ann Arbor residents and visitors navigate these challenging times. Let our Ann Arbor bicycle accident lawyer take care of the legal details so you can focus on your recovery.
What You Need to Know About Michigan Bicycle Law
The Great Lakes has several bicycle laws designed to ensure a safe coexistence between cyclists, motorists, and pedestrians:
Right to the Road: Bicycles are considered vehicles, and cyclists have all vehicle rights and responsibilities. This means obeying all traffic signals and signs, riding in the direction of traffic, and following lane markings.
Sidewalk Riding: Cycling on sidewalks is allowed, but cyclists must yield the right of way to pedestrians and give an audible signal before passing a pedestrian. It's usually safer when cyclists ride on the road when they can.
Helmet Use: Michigan law does not mandate helmet use for cyclists. However, it is recommended for safety. The Ann Arbor local government and cycling organizations strongly advise wearing a helmet while riding.
Bike Lanes and Road Sharing: Cyclists are encouraged to use bike lanes when available. However, cyclists may take the whole lane in traffic if a bike lane is unsafe or blocked. This helps prevent accidents caused by obstacles or opening car doors next to parked vehicles.
Lighting and Reflectivity: Bikes must have a front white light and a rear red reflector when riding half an hour after sunset or half an hour before sunrise. Additional lights and reflective materials are advised to enhance visibility.
Safe Passing Ordinance: Motor vehicles must provide at least 5 feet of space when passing bicycles, ensuring safer overtaking.
These regulations are part of Ann Arbor's efforts to be a bicycle-friendly community and aim to protect everyone who shares the road. For more detailed information or questions about biking in Ann Arbor, check out the city's official transportation page or local biking advocacy websites for extra guidance.
Typical Injuries Following Bike Accidents
Injury victims experience physical and emotional issues ranging from minor to fatal. Here's a list of common injuries seen in personal injury cases:
Traumatic Brain Injury (TBI): These can range from mild concussions to severe brain damage.
Skull Fractures: Injuries where the bone of the skull is broken, often occurring in more serious accidents.
Broken Bones: Cyclists often suffer from broken arms, legs, and ribs due to falls or collisions.
Spinal Cord Injuries: These can lead to partial or complete paralysis, depending on the area and severity of the injury.
Herniated Discs: These occur when the cushion-like pads between the vertebrae move out of place and compress spinal nerves.
Severe Bruising: Large bruises can develop from direct impacts.
Abrasions and Cuts: Often referred to as road rash, these occur when a cyclist slides across the pavement.
Internal Injuries: These can include internal bleeding or damage to internal organs.
Emotional and Psychological Impact: Including conditions such as anxiety, depression, and post-traumatic stress disorder (PTSD), which can arise after traumatic accidents.
These injuries highlight the importance of wearing proper safety gear, such as helmets, and the need for vigilant safety practices while cycling.
Common Causes of Bicycle Accidents
Several factors can impact a cyclist's safety. Some of the most prevalent issues include:
Drunk or Drug-Impaired Driving: Impairment due to alcohol or drugs significantly reduces a driver's ability to operate their vehicle safely, increasing the risk of hitting cyclists.
Distracted Driving: The increase in distracted driving, often related to cell phone use, has been a significant factor in recent years, not just in Ann Arbor but globally. Drivers not paying full attention to the road can easily overlook cyclists, leading to accidents.
Failure to Yield: Cyclists and drivers sometimes fail to yield the right of way at intersections or when entering roads, which can cause serious accidents.
Unsafe Lane Changes: A negligent driver and cyclist making sudden or unsafe lane changes without checking for clear passage can lead to collisions. A safety tip worth following is to look out for cyclists when turning or merging at intersections.
Road Conditions: Poor road conditions, such as potholes, uneven road surfaces, or debris, can cause cyclists to lose control and crash. This is particularly a risk in areas where maintenance could be better.
Lack of Visibility: Cyclists must be more visible to other road users, especially at dawn, dusk, or nighttime, which can contribute to accidents. Proper lighting, reflective clothing, and visible bicycle features can help mitigate this.
These factors highlight the importance of structural measures. These include better road maintenance, improved cycling infrastructure, and behavioral changes. Plus, increased adherence to traffic laws by all road users enhances cyclists' safety in Ann Arbor.
Best Safety Tips and Resources
Here are some bicycle safety tips and resources for Ann Arbor residents to help ensure a safer riding experience:
Wear a Helmet: Always wear a properly fitted helmet when riding. This is one of the most effective ways to prevent head injuries in an accident.
Use Lights and Reflective Gear: Equip your bike with front and rear lights, and wear reflective gear, especially when you are riding at night or in low-light conditions. This helps increase your visibility to motorists.
Follow Traffic Laws: Bicycles are considered vehicles under Michigan law, so it's important to follow the same traffic laws as motorists. This includes obeying traffic signals and signs, riding in the direction of traffic, and using signals to indicate turns.
Stay Alert: Look for road hazards like potholes, slippery surfaces, and opening car doors. Avoid using headphones or anything distracting from hearing traffic around you.
Use Bike Lanes: Use designated bike lanes or paths whenever possible. Ann Arbor has several bike lanes and trails designed for safer cycling.
Plan Your Route: Before heading out, plan your route to take advantage of quieter streets, bike lanes, or paths. The City of Ann Arbor provides a bicycle map that highlights bike-friendly routes.
Take a Bicycle Safety Course: Consider taking a bicycle safety course to learn more about safe riding techniques. The League of Michigan Bicyclists offers classes and helpful resources.
Maintain Your Bike: Regularly check your bike to ensure it's in good working condition. This includes checking the brakes, tires, and lights.
For local resources, Ann Arbor residents can access several, such as:
Ann Arbor's Bicycle Map: Provides details on bike lanes and routes throughout the city. Available on the City of Ann Arbor website.
GetDowntown Program: Offers resources for cyclists, including information on commuting by bike in Ann Arbor.
Local Bicycle Shops: Many shops offer workshops and classes on bike maintenance and safety.
Ann Arbor Bicycle Touring Society: A community of cyclists offering group rides, safety training, and cycling advocacy.
By following these tips and tapping into local resources, cyclists in Ann Arbor can have a safer and more enjoyable ride.
City Council Aims to Decrease Ann Arbor Bicycle Accidents
Ann Arbor City Council is pursuing a "Vision Zero" goal to eliminate fatal bicycle accident cases and life-changing injuries by 2025. This initiative highlights how crucial managing speed is to reduce the likelihood and severity of accidents. The city recognizes that speed influences crash outcomes, so reducing speed is a key focus of its traffic safety strategy.
Ann Arbor has crafted a detailed transportation plan to boost safety. This includes:
Redesigning major streets
Introducing new speed management tools
Connecting with the community through outreach programs
The plan focuses on major streets for safety upgrades since they see many serious and deadly traffic incidents. Furthermore, the city is adopting innovative quick build projects. These projects are set up to quickly boost street safety, tackling urgent issues in high-risk areas more effectively than traditional methods.
You can visit the city's official for more details on Ann Arbor's Vision Zero initiatives and speed management strategies.
Role of No-Fault Insurance Benefits
No-fault insurance plays a crucial role in bicycle accidents involving motor vehicles. Michigan's no-fault insurance system ensures that a bicyclist involved in a motor vehicle crash can receive certain benefits regardless of who was at fault. These benefits are designed to cover the immediate needs of the injured party and can include:
Medical Expenses: No-fault insurance covers all reasonable medical expenses related to the accident. This can range from emergency care right after the accident to long-term rehabilitation.
Wage Loss Benefits: If the bicyclist's injuries prevent them from working, no-fault insurance can compensate for lost wages for a specified period.
Replacement Services: These benefits cover costs for services the injured person can no longer perform themselves, such as house cleaning or lawn maintenance.
Attendant Care: If the injuries are severe enough to require help with daily personal care, no-fault insurance may cover the cost of an aide or attendant.
What if the injuries are severe? Let's say the victim suffers a permanent disfigurement. In that case, the injured bicyclist may pursue a third-party liability claim against the driver who caused the accident. This would be in addition to the no-fault benefits and could also cover pain and suffering compensation, which aren't included under the no-fault system.
Bicyclists in Ann Arbor need to understand their insurance coverage and how it applies in the event of an accident, especially since bicycle accidents can often result in significant injuries. Consulting with an Ann Arbor bicycle accident lawyer can help ensure you recover fair compensation.
Seeking Financial Compensation as an Injured Bicyclist
You can file a claim if someone else's carelessness has hurt you. Michigan's no-fault insurance rules mean your auto insurance often covers your medical bills and lost wages after an accident, no matter who caused it. However, there may be additional resources available, depending on the circumstances of your case.
What happens when the accident leads to catastrophic injuries? What if it's clear that someone else's negligence was the cause of the injuries? In some cases, you can seek further compensation from the at-fault driver. This could include money for the following:
Pain and suffering
Emotional distress
Other harm not covered by no-fault insurance
What about cases where bad road conditions caused the accident? Or a faulty bicycle part? For example, poor road conditions could lead to a claim against a government agency responsible for maintaining the roads. If the problem lies with the bicycle, then it could bring a case against the manufacturer.
It takes the knowledge and skill of a Ann Arbor bicycle accident lawyer to get a successful injury claim through Michigan's court system. Bicycle accident attorneys are equipped to handle a claim from start to finish. Consider speaking with an attorney to understand your rights and figure out the best way to handle your claim.
Wrongful Death Lawsuit
What constitutes wrongful death? A wrongful death is defined as a death that results from the negligent, reckless, or deliberate act of another person or entity. The legal framework for addressing wrongful death is provided under the Massachusetts Wrongful Death Act.
A wrongful death claim arises when a person dies due to the legal fault of another. This can include deaths caused by negligent driving, such as failing to yield to a bicyclist. If an Ann Arbor family faces the tragic loss of a loved one due to a bicycle accident, it helps to understand the laws impacting these earth-shattering fatalities. Here are the basics:
Who Can File the Claim: The personal representative of the deceased's estate must file a wrongful death lawsuit. This representative can be named in the will or appointed by the court if there is no will.
Potential Damages: Damages in a wrongful death case can include funeral and burial expenses, lost wages and benefits the deceased would have earned, loss of companionship, and pain and suffering experienced by the deceased before death.
Statute of Limitations: The wrongful death claim must be filed within three years of death. Sticking to this time limit matters because missing it usually means losing your right to sue if you let the statute expire.
The Role of No-Fault Insurance: Michigan's no-fault insurance may cover certain immediate expenses like medical and funeral costs regardless of fault. However, a wrongful death claim allows for recovery beyond these basics, addressing non-economic damages such as pain and suffering and loss of companionship.
Michigan Bicycle Accident Lawyers: Legal representation is needed for these complex claims. Hiring a lawyer to help you navigate the legal system, gather the evidence you need, and fight to ensure your family gets fair compensation is the best path forward in cases of serious injury.
For families dealing with such a profound loss, understanding these aspects is the first step toward achieving some measure of justice for their loved ones.
Action Steps After a Bike Accident
If you're involved in a bicycle accident in Ann Arbor, taking the right steps immediately afterward can protect your health and any potential legal claims. Here's what you should do:
Check for Injuries: Safety first. Check yourself and others for injuries. Don't attempt to move if you're severely hurt. Call 911 for medical help if needed.
Move to Safety: If you can move safely, leave the roadway to prevent further accidents.
Call the Police: An official police report is important, even if the accident seems minor. The police can document the scene and gather details that might be crucial later.
Exchange Information: Collect contact and insurance details from others involved in the accident, but try to keep discussions about the incident to a minimum. Avoid admitting fault or making statements that could be used against you later.
Document the Scene: Take photos of your bicycle, the vehicle, visible injuries, and the surrounding area. If there are witnesses, get their contact information as well.
Seek Medical Attention: Visit a doctor as soon as possible, even if you feel fine. Some injuries, like concussions or internal injuries, may not be immediately apparent.
Notify Your Insurance: Inform your insurance company about the accident, but be cautious about the details you provide until you've spoken with a legal professional.
Consult a Bicycle Accident Attorney: It's wise to consult an attorney specializing in bicycle accidents, especially if you've sustained severe injuries or significant damage. They can guide you on the best action to take.
Keep Records: Keep all documentation related to the accident, including medical bills, repair receipts, and any correspondence with insurance companies.
Follow-up: Monitor your health following the accident, as some symptoms can appear days later. Keep a diary of any physical or emotional symptoms.
Taking these steps can ensure your safety and strengthen any potential legal claim you have. Remember, each situation is unique. Consider consulting experienced bicycle accident lawyers who can provide advice based on the specifics of your case.
How an Ann Arbor Bicycle Accident Lawyer Can Help
If you're dealing with the aftermath of a bicycle accident in Ann Arbor, a Michigan bicycle accident lawyer can simplify things for you. Here's what they can do:
Handle Insurance Complications: They'll navigate Michigan's no-fault insurance laws for you, helping to ensure you receive all benefits you're entitled to, such as coverage for medical bills and lost wages.
Figure Out Who's at Fault: They can determine fault and liability, which is crucial, especially if serious injuries are involved. They'll gather evidence and work to show if the other party was negligent.
Pursue Additional Claims: If your injuries are severe, a lawyer can file claims for pain, suffering, and other damages not covered by insurance, helping you get the full compensation you deserve.
Deal with Insurance Adjusters: They know how to handle insurance companies that might try to lowball you on compensation. Having a lawyer advocate for you can lead to fairer settlements.
Represent You in Court: Having a lawyer by your side can make a big difference if your case goes to trial. They'll handle the heavy lifting in court, letting you focus on your recovery.
Explore All Compensation Avenues: They'll look into all possible sources of compensation, which might include claims against a city for poor road conditions or a manufacturer for a faulty bike part.
Offer Reassurance: Knowing you have a skilled professional handling the legal details can relieve stress and allow you to focus on getting better.
Need assistance with recovering compensation? Consult an Ann Arbor bicycle accident lawyer soon after a bicycle accident. We have the game-changing experience to resolve your case.
Do You Have Any Injuries? Together, We Can Seek Compensation for Your Losses.
You may feel you are carrying the entire world on your shoulders following a bicycle accident. Attempting to hold someone accountable adds an emotional toll to the physical harm you’ve already been dealt. You don't have to confront this situation by yourself, though.
At the Law Offices of Christopher Trainor & Associates, we have the fortitude required to defend your legal rights. We proudly serve the Ann Arbor community and surrounding areas as well.
We have been the voice of the voiceless for many years. We support our clients in getting the justice they are due, even in the most trying circumstances.
Our Approach to Your Success
Bicycle accidents, especially when involving motor vehicles, have the power to alter your life and leave you with permanent injuries.
We take a customized approach for each client’s unique circumstances. Because of our commitment to safeguarding the future of innocent bicyclists and other injured parties, we have helped our clients receive verdicts and settlements totaling over $250 million.
Take Action Now to Move Toward Justice
It's time to speak up. Let our legal team defend your interests. Contact us via email or at 248-886-8650 to schedule your free introductory consultation. It's your chance to see how we can support you moving forward.