If you or a loved one has been injured in a bicycle accident in Dearborn, Michigan, you may wonder what your next steps should be. The bicycle accident attorneys at Christopher Trainor & Associates are here to help. We will fight for the justice and compensation you deserve. Reach out using our online form or by calling 248-886-8650.
Riding a bike has numerous benefits, including improved physical health, reduced carbon emissions, and cost-effective transportation. Dearborn offers several bike-friendly features, including designated bike lanes, trails, and scenic routes. The city's efforts to promote cycling, such as bike-sharing programs and community events, contribute to its appeal to bikers. However, it also comes with risks, such as accidents and injuries, especially in areas with heavy traffic. In 2022 alone, there were 1,340 bicycle accidents in the state of Michigan. 103 Michigan bicyclists were killed between 2020 and 2022, which is a 64% increase from the previous three years.
If you've experienced a bicycle accident in Dearborn, contact one of our skilled Dearborn bicycle accident lawyers to learn more about your rights.
Common Causes of Bicycle Accidents
Biking is a great way to get around town, but a bike's small size can leave bicyclists vulnerable when facing poor roads or motor vehicles. Some of the more common causes of bicycle accidents include:
Motor Vehicle Collisions: One of the most frequent causes of bicycle accidents is collisions with motor vehicles. These accidents often occur at intersections, driveways, or when vehicles fail to yield to cyclists.
Doorings: Doorings happen when a cyclist collides with an opening car door. This typically occurs when a parked driver or passenger opens their door without checking for approaching cyclists.
Road Hazards: Potholes, debris, uneven pavement, and other road hazards pose significant risks to cyclists, leading to accidents and injuries.
Distracted Driving: Drivers who are distracted by cell phones, navigation systems, or other distractions may fail to notice cyclists, increasing the risk of collisions.
Cyclist Errors: Cyclists themselves can contribute to accidents by running red lights, riding against traffic, or failing to signal turns, among other errors.
Lack of Visibility: Poor visibility, especially at night or in adverse weather conditions, can make it difficult for drivers to see cyclists, leading to accidents.
Unsafe Passing: Drivers who pass cyclists without leaving enough space or who pass too closely can cause accidents, especially if the cyclist is forced off the road or into a hazard.
Aggressive Driving: Aggressive or reckless driving behaviors, such as speeding, tailgating, or road rage, can endanger cyclists and lead to accidents.
Inexperienced Cyclists: Inexperienced or unskilled cyclists may struggle to navigate traffic safely, increasing their risk of accidents.
Poor Infrastructure: Inadequate bike lanes, lack of bike-friendly roads, and poorly designed intersections can make cycling more dangerous and increase the likelihood of accidents.
Understanding common causes of bike accidents can reduce the number of accidents experienced in Dearborn. Considering the increase in accidents over the past few years, we could all benefit from safer cycling practices. If you've been involved in a bicycle accident, Christopher Trainor & Associates can help.
Common Bicycle Accident Injuries
Injuries following a bicycle accident in Dearborn can range from minor cuts and bruises to more severe injuries and, in rare cases, wrongful death. Some of the more common injuries include:
Head injuries: The most severe bicycle accident injuries often involve the head. Impact with the ground, a vehicle, or other objects can lead to concussions, skull fractures, and traumatic brain injuries (TBIs). Even wearing a helmet may not fully prevent head injuries, though it significantly reduces their severity.
Fractures: Bones are vulnerable in bicycle accidents, especially those in the arms, legs, wrists, and collarbones. The impact of a fall or collision can cause bones to break, leading to fractures ranging from minor hairline cracks to complete breaks requiring surgery.
Road rash: Road rash is a series of abrasions and lacerations that occur when skin scrapes against the pavement during a fall. Road rash can range from minor scrapes and bruising to deep cuts that require medical assistance and may result in scarring.
Soft tissue injuries: Sprains and strains in muscles, ligaments, and tendons are common in bicycle accidents. Sudden twists or impacts can stretch or tear soft tissues, causing pain, swelling, and limited mobility.
Facial injuries: Cyclists often sustain damage to the face, including cuts, bruises, and fractures to the nose, cheekbones, and jaw. These injuries can occur upon impact with the ground, handlebars, or other objects.
Spinal cord injuries: Severe bicycle accidents can result in damage to the spinal cord, leading to paralysis or loss of sensation below the site of injury. Spinal cord injuries require immediate medical help and may have long-term consequences for mobility and function.
Internal injuries: The impact of a bicycle accident can result in blunt force trauma, potentially harming internal organs and causing issues like internal bleeding or organ damage. These injuries might not be immediately obvious and often require a medical examination for accurate diagnosis and treatment.
Contusions: Contusions, or bruises, are common in bicycle accidents and result from impact with objects or surfaces. While often minor, severe contusions can cause significant pain and swelling, requiring medical attention and monitoring for complications.
These injuries highlight the importance of bicycle safety measures, including wearing protective gear, following traffic laws, and remaining vigilant while riding. Seeking prompt medical care after a bicycle accident is essential to assess and treat injuries effectively. Once you have been treated, contact Christopher Trainor & Associates for your next steps.
What to Do After a Bicycle Accident
After a bike crash, your adrenaline may be pumping, and you might feel overwhelmed by what to do next. If you've been involved in a bicycle accident, you should take the following steps:
Assess injuries: Check yourself and others involved for injuries. Seek medical care for any injuries, no matter how minor they may seem.
Move to safety: If possible, move yourself and your bicycle out of the roadway to avoid further accidents or injuries.
Call emergency services: Dial emergency services to report the accident, especially if there are injuries or significant property damage. Stay at the scene until help arrives.
Exchange information: Exchange contact and insurance information with any other parties involved in the accident, including drivers, pedestrians, or other cyclists.
Document the scene: Take photos of the accident scene, including any damage to your bicycle, vehicles involved, road conditions, and any visible injuries.
Report the accident: Notify the police and file an accident report, even if the authorities do not respond to the scene. Obtain a copy of the report for your records.
Seek medical attention: Even if you do not believe you are seriously injured, it's essential to undergo a thorough medical evaluation. Some injuries may not be immediately apparent but can worsen over time.
Contact your insurance company: Notify your insurance company about the accident and provide them with all relevant information. Follow their instructions for filing a claim.
Keep records: Keep records of all medical treatments, expenses, and communications related to the accident, including doctor's visits, bills, and correspondence with insurance companies.
Consult a bicycle accident attorney: If you suffered injuries or significant property damage in the accident, consult a Dearborn bicycle accident lawyer as soon as you can. Christopher Trainor & Associates can help protect your rights, negotiate with insurance companies, and pursue compensation for your losses.
Right to the Road: Bicyclists have the right to ride on most roadways in Dearborn, just like other vehicles. They are considered legitimate users of the road.
Use of Bike Lanes: Bicyclists have the right to use designated bike lanes when available. They should stay within these lanes whenever possible.
Traffic Laws: Bicyclists have the same rights and responsibilities as motorists, including obeying traffic signals, signs, and lane markings.
Passing: Bicyclists have the right to pass slower-moving vehicles on the left when it is safe to do so, just like motorists.
Visibility: Bicyclists have the right to make themselves visible to motorists by using lights, reflectors, and brightly colored clothing, especially when riding at night or in low-light conditions.
Responsibilities:
Obey Traffic Laws: Bicyclists must obey all traffic laws, including stopping at red lights and stop signs, yielding to pedestrians, and signaling turns.
Yield to Pedestrians: Bicyclists must yield the right-of-way to pedestrians in crosswalks and on sidewalks.
Stay to the Right: Bicyclists should ride as far to the right side of the road as practicable, except when passing another vehicle, preparing to turn left, or avoiding hazards.
Signal Turns: Bicyclists must use hand signals to indicate their intentions to turn or stop, allowing motorists and other cyclists to anticipate their movements.
Ride Defensively: Bicyclists should be aware of their surroundings, anticipate potential hazards, and ride defensively to avoid accidents.
By understanding and following these rights and responsibilities, bicyclists can help promote safety on the roadways of Dearborn and reduce the risk of accidents with motorists and pedestrians.
Liability for Bicycle Accidents
In Dearborn, liability for a bicycle accident depends on the specific circumstances of the case and the laws that apply. Here are some common scenarios:
Motor Vehicle Driver: If a motor vehicle driver causes a bicycle accident due to negligence, such as speeding, running a red light, or failing to yield, they may be held liable for the cyclist's injuries and damages.
Bicyclist: If a bicyclist causes an accident by violating traffic laws or riding recklessly, they may be held liable for any resulting injuries or damages.
Government Entity: If a poorly maintained road or bike lane contributes to a bicycle accident, the government entity responsible for maintaining that roadway or bike lane may be held liable.
Product Manufacturer: If a defective bicycle or bicycle component contributes to an accident, the manufacturer or seller of the defective product may be liable under product liability laws.
Property Owner: If a bicycle accident occurs on private property, such as a parking lot or driveway, the property owner may be held liable if their negligence contributed to the accident.
Determining liability in a bicycle accident can be complex, and it often requires a thorough investigation. Consulting with an experienced personal injury attorney who understands Michigan's laws regarding bicycle accidents can help you understand your rights and options for seeking compensation.
Proving Negligence in a Dearborn Bicycle Accident Claim
Proving negligence in a bicycle accident claim involves demonstrating that the at-fault party breached their duty of care to the bicyclist, resulting in the accident and subsequent injuries. Here's how it's typically done:
Duty of Care: Establish that the at-fault party owed a duty of care to the bicyclist. This duty of care requires motorists to operate their vehicles safely and attentively, especially around vulnerable road users like cyclists.
Breach of Duty: Show that the at-fault party breached this duty of care by acting negligently or recklessly. This could include behaviors such as speeding, distracted driving, failing to yield, running a red light, or driving under the influence of alcohol or drugs.
Causation: Demonstrate that the breach of duty directly caused the bicycle accident and resulting injuries. This may involve providing evidence such as witness statements, accident reconstructions, police reports, and medical records.
Damages: Prove that the bicyclist suffered actual damages as a result of the accident, such as medical expenses, lost wages, pain and suffering, and other financial and non-financial losses.
To strengthen a negligence claim, gathering as much evidence as possible, including witness testimony, photographs of the accident scene, medical records documenting injuries, and any available surveillance footage or dashcam footage is essential. Working with our experienced bicycle accident attorneys can also help navigate the legal process and build a strong case for compensation.
Comparative Negligence
Michigan follows a comparative negligence system in personal injury cases, including bicycle accidents. Comparative negligence allows each party involved in an accident to be assigned a percentage of fault based on their degree of responsibility for the incident. Under Michigan's modified comparative negligence rule:
An injured party can recover damages as long as their degree of fault does not exceed 50%.
However, if the injured party is found to be 51% or more at fault for the accident, they are barred from recovering any damages.
If the injured party's fault is less than 50%, their total damages award will be reduced by their percentage of fault. For example, if a bicyclist is deemed 20% at fault for a collision with a motor vehicle, their compensation will be reduced by 20%.
Comparative negligence can impact the outcome of bicycle accident claims in Michigan, as it affects the amount of compensation a victim can recover based on their level of fault. It's essential for individuals involved in bicycle accidents to understand how comparative negligence may apply to their case and seek legal guidance to protect their rights and pursue fair compensation.
Compensation for Dearborn Bike Accidents
After a bicycle accident in Dearborn, Michigan, various types of compensation may be available to injured individuals to cover their losses and damages. These may include:
Medical Expenses: Compensation for past, current, and future medical bills related to injuries sustained in the accident, including hospital stays, surgeries, medications, rehabilitation, and therapy.
Lost Wages: Reimbursement for income lost due to the inability to work during recovery from injuries sustained in the accident, including lost wages, salary, bonuses, and other employment benefits.
Property Damage: Compensation for the repair or replacement of damaged bicycles and any other personal property damaged in the accident, such as clothing, helmets, or accessories.
Pain and Suffering: Non-economic damages awarded to compensate for physical pain, emotional distress, mental anguish, and loss of enjoyment of life resulting from the accident and injuries.
Disability or Disfigurement: Compensation for permanent disabilities, disfigurement, scarring, or impairments resulting from the accident that affect the individual's ability to perform daily activities or enjoy life.
Loss of Consortium: Damages awarded to compensate the spouse or family members of an injured individual for the loss of companionship, support, and services due to the injuries sustained in the accident.
Wrongful Death: In cases where a bicycle accident results in the death of a loved one, surviving family members may seek damages for funeral and burial expenses, loss of financial support, and loss of companionship through a wrongful death claim.
The amount of compensation you receive depends on numerous factors, including the circumstances of the accident, the severity of injuries, and other factors unique to each case. Seeking legal guidance from an experienced personal injury attorney can help injured individuals understand their rights and pursue fair compensation for their losses. You can take a look at Christopher Trainor & Associates' past verdicts to get an idea of what our attorneys could do for you.
Statute of Limitations
Per Michigan law, the statute of limitations on personal injury cases, including bike accidents, is generally three years from the date of the incident. This means that you have three years from the date of the bicycle accident to file a claim, or your case will likely be denied. However, there may be exceptions depending on the specific circumstances of the case. Since the process is often long and may involve unforeseen complications, it is recommended that you contact Christopher Trainor & Associates as soon as possible so that you can receive the justice you deserve within a reasonable timeframe.
How a Dearborn Bicycle Attorney Can Help
Though it is possible to file a personal injury claim without an attorney, a bicycle accident lawyer can provide valuable assistance to individuals who have been injured in bicycle accidents in several ways:
Legal Advice and Guidance: A bicycle accident lawyer can offer legal advice and guidance tailored to the case's specific circumstances. They can explain the individual's rights under Michigan law, assess the strength of the case, and outline the available options for seeking compensation.
Investigation: An attorney can thoroughly investigate the circumstances surrounding the bicycle accident. This may involve gathering evidence, interviewing witnesses, obtaining accident reports, and analyzing relevant laws and regulations.
Establishing Liability: Bicycle accident cases often involve complex liability issues. A lawyer can help determine who may be held legally responsible for the accident, whether it's the driver of a motor vehicle, a property owner, a manufacturer, or another party.
Negotiating with Insurance Companies: Many bicycle accident cases are resolved through negotiations with insurance companies. A lawyer can handle all communications and negotiations with insurance adjusters on behalf of the injured individual to seek a fair settlement.
Litigation: A bicycle accident lawyer can represent the injured individual in court if a fair settlement cannot be reached through negotiations. They can file a lawsuit, present evidence, call witnesses, and argue the case before a judge and jury to seek compensation through a trial.
Maximizing Compensation: An experienced attorney knows how to assess the full extent of the injured individual's damages and pursue maximum compensation for their losses. This may include compensation for medical expenses, lost wages, pain and suffering, and other damages.
Legal Protection and Advocacy: Dealing with the aftermath of a bicycle accident can be overwhelming, especially when coping with injuries and financial losses. A lawyer can provide legal protection and advocacy, handling all aspects of the case so the injured individual can focus on their recovery.
Christopher Trainor & Associates has spent years dedicated to those who have been injured due to the actions of others. Our knowledgeable bicycle accident attorneys will advocate for your rights and ensure the best outcome possible for your claim.
Contact a Dearborn Bicycle Accident Lawyer Today
After a Dearborn bicycle accident, knowing your rights and options for compensation is crucial. A skilled bicycle accident lawyer from Christopher Trainor & Associates can help navigate the legal process, advocating for your rights and guiding you through insurance claims and legal steps. We believe that no one should have to suffer due to the negligence of others. With our help, you can seek the financial recovery you need to move forward after the accident.
Reach out for your free consultation using our online form or by calling 248-886-8650. We will work to ensure you receive the justice you deserve.
