Kalamazoo bicyclist killed after being hit by train Monday

A man in Kalamazoo was killed Monday when he was hit by a train while riding a bike.

Kalamazoo police were alerted to the crash on Oliver Street near Stadium Drive at around 9:30 p.m. on Monday, June 22. The bicyclist was attempting to cross the tracks when he was hit by the train and pronounced dead at the scene.

The stopped train, an Amtrak Midwest Siemens SC-44 Charger #4603, appeared to be filled with passengers.

The intersection was closed for investigation, which is still ongoing, but the road is now back open.

Anyone with information is asked to contact the Kalamazoo Department of Public Safety at (269) 337-8120 or Kalamazoo Silent Observer at (269) 343-2100.

Legal Issues After a Bicycle Crash

Michigan law gives bicycle riders many of the same road rights and duties that apply to other vehicle operators. Drivers must use reasonable care around bicyclists, and Michigan law requires motorists passing a bicycle to leave at least three feet of space when safe to do so.

Fault in a bicycle crash depends on the facts of the case. Investigators may look at speed, lighting, visibility, lane position, traffic signals or stop signs, driver conduct, road conditions and whether someone violated traffic laws.

Fault could change depending on where the rider was traveling, whether the rider was using required lights or reflectors or if the crash was caused by the actions of another driver.

Train crash legal issues

Crashes involving trains can raise different legal issues than ordinary motor-vehicle crashes. A train collision may involve Michigan negligence law, railroad safety rules and questions about who controlled the crossing, signals, tracks, train operation or surrounding roadway.

One reason they can be more complicated is because railroads, train operators and other involved companies may be subject to federal railroad safety regulations. Liability may be an issue if the crash involved unsafe speeds, failure to sound a horn when required, malfunctioning crossing gates or lights, poor track maintenance, obstructed sightlines, inadequate warning signs, distracted operation, improper training or failure to preserve event recorder, video or dispatch records after the crash.

When a motor vehicle is involved, Michigan no-fault rules may also affect possible benefits after the crash. This means an injured person may be eligible for PIP benefits depending on coverage, priority rules and the facts of the collision. Fault may still matter for claims involving pain and suffering, excess economic losses or wrongful death.

For more background about related crashes read Michigan Legal Center guides on Michigan wrongful death deadlines and Michigan Legal Center’s personal injury claims page.