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Nearly One Third of
Bicycle Accidents Involve Cars
We all try to avoid accidents of any kind, but in 2014 alone, Michigan saw 1,749 accidents involving bicyclists. It is important for cyclists to know their legal rights in case an accident occurs. While Michigan has a relatively small number of biking accidents each year compared to motor vehicle accidents, most of these accidents involve some form of injury, and on average, 26.5 fatalities occur per year.
Contact our team online or by phone at (248) 286-8100 to schedule a free consultation today with our dedicated and seasoned personal injury attorneys.
Wayne County Bicycle Accident Lawyers
Although the description is common, most bicycle crashes aren’t accidents. This word implies the wreck was unavoidable and inevitable. Furthermore, calling such incidents ”accidents” absolves the tortfeasor (negligent driver) of responsibility. People accidentally leave the lights on. They do not accidentally drive aggressively, or drive while impaired, and cause crashes. Aggressive driving and impaired driving might be mistakes. But we all should take responsibility for the mistakes we make.
This responsibility usually includes paying compensation for damages. For example, if Bill dents his neighbor’s mailbox as he backs out of his driveway, he should pay to replace the mailbox. If Bill injures his neighbor in a bicycle crash, he should likewise pay compensation. This compensation usually includes money for economic losses, such as medical bills, and non-economic losses, such as pain and suffering. The damages are higher in the latter case because a person is worth much more than a mailbox.
This compensation is available under Michigan law, but insurance companies do not simply give it away. In fact, the opposite is usually true. These companies quickly hire high-priced lawyers who will do almost anything to deny liability and reduce or deny compensation to victims. A victim needs an assertive Detroit bicycle accident lawyer from Goodman Acker to level the playing field. Our legal team works hard to build an evidence-based case that establishes the basic elements of a negligence case and also overcomes some likely insurance company defenses.
Bicycle Wreck Injuries
Airbags, seat belts, and other restraint systems protect four-wheel vehicle occupants during collisions. But bicycle riders have no such protection. Instead, they bear the full brunt of an oncoming car or truck. It is important that you choose an attorney who has significant experience representing persons injured in bicycle-car accidents. You want a lawyer with a complete understanding of Michigan no-fault laws so you can receive the maximum compensation possible for your injuries.
Some of the serious injuries these victims sustain include:
- Head injuries
- Internal injuries
- Spine injuries.
These victims often don’t survive these injuries. Bicyclists make up less than 1 percent of the motorists on Detroit roads (yes, a bicycle is a motor vehicle), but these individuals make up almost 3 percent of fatal crash victims.
Even if they survive, the average medical bill in a catastrophic (life-threatening) injury case exceeds $100,000. Many group health insurance policies don’t cover injury-related costs, and that’s more money than most families can possibly afford to pay.
With more than 150 years of experience, our firm can help you understand your legal rights and help you proceed with the legal process to get the justice and compensation you deserve. You don’t pay legal fees unless you receive a settlement or recovery. Waiting too long to talk to a lawyer can mean the difference between receiving sufficient compensation and not being able to collect on your claim.
Why Choose Us
A Detroit bicycle accident lawyer connects victims with top doctors who, in many cases, charge nothing upfront for their medical services. So, victims with lawyers get the medical care they need when they need it. Furthermore, they don’t have extra bills to worry about as they recover from their injuries. They can simply focus on getting better.
At Goodman Acker, we make this connection as easy as possible. We have professional relationships with many doctors who focus on injury-related conditions.
As victims try to relax and get back to normal, our team collects evidence in your case. This evidence usually includes witness statements, medical bills, and the police accident report.
We go the extra mile in this area. Medical bills are a good example. Frequently, these documents are a good start, but that’s it. Usually, medical bills don’t accurately predict the need for future medical procedures. Additionally, these bills often only include clinical information. They don’t state anything about the victim’s pain or stress level.
The doctors we work with do more than treat victims. They also analyze medical records and fill in the blanks.
Finally, because of our experience, we quickly develop a vision for your case. Less experienced lawyers might spend precious days or weeks developing a litigation plan. A fast start does not always guarantee a successful outcome, but it does make a successful outcome much more likely.
This approach has helped us obtain life-changing results for our clients in the past. We’re confident that our proven methods will produce the same results in your bicycle accident claim.
Elements of a Bicycle Accident Claim in Detroit
These methods usually involve the ordinary negligence doctrine or the negligence per se rule. Right-turn bicycle crashes, one of the most common kinds of bicycle accidents, illustrate how our Detroit bicycle accident lawyers use these doctrines.
Before we discuss right-turn wrecks, we should touch on bicycle safety infrastructure measures. City planners believe that concrete pillars and other large objects that separate bicycle lanes from other traffic lanes protect riders. This belief was partially right because it gives riders space, but it was also partially wrong because these separators decrease driver visibility.
Assume Phyllis is approaching an intersection on her bicycle at about the same time Mary is preparing to turn right at that intersection. Because of those dividers, Mary doesn’t see Phyllis, and she turns directly into her path.
Mary failed to yield the right-of-way to another motor vehicle. Failure to yield (FTY) violates Michigan traffic laws. If an emergency responder cited Mary for an FTY violation, the negligence per se rule could apply. Tortfeasors are automatically liable for damages if (1) they violate a safety law and (2) that violation causes an injury.
The time-saving negligence per se rule only applies if the tortfeasor received a citation. For various reasons, police officers often don’t cite at-fault drivers, even if they cause a fatal bicycle accident.
The lack of visibility does not excuse Mary’s negligence. Neither does an adverse environmental condition, like rain or ice. So, if the negligence per se rule is unavailable, a Wayne County bicycle accident lawyer uses the ordinary negligence principle to obtain compensation for victims like Phyllis. This doctrine has four basic elements:
- Duty: Most drivers have a duty of reasonable care. They must drive defensively and avoid accidents when possible. Door Dash drivers and other commercial drivers usually have a higher duty of care. They must go the extra mile to avoid accidents.
- Breach: Failure to yield the right-of-way, tailgating, speeding, and other aggressive driving behaviors breach the duty of care. So does impaired driving, like driving while intoxicated or with a moderate medical condition like the flu. Such driver errors cause about 98 percent of the vehicle collisions in Michigan.
- Cause: A Detroit bicycle accident lawyer must connect the breach, which was discussed above, with the damages, which are discussed below. Furthermore, the victim’s injury must be foreseeable. If Phyllis’s doctor makes a medical mistake, that injury is not a foreseeable consequence of Mary’s negligence. A lawyer must file a separate claim to obtain compensation for the medical mistake-related injury.
- Damages: Normally, the victim must sustain a physical injury and/or property damages to obtain compensation in court. Extreme emotional distress in a near-miss accident may be compensable in some cases.
Detroit bicycle accident lawyers must prove all four elements of an ordinary negligence case by a preponderance of the evidence, or more likely than not. That’s one of the lowest burdens of proof in Michigan law. So, a little proof goes a long way.
Possible Defenses
A minimum amount of evidence usually is not enough to obtain maximum compensation, especially since several legal defenses could apply.
Comparative negligence is one of the most common insurance company defenses in vehicle collision claims. This legal loophole essentially shifts the blame for a bicycle accident from the tortfeasor to the victim.
Assume the light was red when Phyllis and Mary arrived at the intersection. Phyllis didn’t stop and Mary didn’t look when she turned right on red. Jurors could conclude that both women were partially at fault for this wreck. In these situations, jurors must divide fault between the two parties on a percentage basis.
Michigan is a modified comparative fault state with a 51 percent bar. Tortfeasors are liable for a proportionate share of damages if they are at least 49 percent responsible for a wreck.
A Detroit bicycle accident lawyer often uses evidence to refute this defense. For example, if Mary didn’t come to a complete stop before she turned right, her share of the blame increases significantly.
The bicycle helmet defense may be available as well. If the victim wasn’t wearing a helmet, even if Michigan’s limited bicycle helmet requirement did not apply, and the failure to wear a helmet caused the victim’s injuries, the court could reduce the amount of compensation the tortfeasor must pay.
Cause is usually the key question in this defense. Usually, the failure to wear a helmet is like snow or ice. These things contribute to a crash or injury, but they don’t cause a crash or injury.
FAQs
If you have questions about your injury claim, our Detroit bicycle accident lawyers usually have the answers. The following are answers to some common questions our clients ask:
Aggressive driving, like speeding, and impaired driving, like drunk driving, cause about 98 percent of the bicycle accidents in Detroit. Defective products, mostly defective tires, cause most of the rest.
Media reports often state that bad weather, which we have lots of in the winter, “caused” an accident. But that’s not true, at least from a legal perspective. Bad weather contributes to bicycle accidents, but it very rarely causes them. Extreme weather events, like lightning strikes or earthquakes, are about the only exception.
Study after study proves that a victim with a Wayne County bicycle accident lawyer obtains much more compensation than a victim who does not have an attorney.
Injured victims are in no condition to collect evidence and otherwise build legal claims. Furthermore, victims without lawyers are unfamiliar with court rules and procedures. Lawyers are also excellent negotiators. This skill is important because over 95 percent of civil claims settle out of court.
The amount of compensation in a bicycle or other accident claim varies, mostly based on the facts in the case. This compensation usually starts with money for medical bills and other economic losses. A Detroit bicycle accident lawyer uses this figure to determine a fair amount of compensation for emotional distress and other non-economic losses. Out-of-court settlement negotiations resolve almost all injury claims. These negotiations usually involve some give and take.
No. There’s a difference between fault and liability. Fault, which is based only on the evidence immediately available at the scene, is like the halftime score of a football game. Liability, which is based on all available evidence as well as applicable legal theories, is like the final score.
Furthermore, a third party, like an employer, is often financially responsible for damages, under Michigan’s broad vicarious liability laws.
Count on a Hardworking Wayne County Lawyer
Injury victims need and deserve substantial compensation for their serious injuries. For a free consultation with an experienced bicycle accident lawyer in Detroit, contact the Michigan personal injury attorneys at Goodman Acker P.C. by going online or calling (248) 286-8100. We have several offices throughout the Wolverine State.
LEGALLY REVIEWED BY BARRY J. GOODMAN
Barry J. Goodman has devoted his professional life to keeping courthouse doors open for victims seeking justice. Always a tireless advocate for his own clients, Goodman sees his responsibility as a Detroit personal injury attorney in a broader sense as well. [ Attorney Bio ]
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