Michigan Cyclists Have the Same Rights as Motor Vehicles
Under MCL § 257.657, every person riding a bicycle on a roadway has all the rights and is subject to all the duties applicable to the driver of a vehicle. That means drivers must treat you as traffic. They must pass at a safe distance, yield when required, and exercise due care to avoid hitting you. When they fail to do that and you get hurt, you have a personal injury claim — full stop.
The Insurance Problem for Cyclists
Here is where Michigan's no-fault system creates a real problem for cyclists. Bicycles are not motor vehicles under Michigan no-fault law. If you are hit by a car while cycling, your PIP benefits do not come from a bicycle policy (there is no such thing). Instead, PIP benefits follow a priority order: your own auto insurance policy (if you have one), a resident relative's auto policy, the at-fault driver's auto insurance, or the Michigan Assigned Claims Plan. If you do not own a car and no one in your household does, the priority chain gets complicated quickly. Koussan Law navigates this for every cycling client.
Common Causes of Bicycle Accidents We Handle
The cycling accidents that come through our door follow patterns. Right-hook collisions where a driver turns right across a cyclist's path. Dooring where a parked driver opens their door into a bike lane without looking. Intersection failures where drivers blow through stop signs or red lights. Rear-end hits where distracted drivers fail to notice a cyclist ahead. And road hazard crashes caused by potholes, debris, or construction zones that cyclists cannot avoid at speed. Detroit's bike infrastructure has improved in recent years, but it remains far from adequate.
Comparative Fault and Cycling
Insurance companies love to blame cyclists. You were not wearing a helmet. You did not have lights. You were in the middle of the lane instead of the shoulder. Under Michigan's comparative fault rules, these arguments can reduce your recovery — but they do not eliminate the driver's liability unless your fault exceeds 50%. Michigan does not have a mandatory helmet law for adult cyclists, so not wearing a helmet is not negligence per se. Koussan Law fights these blame-the-cyclist arguments with evidence and cycling safety expertise.
The Injuries Are Almost Always Serious
There is no way around the physics. A cyclist hit by a 4,000-pound vehicle at even moderate speed suffers severe injuries. We routinely see traumatic brain injuries (even with helmets), spinal injuries, compound fractures, road rash requiring skin grafts, and internal organ damage. The recovery timeline for a serious cycling accident is measured in months to years, not weeks. Medical costs accumulate fast, and lost wages compound the financial pressure. These are not small claims.
If you were hit while riding your bike in Michigan, call Koussan Law at (313) 800-0000. We understand cycling accident claims and we fight for the full value of your case.
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