What Every Cyclist Needs to Know About Legal Rights in Michigan
Cycling is growing across Michigan — from Detroit's Dequindre Cut to the trails of Traverse City — and so are bicycle-vehicle collisions. If you ride, you need to understand what happens legally when a driver hits you. Michigan's unique no-fault insurance system creates specific rules for bicycle accident claims that differ from standard car accident cases.
The Legal Framework for Cyclist Injuries
Michigan classifies bicycles as vehicles under MCL § 257.657, which means cyclists must follow traffic laws — but also means drivers must treat cyclists as legitimate road users. When a driver violates a cyclist's right of way, runs a red light, or fails to yield while turning, that driver is negligent. Proving negligence is the foundation of your third-party injury claim beyond no-fault PIP benefits.
Serious Injury Threshold for Pain and Suffering
To recover non-economic damages like pain and suffering from the at-fault driver, Michigan requires your injuries to meet the "serious impairment of body function" threshold under MCL § 500.3135. Bicycle accidents frequently meet this standard because the injuries — fractures, spinal disc injuries, and permanent scarring — are often severe enough to affect your ability to live your normal life.
Helmet Laws and Comparative Fault
Michigan does not require adult cyclists to wear helmets, though riders under 18 must wear one. The absence of a helmet does not automatically reduce your claim, but insurance companies will try to argue contributory negligence. Under Michigan's modified comparative fault rule (MCL § 600.2959), your damages are reduced by your percentage of fault — and if you are more than 50% at fault, you recover nothing. An experienced attorney prevents insurers from inflating your fault percentage.
What to Do After a Bicycle Accident
Document everything — photograph the scene, your injuries, and the vehicle. Get the driver's insurance information and any witness contact details. Seek medical attention immediately, even if injuries seem minor. Then contact Koussan Law at (313) 800-0000 before speaking with any insurance adjuster. Use our case calculator to get an initial estimate of your claim.
