Bicycle Accidents

Bicycle Accidents in Michigan: Riders Deserve the Same Legal Protection as Every Other Road User

Michigan law gives bicyclists the same rights and responsibilities as motor vehicle drivers. Under MCL § 257.657, a bicycle on a roadway has all the rights of a vehicle. That's the law. But in practice, drivers treat cyclists as obstacles, insurance companies treat bicycle accident claims as minor, and police reports routinely assign fault to the rider without investigating what the driver actually did wrong.

I've represented cyclists at Koussan Law who were doored by a parked car, right-hooked by a turning vehicle, rear-ended while riding in a bike lane, and struck at intersections by drivers who never looked. The injuries in these cases are severe — broken collarbones, fractured pelvises, traumatic brain injuries, road rash requiring skin grafts — because a cyclist has zero protection against a multi-ton vehicle.

How Michigan Law Protects Cyclists

Under MCL § 257.660, drivers must maintain a safe passing distance when overtaking a bicycle. Under MCL § 257.660a, that distance must be at least five feet when the speed limit is 45 mph or less, and the driver must reduce speed to no more than five mph above the cyclist's speed. Violations of these statutes establish negligence, and I use them aggressively in bicycle accident cases.

Michigan's comparative fault rule under MCL § 600.2959 applies to bicycle cases just as it does to car accidents. Even if the cyclist wasn't wearing a helmet, didn't have reflectors, or was riding on the wrong side of the road, they can still recover as long as they were less than 50% at fault. The driver's failure to yield, look, or maintain a safe distance is almost always the primary cause.

No-Fault PIP Benefits Apply to Cyclists

Most cyclists don't realize this: if you're struck by a motor vehicle while riding a bicycle in Michigan, you're entitled to PIP benefits under the no-fault system. Under MCL § 500.3115, the priority rules determine which insurer pays. If you have your own auto insurance, that policy pays first. If you don't, the driver's insurer or the vehicle owner's insurer may be responsible. PIP covers medical expenses, 85% of lost wages, and replacement services — on top of any third-party negligence claim you pursue against the driver.

Frequently Asked Questions

Q: Do I have to wear a helmet while cycling in Michigan?

Michigan has no statewide helmet law for adult cyclists. Some local municipalities may have ordinances, but there's no state mandate. If you weren't wearing a helmet and suffered a head injury, the defense will argue your damages should be reduced. However, the absence of a helmet cannot bar your claim — it's a comparative fault issue, not an absolute defense. I present medical evidence on whether a helmet would have changed the outcome for the specific injuries involved.

Q: What if the driver who hit me left the scene?

Hit-and-run bicycle accidents are tragically common. Your own auto insurance uninsured motorist coverage may apply. PIP benefits are still available through the priority system. If you don't have auto insurance, the Michigan Assigned Claims Plan may provide coverage. I've recovered full compensation for cyclists in hit-and-run cases where the driver was never identified — the key is filing the right claims immediately.

Q: Can I sue if I was hit while riding on the sidewalk?

Yes. While some municipalities restrict sidewalk cycling, riding on a sidewalk where it's permitted (or even where it's technically prohibited) doesn't eliminate a driver's duty of care. If the driver failed to look before crossing a sidewalk at a driveway or intersection, their negligence caused the collision regardless of whether you were technically allowed to ride there. Comparative fault may apply, but it rarely exceeds 50% in these situations.

Q: What is the statute of limitations for a bicycle accident claim in Michigan?

Three years for a negligence claim under MCL § 600.5805. One year for PIP benefits under MCL § 500.3145. If a government entity is involved — a city-maintained bike lane with hazardous conditions, or a government vehicle that struck you — the 120-day notice requirement under MCL § 691.1404 applies. Multiple overlapping deadlines make early legal consultation essential.