Are Cyclists Entitled to Compensation for Road Hazards in Michigan?

What Can I Do if I Was Injured While Cycling Due to Bad Road Conditions in Michigan?

It’s traumatic and frustrating to be enjoying a bike ride and unexpectedly come across hazardous conditions. When those conditions lead to falls and injuries, it can be life-changing. At the same time, it can be daunting to consider whether or not claims for medical expenses can be filed against any person or organization since most roads are publicly owned and operated. Asking the city, county, or state government to pay damages may feel overwhelming.

That’s where experienced bicycle accident attorneys can become valuable. This area of law is complex, and you could benefit from having a knowledgeable professional assist you.

Is It True That Michigan Governmental Agencies Can’t Be Sued?

In general, the government in Michigan has what’s known as governmental or sovereign immunity, meaning it can’t be sued for personal injuries, even if it’s clear the government employee or organization had at least some responsibility for the conditions that led to the injury. However, there are a few exceptions, including claims for defective highways.

This exception is allowed because the state feels the government is responsible for keeping roads in safe condition for all who use them, including bicyclists (and bicyclists are allowed on all roads in the state). Bicycling laws in the state usually require cyclists to keep as close to the right edge of the road as possible, but an exception is carved out for things like potholes.

However, there’s a twist in the law: Michigan law requires roads to be kept safe–for vehicles. That means the main vehicle lanes must be kept in reasonable condition. So, if a cyclist is injured while biking on a shoulder, bike lane, sidewalk, or crosswalk, they may have difficulty winning their damages case.

The other difficulty is proving that the government agency knew or should reasonably have known about the dangerous conditions and had adequate time to correct them, which makes these cases even more complicated.

What Is the Statute of Limitations for Bicycle Accident Injuries in Michigan?

In most cases, filing for personal injury claims (including bicycle accidents) must be done within three years of the date of injury (or the date the injury was discovered). However, that applies to someone filing claims against a private person or organization. When filing for claims from government agencies, it’s entirely different.

Instead of three years, claims to government agencies in Michigan must be filed within 120 days of the date the accident happened. That’s only about four months as opposed to 36. Several forms must be filled out correctly and submitted on time, or the case will likely be dismissed outright.

Does Michigan’s Comparative Negligence Law Have a Role in Bicycle Accidents Due to Road Hazards?

Comparative negligence laws come into play when more than one person or entity could be at fault in an accident that causes injuries or property damage. For a bicyclist who is injured because of a road hazard (such as a pothole), it may be that they were reading their phone while cycling. Michigan’s hands-free law, which requires people operating vehicles to leave their phones alone, applies to cyclists, too. In that case, the bicyclist would have some responsibility in the accident in that if they hadn’t been looking at their phone, they might have seen the road hazard in time to avoid it.

When more than one party is at fault, each state has a set of comparative negligence laws determining how claims are handled. There are three types across the U.S.

Contributory negligence. This holds that if the victim is even 1% at fault for the accident, they’re unable to file for damages. Only a handful of states use this law.
Pure comparative negligence. This holds that even if the victim is 99% at fault, they can still file for 1% of any damages they’d be awarded. This is in a few more states than contributory negligence.
Modified comparative negligence. This holds that if the victim is roughly half at fault (the exact percentage depends on each state), they can’t receive damages. If they’re under their state’s threshold, they can file for damages, which will be reduced by the amount of fault that’s assessed to them.

Michigan uses the latter with a 50% threshold. That means if the victim is deemed at least 50% responsible for the accident, they can’t file for damages. If they’re found 30% at fault and are awarded $10,000, they’ll receive only $7,000 instead.

Because of this, even if you appear to have a solid case, it’s probable that the entity or person you’re filing claims against is going to work diligently to have at least 50% of the fault assigned to you so they can avoid paying damages. This is another reason to work with an experienced bicycle accident attorney.

What Should I Do if I Was Injured While Cycling on Poor Road Conditions in Michigan?

Call the Sigal Law Firm as soon as possible at 248-671-6794 to request a free consultation. Road hazards present a real danger to cyclists, and they’re not always easily discernable. We can go through what happened to you and determine if the road conditions presented a hazard and lack of safety, you should be able to trust while cycling. Our team of experienced, knowledgeable bicycle accident attorneys can help you understand how to file for claims and what the outcomes are likely to be.