Michigan Bicycle Accident Law
Protecting Cyclists’ Rights Across Grand Rapids and West Michigan
Bicyclists share Michigan’s roads every day—often surrounded by much larger, faster, and less careful vehicles. When a careless driver causes a crash, the injuries can be devastating. Jonathon Homa represents injured cyclists in cases involving negligent drivers, intersection collisions, hit-and-runs, and PIP priority issues. He assists riders in securing No-Fault benefits and pursuing compensation for pain and suffering consistent with Michigan’s threshold-injury requirements.
Understanding Michigan Bicycle Law
Michigan law gives bicyclists the same rights and responsibilities as motorists on public roadways (MCL 257.657). That means drivers must respect cyclists’ lane position, speed, and safety space just as they would another car. However, because bicycles are smaller and slower, many crashes occur when drivers fail to yield, pass too closely, or turn across a cyclist’s path.
Under MCL 257.636, drivers must leave a minimum of three feet of clearance when passing a bicycle, and cyclists may ride two abreast as long as they do not impede normal traffic flow.
The Michigan Supreme Court confirmed this equal-rights principle in Roy v. Department of Transportation, 428 Mich. 330 (1987), holding that a cyclist has the same rights and duties as a motorist on the roadway, but must use an adjacent, usable bicycle path instead of the road when one is provided under MCL 257.660, and is barred from riding on limited-access highways altogether. Different rules apply on sidewalks and in crosswalks: under MCL 257.660c, a cyclist riding there has the same rights and responsibilities as a pedestrian, must yield to pedestrians, and must give an audible signal before passing one — and a municipality may prohibit sidewalk riding by posted sign. At intersections, MCL 257.649 requires a driver to yield to a vehicle, including a bicycle, that has already entered the intersection, and requires the vehicle approaching from the left to yield to the one approaching from the right when both arrive at the same time.
Common Bicycle Accident Injuries
Bicycle crashes frequently cause serious or permanent injuries, including:
Even with a helmet, cyclists are almost completely unprotected in a collision. Many victims face extended rehabilitation, missed work, and lasting pain.
When No-Fault Insurance Applies
If a motor vehicle is involved, Michigan’s No-Fault Insurance Act (MCL 500.3101 et seq.) may provide No-Fault (PIP) benefits—covering medical expenses, wage loss, and attendant-care services. Priority for payment generally follows this order:
These claims must be filed within one year of the accident (MCL 500.3145).
If another driver was negligent, the cyclist may also bring a tort claim for non-economic damages such as pain and suffering, emotional distress, or loss of enjoyment of life.
Because a bicycle is not a “motor vehicle” under the No-Fault Act — which requires more than two wheels and power other than muscular power, per MCL 500.3101(3)(i) — an injured cyclist is not treated as an occupant of a motor vehicle for coverage purposes. PIP benefits are still payable under MCL 500.3105 without regard to fault, but which insurer must pay depends on the priority order above; a cyclist with no applicable policy in that chain claims through the Michigan Assigned Claims Plan under MCL 500.3115. In DeMeglio v. Auto Club Insurance Association, 449 Mich. 33 (1995), the Michigan Supreme Court confirmed that a cyclist struck by an insured vehicle can collect PIP benefits from that vehicle’s no-fault insurer.
Proving Driver Negligence
To recover outside of No-Fault benefits, the injured cyclist must show that the driver was negligent and that the injuries meet Michigan’s “serious impairment of body function” threshold (MCL 500.3135). Common forms of negligence include:
Police reports, witness statements, dash-cam footage, and scene measurements can all support a successful claim.
Comparative Fault: How Your Own Conduct Can Affect a Claim
Michigan applies pure comparative negligence to bicycle-accident claims. Under this rule, an injured cyclist can still recover damages from a negligent driver even if the cyclist’s own conduct contributed to the crash — the total award is reduced to reflect the cyclist’s share of fault rather than barred outright. Insurers routinely raise comparative-fault arguments to reduce a payout, which makes it important to know which conduct can actually be held against a cyclist and which cannot.
Violating a Michigan Vehicle Code requirement that applies to cyclists can be treated as negligence per se — meaning the violation itself establishes negligence without a separate showing of carelessness. Michigan courts have applied this rule to a cyclist riding in the wrong lane in violation of the statute requiring riders to keep to the right side of the roadway, and to cyclists riding against the flow of traffic in violation of Michigan’s rules of the road. Riding after dark without the front lamp and rear reflector required by MCL 257.662 can raise the same issue. A violation like this can reduce a cyclist’s recovery, but under Michigan’s pure comparative negligence rule it does not automatically eliminate it.
Unlike Michigan’s helmet law for motorcycle riders under MCL 257.658, no Michigan statute requires an adult cyclist to wear a helmet. Failing to wear one is not a traffic violation and does not by itself establish fault for causing a crash. By analogy to Michigan cases holding that a driver’s choice not to wear a seat belt cannot be used as evidence of contributory negligence or a failure to mitigate damages, a cyclist’s decision not to wear a helmet is not evidence that the cyclist caused the collision. No published Michigan appellate decision has held bicycle helmet non-use admissible to reduce a cyclist’s recovery.
Deadlines and Notice Requirements
A negligence claim against an at-fault driver must generally be filed within three years of the crash under MCL 600.5805(2). A claim for No-Fault PIP benefits is subject to a separate, shorter deadline: under MCL 500.3145(1), the claim generally must be filed within one year of the accident, unless written notice of the injury was given to the insurer within that year or the insurer already made a PIP payment for the injury. Missing either deadline — or failing to give timely written notice on a PIP claim — can bar recovery entirely, making early legal guidance essential.
Frequently Asked Questions
Does my own car insurance cover me if I’m hit by a car while riding my bike?
Often yes. Michigan treats an injured cyclist like a pedestrian for no-fault purposes. Under MCL 500.3115, you can claim Personal Injury Protection (PIP) benefits first through your own auto policy, then a resident relative’s policy, then the striking vehicle’s insurer, and finally the Michigan Assigned Claims Plan if no other coverage applies — even if you don’t own a car yourself.
Is there a deadline to file for no-fault benefits after a bicycle accident?
Yes. Under MCL 500.3145, written notice of the injury generally must be given within one year of the crash, or PIP benefits can be denied outright. This deadline is separate from, and much shorter than, the deadline for a lawsuit against an at-fault driver.
Can I sue the driver who hit me, or am I limited to no-fault benefits?
You may be able to sue for pain and suffering, but only if your injuries meet Michigan’s “serious impairment of body function” threshold under MCL 500.3135. Fractures, traumatic brain injuries, and permanent scarring routinely meet this standard; more minor injuries may not.
How much space does a driver have to give a cyclist when passing?
Michigan law requires drivers to leave at least 3 feet of space when passing a bicycle — MCL 257.636 when passing on the left, MCL 257.637 when passing on the right. A driver who passes closer than that, and causes or contributes to a collision, has violated a specific statutory duty.
Do cyclists have to ride as far right as possible, and does that affect fault?
Generally, yes — MCL 257.660a requires cyclists to ride as close to the right-hand curb or edge as practicable, with exceptions for passing, turning left, or avoiding unsafe road conditions. But this doesn’t excuse a driver’s own carelessness, and Michigan’s comparative-fault rules can divide responsibility between both parties based on the facts.
How long do I have to file a lawsuit after a Michigan bicycle accident?
A third-party injury lawsuit against an at-fault driver generally must be filed within three years under MCL 600.5805(2). If a government vehicle or a road defect contributed to the crash, a much shorter 120-day written-notice requirement under MCL 691.1404 may also apply.
How JKH Law Can Help
At JKH Law, we investigate bicycle crashes thoroughly—working with accident-reconstruction experts, medical specialists, and insurers to secure full compensation. We handle:
If you were injured while riding a bicycle in Michigan, you don’t have to face insurers or medical bills alone. Contact JKH Law today for a free consultation and case evaluation. (616) 226-3762
JKH Law, PLC
312 Fulton Street East
Grand Rapids, MI 49503
(616) 226-3762 (office)
(616) 988-6504 (fax)
Personal Injury Practice