Kline Legal Group P.L.C.

Bicyclist Must Obey Law or Face Serious Consequences

City Prosecutors in San Francisco recently filed felony vehicular manslaughter charges against a bicyclist who hit and killed a 67 year old pedestrian in a crosswalk. The bicyclist allegedly ran a red light at a high rate of speed and struck the elderly woman. See http://online.wsj.com/article/SB10001424052702303410404577466990820318610.html Bicyclist not only have to be concerned about their own criminal liability but also must be aware that in Michigan their own negligence can significantly reduce or eliminate their ability to collect benefits under the Michigan No Fault Law. 

See/Practice-Area/Types-of-Accidents.shtml Michigan uses a pure comparative negligence standard that reduces damage awards by the percent fault attributed to the negligent bicylclist. This means that if a bicyclist is riding on the wrong side of the road and gets hit by a motor vehicle the jury is allowed to reduce the injured bicylclist's damage award by the percent of fault that is attributed to the bicyclist for causing the accident. If the jury finds that the injured bicyclist is more than 50% at fault then the bicyclist will get no pain and suffering damages and only a reduced amount of economic damages for such things as lost wages.

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