Our Michigan fatal bicycle accident attorneys represent families of bicyclists who were killed in car accidents. These tragic fatal accidents are most often caused by the negligent driving of motorists and truck drivers. Most of these fatal accidents and deaths could have been avoided if the motorist was driving in a safe manner.
Causes of Fatal Bicycle Accidents in Michigan
There are many reasons that bicyclists are killed in Michigan bicycle car accidents, including:
- Distracted drivers on texting or talking on cell phones and not paying attention to bicyclists on streets, shoulders, and roads
- Night time visibility affecting the driver’s ability to see the bicyclist
- Right turn on red light accidents where drivers are not looking for bicyclists riding their bikes or walking their bicycle while crossing the street or in crosswalks
- Bicyclists crossing in areas not marked with crosswalks but still readily visible to motorists
- Drivers driving at excessive speeds and carelessly
- Intoxicated drivers and drunk drivers driving dangerously on streets and in parking lots
Can a Family Member Claim Survivor's Loss Benefits after a Michigan Bicycle Death?
Yes, the surviving family members of a bicyclist killed in a car accident do have legal rights. Under the Michigan No-Fault laws, family members can file a claim for Survivor's Loss Benefits. These include claims for payment of medical bills, lost wages, household services, and loss of services. There is also a claim for a portion of the funeral and burial expenses.
Can a No-Fault Insurance Claim be Made if the Bicyclist did not have Auto Insurance?
Yes, the family members can obtain No-Fault Insurance benefits even if the bicyclist did not own a vehicle or have an auto insurance policy. There is an order or priority set by Michigan statute which determines which auto insurance company would be responsible for paying the benefits. Possibilities include the insurance company of a resident relative or the striking vehicles insurer. If there was no insurance on any vehicle or it was a hit and run accident, a claim is made with the Michigan Assigned Claims Plan.
How do I bring a Wrongful Death Lawsuit for the Fatal Bicycle Accident?
The family members can also a file a Michigan wrongful death lawsuit. This type of lawsuit seeks compensation for the pain and suffering endured by the victim from the time of accident until death. The lawsuit also seeks compensation for the loss of society and companionship suffered by the family members due to the loss of the loved one. Additional damages can be sought for loss of earnings, loss of support, and funeral and burial expenses.
To bring a wrongful death lawsuit, a family member must first be appointed as the personal representative of the decedent's estate. This is required even if the bicyclist killed in the accident does not own an property or have significant bank accounts. It is the required first step of bringing the lawsuit. Our law firm will handle all of the necessary paperwork to start and complete the process and pay all of the court filing fees.
After a personal representative is appointed, a lawsuit can be filed against the negligent motorist and owner of the vehicle. The personal representative will be the front person for the family but all interested family members still have a right to share in the settlement proceeds. Once the case is settled, the judge will be asked to approve the settlement and will then assign a share to each family member. All family members must be notified of the proposed shares and each person has the right to appear in court and object to the distribution if they believe it is unfair. The judge will then either hold a hearing or decide on the fair distribution of the settlement.
Contact Our Michigan Bicycle Accident Wrongful Death Lawyers
To learn more about the legal rights of family members of a bicyclist killed in a Michigan bicycle car accident, you should call our award winning Michigan law firm immediately. It is important to get started as soon as possible so that we can obtain witness statements and gather evidence. We will investigate your case to prove that the driver was at fault in causing the fatal accident.
We will handle you case under our NO FEE PROMISE, which means there are absolutely no legal fees or costs until we win you a settlement. Call our Michigan bicycle accident lawyers now at (800) 606-1717 or fill in the orange Get Help Now box on this page. We will receive it immediately and call you shortly after to discuss your situation. There is nothing to lose, so call our award winning law firm today!