Whether you ride your bicycle for recreational purposes, exercise, or for competitive biking purposes in Michigan, you have undoubtedly seen conditions on the streets and roads that pose a danger of injury. These hazards often include potholes, uneven portions of cement, and even crudely patched potholes with loose gravel that can cause a bicyclist to lose control of the bike and fall to the pavement. The injuries from these falls and accidents are often very serious.
The government is responsible for maintaining roadways in reasonable repair. Michigan has several statutes that relate to a governmental agency’s duty to properly maintain roadways. A bicyclist injured due to a defective road condition or pothole can file a claim against the government agency for accident related injuries.
Michigan Bicycle & Roadway Laws
MCL 691.1402 says in pertinent part “. . . each Governmental agency having jurisdiction over highways, shall maintain the highway in reasonable repair so that it is reasonably safe and convenient for public travel. A person who sustains bodily injury or damage to his or her property by reason of failure of a Governmental agency to keep a highway under its jurisdiction and reasonable repair and in condition reasonably safe and fit for travel, must recover the damages suffered by him or her from the Governmental agency.”
To assert this type of claim, the injured bicyclist is required by law to provide written notice to the government agency responsible for maintaining the roadway where the injury occurred. The written notice must be served within 120 days of the injury, with very few exceptions, or the claim will be forever barred. The notice must include the date of the injury, the precise location of the injury, the nature of the defect, and the names of any known witnesses.
Contact Our Michigan Bicycle Accident Lawyers
In the event that a bicyclist is injured due to a road defect in Michigan, it is essential that an experienced Michigan bicycle accident lawyer be contacted as soon as possible after the accident. This will insure that the matter is properly investigated and the required notice be sent to the governing agency to preserve the claim.
Our bicycle accident law team at Buckfire & Buckfire, P.C. will interview witnesses, take photographs and measurements of the defective condition, and obtain government records of road repairs in the area of the accident. Without this prompt and detailed investigation, it may be later impossible to prove and win your claim. Time is of the essence for preserving these claims.
Call our award winning bicycle accident lawyers today at (800) 606-1717 and an attorney will be available to speak with you about your situation. If we believe you have a case, we will begin work on it immediately. Of course, we do not charge any legal fees at all. You will only be responsible for payment if we are able to win a settlement for you. There is nothing to lose so call us today!