Bicyclist ticketed after being hit by a truck? 1-877-245-3752
How Attorney Jason Waechter got this Michigan bicyclist's charges dismissed
How Attorney Jason Waechter got this Michigan bicyclist's charges dismissed
If you’re a bicyclist in Michigan, you know that cycling on the roads can sometimes be dangerous. This year, Attorney Jason Waechter had the opportunity to help a cyclist facing a unique situation: he was ticketed after he was hit by a truck.
Jason is known by many as a bicycle accident attorney in Michigan. He specializes in all vehicle negligence cases, so he went to bat for this cyclist and got all the charges against him dismissed.
Here, Jason shares a few of the most important things he will do for clients to help them win their bicycle accident injury case in Michigan.
- You need to do an immediate investigation to gather evidence at the scene of the bicycle-vehicle crash; the earlier, the better.
- Part of the investigation includes locating and personally talking to all witnesses, in order to potentially obtain a reliable witness statement. A reliable witness statement could make all the difference in a bicycle accident case.
- You cannot be afraid to stand up for the rights of the bicyclist and possibly take the case to court if necessary. Even if the bicyclist received a citation, you can’t be afraid to try that case in order to get the charges dismissed.
In the case mentioned above, the defendant (the bicyclist) is about 50 years old and works as an executive at a major corporation doing business in the State of Michigan. He has lived in Northville Township over 15 years and is an avid bicyclist.
In September 2013, he was riding his bicycle during the day on a Northville road. At that particular location, the mouth of the road he was riding on widens slightly but does not have a dedicated right-turn lane where it intersects a main road in town.
A large stake truck, a Ford F-50 Super Duty with a driver and passenger, was travelling along the same road in the same direction at the same time. The passenger window was open. As the bicycle’s front tire entered the intersection, suddenly and without warning, the driver of the truck made an abrupt right turn directly into the path of the bicyclist. The driver of the truck did not signal or warn in any way that it was turning right.
The bicyclist struck the front quarter panel and passenger door of the truck and screamed. The bicyclist’s face was level with the passenger’s open window, yelling. The truck continued its turn, making a wide turn onto the southbound cross street. The truck’s turn was so wide it went over the double yellow line briefly after completing the turn.
The driver of the pickup truck paused and then continued. A good Samaritan witness chased down the pickup truck obtained its license plate, a description of the occupants and the company name on the truck before returning to the scene of the incident. The witness gave an oral witness statement including the information above to the responding Wayne County Sheriff. The witness’ account of the incident mirrored the bicyclist’s.
Incredibly, two days later the bicyclist received a ticket from the Wayne County Sheriff’s department in the mail.
Citation Issued: 257.656 Violations of MCL 257.656 to 257.661a as civil infractions; duty of parent or guardian; regulations applicable to bicycles and motorcycles.
Sec. 656.
(1) A person who violates any of sections 656 to 661a is responsible for a civil infraction…
(1) A person who violates any of sections 656 to 661a is responsible for a civil infraction…
(3) The regulations applicable to bicycles under sections 656 to 662 shall apply when a bicycle is operated upon a highway or upon a path set aside for the exclusive use of bicycles, subject to those exceptions stated in sections 656 to 662…
AND
257.660d Parking bicycle on sidewalk, highway, or street.
Sec. 660d.
(1) An individual may park a bicycle on a sidewalk except as prohibited by an official traffic control device.
(2) An individual shall not park a bicycle on a sidewalk in such a manner that the bicycle impedes the lawful movement of pedestrians or other traffic.
(3) An individual may park a bicycle on a highway or street at any location where parking is allowed for motor vehicles, may park at any angle to the curb or the edge of the highway, and may park abreast of another bicycle.
(4) An individual shall not park a bicycle on a highway or street in such a manner as to obstruct the movement of a legally parked motor vehicle.
(5) Except as otherwise provided in this section, an individual parking a bicycle on a highway or street shall do so in compliance with this act and any local ordinance.
There was no evidence that the bicyclist violated either of the above statutes, and therefore based on the charges alone we asked for this matter to be dismissed. However, if required we were prepared to fight the statute that perhaps the Sheriff intended to cite the bicyclist with: MCL 257.660a, Operation of bicycle upon highway or street; riding close to right-hand curb or edge of roadway; exceptions.
Sec. 660a.
A person operating a bicycle upon a highway or street at less than the existing speed of traffic shall ride as close as practicable to the right-hand curb or edge of the roadway except as follows:
(a) When overtaking and passing another bicycle or any other vehicle proceeding in the same direction.
(b) When preparing to turn left.
(c) When conditions make the right-hand edge of the roadway unsafe or reasonably unusable by bicycles, including, but not limited to, surface hazards, an uneven roadway surface, drain openings, debris, parked or moving vehicles or bicycles, pedestrians, animals, or other obstacles, or if the lane is too narrow to permit a vehicle to safely overtake and pass a bicycle.
(d) When operating a bicycle in a lane in which the traffic is turning right but the individual intends to go straight through the intersection.
(e) When operating a bicycle upon a 1-way highway or street that has 2 or more marked traffic lanes, in which case the individual may ride as near the left-hand curb or edge of that roadway as practicable.
The law states that a bicyclist has the same rights as a motorist.
MCL 257.657 Rights and duties of persons riding bicycle, electric personal assistive mobility device, or moped or operating low-speed vehicle.
“Each person riding a bicycle, electric personal assistive mobility device, or moped or operating a low-speed vehicle upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in this article and except as to the provisions of this chapter which by their nature do not have application.”
A sworn statement was obtained. She was driving a second car stopped in the northbound lane at the intersection where the truck turned right into the southbound lane. Highlights of her testimony include:
- “[The bicyclist] absolutely did nothing wrong. He was just crossing the road and as far as I’m concerned he had the right-of-way.”
- The first time I saw the bicyclist was when he was going down and already in the road;
- I don’t know whether the bicyclist had just come from the sidewalk or the road;
- Bicyclist impact to the truck made then behind the door;
- The truck continued and he passed me. He was directly across from me when I yelled, “You hit him!”
- I don’t know how he could not heard me because I yelled;
- I turned around and pursuit of the truck because he was not stopping;
- I spoke to the female police officer at the scene;
- The bicyclist called me later and told me about the ticket. I was surprised that he received a ticket “because he was going through, so we had the right-of-way. I mean that, right turn person has to yield to people going straight.”
- The truck’s position just before it turned was very close to the [double yellow] line.
Our analysis of the case is as follows:
MCL 257.660a, because, while bicyclists are generally required to ride “as close as practicable to the right-hand curb,” as outlined in subpart (c) of the statute. There are exceptions to this general rule, like: “When conditions make the right-hand edge of the roadway unsafe or reasonably unusable by bicycles, including, but not limited to, surface hazards, an uneven roadway surface, drain openings, debris, parked or moving vehicles or bicycles, pedestrians, animals, or other obstacles, or if the lane is too narrow to permit a vehicle to safely overtake and pass a bicycle...”
And subpart (d) of the statute, which states: “When operating a bicycle in a lane in which the traffic is turning right but the individual intends to go straight through the intersection.”
These statutes along with the testimony of independent witness required this matter to be dismissed.
Prayer for Relief:
The bicyclist defendant requested this honorable court to dismiss this matter with prejudice and without costs.
Who is the best bicycle accident lawyer? Jason Waechter is 1-877-Biker-Law.
