This is a Trial Brief for a bicycle accident case where the police officer issued a citation to the victim of the accident. Evidence, witnesses and law support our client. We fought this in court. 

DEFENDANT’S TRIAL BRIEF       

        NOW COMES the BICYCLIST , by and through his attorney JASON A. WAECHTER and states as follows for his trial brief:

            The most important statute to bring to the Court’s attention would be:

MCL 257.657 “Each person riding a bicycle… has all of the rights…. applicable to the driver of a vehicle…

The most important sworn testimony from the independent witness is:

“[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.”

Background: Bicyclist  – is approximately 50 years old and works as an executive at a major corporation doing business in the state of Michigan. He’s lived in Northville Township Michigan over 15 years and is an avid bicyclist.

On September 24, 20 he was riding his bicycle during daylight hours on eastbound Hines Drive just approaching Northville Road. The mouth of eastbound Heinz drive just before Northville Road widen slightly, but there is not a dedicated right turn Lane (See attached satellite image of same).

At the time there was a large stake truck, a Ford F-50 super duty (see attached), with a driver and a passenger. The passenger window was open. While Mr. Bicyclist ’s front bicycle tire entered the intersection, suddenly and without warning in the driver of the stake truck made an abrupt right turn from the through Lane.

The stake truck failed to signal or warn in any way that it was turning right.  The bicyclist struck the front quarter panel and passenger door of the subject truck and screamed. Basically, Mr. Bicyclist ’s face was at the passenger’s open window yelling. The truck continued its turn hearing to the left, alter the making a wide turn onto southbound Northville Road and on top of the double yellow line separating the lanes for it.

The driver of the pickup truck paused and then continued. A good Samaritan and witness to all of this chased down the pickup truck obtained its license plate, a description of the occupants and company name and return to the scene of the incident. The witnesses name is Donna , she gave this information and an oral witness statement to the responding Wayne County Sheriff. Ms. Witness version of the incident mirrored the bicyclists.

Two days later in the mail Mr. Bicyclist , unbelievably received the subject citation.

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…

(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.

            ARGUMENT: There will be no evidence that the defendant Bicyclist violated either of the above statutes.  And therefore based on the charges alone we ask for this matter to be dismissed. However, if required we are prepared to fight the statute that perhaps the Sheriff intended to cite him with MCL 257.660a:

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.

LAW

BICYCLIST HAS SAME RIGHTS AS 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.” (Emphasis added)

EXCULPATORY SWORN WITNESS STATEMENT

           A sworn statement was obtained from DONNA  (see attached).  She was driving the second car stopped on northbound Northville Road at Hines Drive.  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 were the road;

-  Bicyclist impact to the truck made then behind the door;

-  The truck continued on 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 [for Hines Drive].

ANALYSIS

MCL 257.660a, because, while cyclists 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:

“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:

           “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 Rodgers require this matter to be dismissed.

Prayer for Relief:

           Defendant Bicyclist  request this honorable court to dismiss this matter with prejudice and without costs.

                                                                      Respectfully submitted,

                                                          ________________________________

JASON A. WAECHTER  (P467651)

Dated:  November 6, 20

*Notice/disclaimer: The above depends on the facts and laws in your particular jurisdiction.  We cannot guarantee a certain result. Jason Waechter is a licensed Michigan attorney who has a relationship and association with lawyers in each state that specialize in handling bicycle accident injury and fatality cases. Should you need specific advice or should the facts of your situation require investigation or a lawsuit, you will be referred to one of these experienced lawyers or firms. For dog bite lawsuit information visit the dog bite lawyer. Waechter is proud to have been chosen a Top 100 Trial Lawyer in Michigan. Should you be referred to another attorney or law firm there will be a division of fees between our firm and the other firm who is working on the case—our affiliate or associating firm. Sitemap | Michigan - Oakland County: Southfield | Wayne County: Detroit | Kent County: Grand Rapids