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.
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.
On the day in question, 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 truck with a driver and passenger was travelling along the same road in the same direction at the same time. The passenger's 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. A witness also started yelling “You hit him! You hit him!” at the driver. The truck continued its turn, paused, and then continued. The 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. The witness gave a statement 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. Jason specializes in all vehicle negligence cases, and as soon as he heard the details of this case he knew the bicyclist had not violated either of the statutes under which he was being cited (MCL 257.656 to 257.661a and MCL 257.660d). When he spoke to the bicyclist, it was obvious that the truck driver was the one responsible for the crash. Jason went to bat for this cyclist and got all the charges against him dismissed.
“Having handled thousands of vehicle negligence cases, I know that there are a few key things you need to do in order to win a bicycle accident injury case like this here in Michigan, says Jason. For example:
• 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.
“Cases like this really leave me scratching my head,” Jason says. “How a bicyclist could be charged after being hit by a truck is beyond me. I was happy to help this client get all his charges dismissed and move on with his life.”
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Attorneys Jason Waechter and Sean Murphy are Michigan attorneys specializing in the area of bicycle accident and personal injury litigation. Waechter's firm has collected millions of dollard in settlements, awards and verdicts for his clients over the past 20 years. As well as contributing significantly to safety education and accident prevention.
If you or your loved one have been involved in a bicycle accident, call us for help! 1-800-708-5433
