Advice for cyclists

RIDING SAFE AND LEGAL DURING THE DARKEST MONTHS

Cold winter temperatures keep many cyclists off their bikes. However, with winter comes more congested highway and roadway traffic and crowded trains. Accordingly, commuting by bicycle is still a good option, but extra precautions do need to be taken. Cyclists should remember to layer for warmth, keep an eye out for ice or slippery road conditions (particularly on bridges) and to make yourself visible when riding in the dark.

Illinois law requires bicycles to be sold with reflectors visible from the front, rear, and sides. Also, all bikes sold must have reflectors on the pedals which are visible from the front and rear. However, reflectors are not adequate for night riding/riding in the dark. In fact, Illinois law requires a cyclist riding at nighttime to equip his/her bicycle with:

1. a lamp on the front of the bike which emits a white light visible from a distance of at least 500 feet to the front
2. a red reflector on the rear.

This said, it is highly recommended that cyclists go beyond what the law requires and utilize reflectors and lights to make themselves as visible as possible at night. A disproportionate number of automobile/bicycle accidents occur at night. Further, motorists are less likely to be looking for bikes during the winter months. Accordingly, regardless of what the law requires it is a good idea to make yourself stand out on the road. The law that requires a light on the front of a bike and a reflector on the rear also states, "a lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector." Flashing red lights can be purchased at most bike shops and running shops. They often can be clipped to backpacks, messenger bags, helmets, jackets, or seat bags. A great new product is the Beetle Light, made by Knog (knog.com). They are sold as a pair of LEDs that are contained in a rubber band like casing. A white LED stretches around the bicycles handle bars, satisfying the legal requirements for the front light. The red LED stretches around the seat post, making the bike far more visible than an ordinary reflector. Additionally, the lights can be set to remain constantly lit or flash like a strobe. The Beetle Lights are ideal for commuters due to the fact they are easy to take on and off of your bike, are light weight, and are small enough to fit in your pocket.

So, don't let a little cold weather stop you from riding, but make sure to take a few extra steps to stay safe and prevent accidents.

 

RECOMMENDED INSURANCE FOR MICHIGAN CYCLISTS

Purchasing the right insurance is essential for Michigan cyclists to protect themselves in case they sustain an injury in an accident. Since most bicycle accidents which result in serious injuries involve an automobile, it is essential for cyclist (who own or do not own a car) to purchase the correct automobile insurance coverage.

Michigan has a unique system of automobile insurance system that is usually referred to as the Michigan No-Fault Automobile Insurance Act. The law creates a system where certain insurance benefits are payable to a person injured in an accident, regardless of whether they are at fault for the accident. These benefits are available to a cyclist who has sustained an injury in a cycling accident, which involves an automobile, even if the cyclist does not have a car or automobile insurance, as long as the cyclist is a Michigan resident, OR the accident happens in the Michigan.

The benefits available under the Michigan No-Fault Act are generally broken into four categories and are summarized as follows:

1. Allowable expenses - Often referred to as "medical coverage" due to the fact it allows for the payment of medical bills, this broad benefit actually includes the payment of far more than just medical bills. The statute states that the insurance company is obligated to pay "all reasonable charges for reasonably necessary products, services and accommodations for an injured person\'s care, recovery, or rehabilitation." This law has be interpreted to include medical bills, adaptive vehicles, home modifications, medical equipment and supplies, transportation and/or mileage reimbursement for trips to/from medical appointments and therapy, guardian and conservator fees, and many other expenses related to the care of a person who suffers an injury. This benefit is available for life.
   
   
2. Wage Loss – An injured person is entitled to be paid 85% of their gross wage, up to a monthly maximum that is adjusted annually. The current monthly maximum is $4,948. This benefit is available for three years from the date of the accident.
   
   
3. Replacement Services – These are domestic type chores that an injured person would have provided for himself/herself, if not for his/her injury. Examples include laundry, lawn/garden maintenance, snow removal, or cleaning the house/apartment. This benefit is limited to $20 per day and is available for three years from the date of the accident.
   
   
4. Survivors Loss – These are benefits payable to the family of an individual who suffers fatal injuries as the result of an accident involving an automobile. They include reimbursement of funeral and burial expenses and payment of wages and other financial contributions that the decedent would have made to his family, had the fatal accident not occurred.

As stated earlier, these benefits are available, even if the injured cyclist (or pedestrian) is not insured under a Michigan automobile insurance policy, provided: 1) the accident involves an automobile (note – contact with the car is not necessary) and, 2) the injured cyclist is a Michigan resident or the accident occurs in the State of Michigan. If these criteria are met, the next step is to identify the appropriate insurer. This is done by following a priority of insurance scheme in the no-fault statute.

There are other very important benefits which are only available if they are purchased – these include uninsured motorist benefits and underinsured motorist benefits. These benefits are important because the drivers that are the most likely to cause an accident tend to be uninsured or underinsured.

Uninsured motorist coverage provides insurance that allows an injured person that is stuck by an uninsured driver to make a claim against their own insurance company for all damages to which they would be entitled against an uninsured motorist, as a result of the accident. Uninsured motorist coverage can typically be purchased with liability limits (coverage) of $100,000, $500,000, $1,000,000, or more. Underinsured motorist coverage provides insurance which allows an injured person who is struck by a motorist without enough insurance coverage to fully compensate the injured person for their injuries to bring a claim against their own insurance company for the damages not covered in the claim against the motorist who was at fault for the accident.

Even though Michigan has a no-fault insurance system, a cyclist who is struck by a car or truck can still bring a claim against the driver that causes an accident (and the owner of the vehicle) if they have an injury that meets one of the following criteria: 1) serious impairment of a body function, 2) serious permanent disfigurement, or 3) death. If so, a lawsuit can be filed against an at fault motorist for damages not covered by the no-fault benefits, such as pain and suffering caused by the injury. However, the State of Michigan only requires motorists to carry liability insurance with a minimum amount of $20,000. Additionally, many of the most dangerous motorists on the road ignore the law and drive without any insurance. For this reason, it is important for cyclists to include uninsured and underinsured motorist coverage on their automobile insurance policies. This insurance coverage is not mandatory in Michigan and therefore, is not offered by all insurers. This cov erage is a relatively inexpensive addition to standard policies and, in my opinion, is well worth the price.

When purchasing uninsured or underinsured motorist insurance (or any insurance), it is important to read the policy. Some automobile insurance companies actually write policies which exclude individuals from making a claim for uninsured or underinsured motorist benefits if they are injured while riding a bicycle.
If you are a cyclist who doesn’t own a car, this insurance still can and should be purchased. This is accomplished by purchasing something called a “non-owners” auto insurance policy, which is available from many insurers.

Homeowners or renters insurance will likely provide coverage for damage to your bike if you are involved in a crash. It may also provide coverage for any harm you cause if are at fault for the crash and/or harm to other people or property.

For more information regarding insurance issues for injured cyclists, feel free to contact Bryan Waldman directly at 312-516-1119.

 

RECOMMENDED INSURANCE FOR ILLINOIS CYCLISTS

There are two types of insurance cyclists should consider so they are protected in the event of an accident: 1) automobile insurance, and 2) homeowners insurance. Both can provide essential coverage if you sustain an injury in a bicycle accident.

The first type of insurance is automobile insurance. This insurance is necessary because most cycling related injuries are the result of accidents with motorists.

In Illinois, a cyclist who is struck by a car or truck is treated as a pedestrian. This means, a lawsuit can be filed against the at fault motorist for damages including medical expenses, wage loss, and pain and suffering caused by the injury. However, the State of Illinois only requires motorists to carry liability insurance for $20,000. Additionally, many of the most dangerous motorists on the road drive without any insurance. For this reason, it is important for cyclists to include uninsured and underinsured motorist coverage on their automobile insurance policies. This insurance coverage must be offered by insurers in Illinois, but it is not mandatory that the coverage be purchased. This coverage is a relatively inexpensive addition to standard policies and, in my opinion, is well worth the price.

Uninsured motorist coverage provides insurance that allows an injured person that is stuck by an uninsured driver to make a claim against their own insurance company for all damages to which they are entitled against an uninsured motorist, as a result of the accident. Uninsured motorist coverage can typically be purchased with liability limits (coverage) of $100,000, $500,000, $1,000,000, or more.

Underinsured motorist coverage provides insurance which allows an injured person who is struck by a motorist without enough insurance coverage to fully compensate the injured person for their injuries to bring a claim against their own insurance company for the damages not covered in the claim against the motorist who was at fault for the accident.

When purchasing uninsured or underinsured motorist insurance (or any insurance), it is important to read the policy. Some automobile insurance companies actually write policies which exclude individuals from making a claim for uninsured or underinsured motorist benefits if they are injured while riding a bicycle!!!

If you are a cyclist who doesn’t own a car, this insurance still can and should be purchased. This is accomplished by purchasing something called a “non-owners” auto insurance policy, which is available from many insurers.

Homeowners or renters insurance will likely provide coverage for damage to your bike if you are involved in a crash. It may also provide coverage for any harm you cause if are at fault for the crash and/or harm to other people or property.

For more information regarding insurance issues for injured cyclists, feel free to contact Bryan Waldman directly at 312-516-1119.