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Bicycle Accident Victim Suffered Serious Impairment of Body Function

The Michigan Court of Appeals has recently found that injuries sustained by a car accident victim, who was struck by a driver while he was riding his bicycle, were a serious impairment of a body function, as the injuries affected his general ability to lead his normal life.

To recover for tort liability, a car accident victim in Michigan must show that he or she suffered a “serious impairment of a body function,” which means an objectively manifested impairment of an important body function that affects the person’s general ability to lead his or her normal life. M.C.L. 500.3135(7). The Michigan Court of Appeals explained that, the evidence concerning car accident victim’s back and wrist injuries, and the way these injuries affected his post-accident lifestyle, was sufficient to establish a serious impairment of body function.

Plaintiff testified that his participation in hunting and fishing, and his involvement in other athletic and recreational activities, which were a significant part of his life before the accident, was severely curtailed and restricted because of the physical limitations from his injuries. He still rode his bicycle, but only for shorter distances. He tried to resume his lawn maintenance chores, but was not able to do so because of the pain and he had to hire a lawn service. Plaintiff testified that his physical activities were an important part of his life and his identity. Plaintiff’s son testified that plaintiff’s stamina for fishing and hunting was sharply reduced, causing him to feel frustrated and left out.

Click here to read the full opinion.

If you have suffered injuries in a Michigan car, motorcycle or truck accident, it is very important that you consult with an expert Michigan car accident lawyer. Determining whether you have suffered one of the threshold injuries to be able to bring a lawsuit for tort liability is something only an expert Michigan auto accident attorney can properly evaluate.

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