If you heard about this crash and you’re searching for answers — maybe because your own child was hurt, or because you know this family — you’re not alone. This is exactly the kind of moment when the legal system feels overwhelming, and you deserve a straight explanation of what your rights actually are.
According to ClickOnDetroit | WDIV Local 4, a car struck two children riding an e-bike in Redford Township — a community in western Wayne County, just outside Detroit city limits. One of the children, a 13-year-old, was left unresponsive at the scene. The details are still developing, but cases like this raise immediate legal questions that families need answered fast.
What Happens Legally When a Car Hits a Child on an E-Bike in Michigan
Michigan’s roads were built for cars, but children on bikes — including e-bikes — have legal rights on those roads. When a driver hits a child, several areas of law come into play at once.
Michigan’s No-Fault System Still Applies
Michigan is a no-fault state. That means the injured person’s own insurance — specifically their Personal Injury Protection (PIP) coverage — pays for medical bills and some lost wages first, regardless of who caused the crash. Under MCL 500.3107, PIP covers “all reasonable charges incurred for reasonably necessary products, services and accommodations for an injured person’s care, recovery, or rehabilitation.”
For a child who doesn’t own a car, PIP coverage typically comes from a parent’s or guardian’s auto insurance policy. If neither parent has auto insurance, Michigan’s Assigned Claims Plan may provide coverage. This matters because the medical bills in a serious traumatic brain injury case can reach hundreds of thousands of dollars quickly.
When Can You Sue the Driver?
No-fault doesn’t mean the driver gets away with it. Under MCL 500.3135, you can bring a lawsuit against the at-fault driver for non-economic damages — pain, suffering, and loss of quality of life — if the injured person suffered a “serious impairment of body function” or a “permanent serious disfigurement.”
A 13-year-old left unresponsive after being struck by a car almost certainly meets that threshold. Brain injuries, spinal injuries, and extended unconsciousness are exactly what this statute was designed to address.
E-Bikes Are Treated Differently Than Regular Bicycles
This is where many families get surprised. Michigan law divides e-bikes into three classes based on speed and motor type. Depending on the class, an e-bike may be treated more like a bicycle or more like a moped. Our earlier breakdown of e-bike injury cases in metro Detroit covers how these classifications affect your insurance claim and your right to sue.
Age also matters. A 13-year-old on a Class 3 e-bike, for example, may be legally prohibited from operating it on certain roads. If the child was on a bike that was legal for their age and the road they were on, that strengthens the family’s position. If there are questions about legality, an attorney can still build a case — drivers still owe a duty of care to all road users.
The Statute of Limitations: Don’t Wait
Under MCL 600.5805(2), the general deadline to file a personal injury lawsuit in Michigan is three years from the date of the accident. For minors, Michigan law typically tolls — pauses — that clock until the child turns 18. So a 13-year-old injured today generally has until age 21 to file.
But don’t treat that as a reason to wait. Evidence disappears. Witnesses move. Surveillance footage gets overwritten, often within days. The steps you take immediately after an injury can shape everything that comes after.
What Families Should Do Right Now
If your child was hurt in this kind of crash, or if you’re close to a family that was, here’s what matters in the days and weeks ahead:
- Get the police report number and request a copy as soon as it’s available.
- Photograph the scene, the e-bike, and any visible injuries — even from a hospital bed, photos matter.
- Write down everything you remember: time, location, direction of travel, what the driver said, weather conditions.
- Do not give a recorded statement to any insurance company — yours or theirs — before speaking with an attorney.
- Ask the hospital to document every diagnosis, every procedure, and every specialist referral in writing.
- Keep a daily log of the child’s symptoms, pain level, and any changes in behavior or cognition.
Insurance adjusters move quickly after crashes involving children. They’re trained to call families early, when emotions are raw, and to settle fast — before the full scope of a brain injury is known. Dealing with insurance companies after a serious accident requires patience and legal guidance, not a quick phone conversation.
Brain Injuries in Children: Why the Stakes Are Higher
According to CDC data on traumatic brain injury, children and adolescents are among the most vulnerable populations for long-term TBI consequences. A brain that’s still developing when it’s injured faces risks that don’t apply the same way to adults — cognitive delays, personality changes, learning disabilities, and seizure disorders can emerge months or even years after the initial trauma.
That’s why settling a child’s injury case too early is so dangerous. A settlement signed before the full picture is clear can waive the family’s right to seek more compensation later — even if the child’s condition worsens significantly. Michigan courts do require court approval for settlements on behalf of minors, which offers some protection, but having an attorney who understands pediatric injury cases is still the difference-maker.
Redford Township sits along Grand River Avenue and Plymouth Road — both busy corridors with heavy traffic and limited protected bike infrastructure. For context on where children and cyclists face the most danger across the state, Michigan’s five-year crash analysis for pedestrians and cyclists shows how Wayne County consistently ranks among the highest-risk areas.
What If the Child Dies?
If a child injured in a crash does not survive, the family may have a wrongful death claim under Michigan’s Wrongful Death Act, MCL 600.2922. This allows surviving family members to seek compensation for loss of companionship, grief, and other damages. These cases are handled differently than standard injury claims, and the deadlines and procedures are specific. If you’re facing this possibility, contact an attorney immediately — not next week.
Our attorneys have handled serious bicycle accident cases across Wayne, Macomb, and Oakland Counties. You can learn more about how Michigan bicycle accident claims work and what to expect from the process.
Frequently Asked Questions
Does Michigan’s no-fault law cover a child hurt on an e-bike?
Yes, in most cases. PIP benefits from a parent or guardian’s auto policy typically extend to a child in the household who is injured in a crash — including crashes involving bicycles and e-bikes. If there’s no household auto policy, Michigan’s Assigned Claims Plan is a fallback option. An attorney can help identify every available source of coverage.
Can we sue the driver even in a no-fault state?
Yes. Michigan’s no-fault law limits certain lawsuits but doesn’t eliminate them. If the child suffered a serious impairment of body function — and an unresponsive child almost certainly meets that standard — the family can sue the at-fault driver for pain, suffering, and other non-economic damages under MCL 500.3135.
The police report isn’t done yet. Should we still call a lawyer?
Call before the report is done. Evidence collection starts immediately, and a lawyer can send preservation letters to ensure dashcam footage, traffic cameras, and physical evidence aren’t lost. You don’t need a police report in hand to start the legal process.
How long do we have to file a lawsuit in Michigan?
For an adult, it’s three years from the accident date under MCL 600.5805(2). For a minor, the clock is typically paused until the child turns 18, giving them until age 21 to file on their own. But waiting weakens the case — evidence fades, and witnesses become harder to find. The practical answer is: don’t wait.
What if the driver didn’t have insurance?
Michigan still has options. Your own uninsured motorist coverage may apply. The Michigan Assigned Claims Plan may provide PIP benefits. And depending on road conditions, government entities may bear some responsibility. Uninsured driver crashes in the Detroit area involve a different process, but they’re not hopeless.
Can the child’s case be settled while they’re still in the hospital?
Technically, yes — but it shouldn’t be. Insurance companies sometimes approach families early with settlement offers. Signing anything before the child’s prognosis is known can permanently close off the right to more compensation. Any settlement involving a minor also requires court approval in Michigan, which is a safeguard — but it’s not a substitute for having your own attorney review the offer.
If your child was hurt in this crash, or in any bicycle or e-bike accident in the Detroit area, talk to us before you sign anything. Khamo Law, PLLC offers a free consultation — call 248-466-0606 or reach us through the contact form on our site. We serve Wayne, Macomb, and Oakland Counties. نتحدث العربية والكلدانية — إذا كنت تفضل التحدث بلغتك، نحن هنا.