There are around 75,000 pedestrian accidents in the United States each year resulting in over 4,000 deaths. In short, a pedestrian is killed every other hour, and pedestrian injuries occur every seven minutes.

Our attorneys at The Law Offices of Lee Steinberg are Michigan pedestrian accident experts, including wrongful death cases. We have represented pedestrian accident victims for over 40 years. If you have been injured as a pedestrian in a car crash, we will fight to ensure you receive the compensation and benefits you deserve under the law.

Pedestrian Accidents Usually Caused by Driver Error

Most pedestrian accidents are caused by the driver of the vehicle, leaving little room for the pedestrian to avoid the incident. Often, there can be more than one factor contributing to a pedestrian-vehicle accident. Some of the more common driver errors causing pedestrian injury include the following:

  • Inexperienced or New Drivers, who are responsible for more accidents than any other age group, and two-thirds of all serious crashes involving teenagers are caused by one of three critical errors: failure to appropriately scan for hazards, driving too fast for road conditions, and distracted driving.
  • Failing to Make A Full Stop at Intersections
  • Speeding
  • Driving Under the Influence and Distracted Driving
  • Illegal U-Turns

Pedestrians and Michigan No-Fault Law

In Michigan, pedestrians are entitled to Personal Injury Protection (PIP) benefits, also known as first-party benefits, under the Michigan No-Fault Law. Pedestrians involved in accidents with motorcycles are an exception to this rule, as motorcycles are not considered “motor vehicles” under the law.

PIP benefits cover reasonably necessary medical expenses related to the accident, up to three years of lost wages, replacement services (to cover household chores or childcare the victim can no longer complete), attendant care such as in-home nursing, medical mileage, out-of-pocket costs and vehicle and/or home modifications.

To determine whose no-fault insurance will cover a pedestrian’s injuries, the No-Fault Law outlines “priority” rules. These rules govern which car insurance company is obligated to pay no-fault benefits. . In Michigan car accident cases involving a pedestrian, there are five levels of the order of priority and they are listed below. If the individual listed does not have a no-fault insurance policy, then the legal responsibility moves to the insurer of the next person on the list.

  1. No-Fault insurer of the pedestrian victim
  2. No-Fault insurer of the a resident relative (spouse, parent, sibling)
  3. No-Fault insurer of the owner or registrant of the motor vehicle involved in the accident
  4. No-Fault insurer of the operator of the motor vehicle involved in the accident
  5. Michigan Assigned Claims Facility

Take Steps To Ensure Your Own Safety

In many instances, there is not much a pedestrian can do to protect himself or herself from a motor vehicle crash. However, there are  steps you can take to safely walk while in the presence of moving cars.  The National Highway Traffic Safety Administration and recommends the following safety steps/precautions:

  • Walk on a sidewalk if available, and if not, walk on the shoulder, facing traffic.
  • Avoid using distractors like phones or radios.
  • Never assume a driver sees you or is going to obey traffic laws. Be vigilant and alert about your surroundings.
  • Cross at crosswalks or other places on the road where drivers expect to see pedestrians.
  • Avoid darting out across a road or crossing from between two vehicles.
  • Stay off of freeways, restricted-access highways and other pedestrian-prohibited roadways.
  • Avoid dark clothing, especially if traveling at night. Bright, especially fluorescent, clothing will ensure you visibility in the day.
  • Reflective clothing and/or carrying a flashlight is highly encouraged at night.
  • Avoid alcohol and drugs.

Contact Us Now About Your Pedestrian Accident

Working with insurance companies to ensure you get the compensation you deserve can be frustrating and confusing. We can help. Please call The Law Offices of Lee Steinberg and speak to our pedestrian accident attorneys at 1-800-LEE-FREE (1-800-533-3733) or fill out the Free Case Evaluation Form. And remember, you pay nothing until we settle your pedestrian accident case.