Pedestrian Accident Attorney in Michigan
Sharing the road is important. There are all sorts of vehicles grabbing a piece of it. But these drivers have an obligation to those most at risk: pedestrians. It is vital to keep the safety of those outside of vehicles in mind because if an accident occurs, the consequences for the pedestrians injured will be the most dire. In fact, according to the NHTSA, 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.
Michigan Auto-Pedestrian Injuries
In accidents like this, injuries are often suffered when the vehicle strikes the pedestrian. But they also suffer at the secondary point of impact – that is, when the pedestrian hits the ground or another object as a result of the collision. Here are injuries seen from pedestrians being hit by cars:
- Lacerations
- Bruises
- Broken bones
- Brain injuries – concussions, swelling, hemorrhaging, blood clots
- Spinal cord injuries
- Internal injuries
- Fractures and breaks to the lower body where impact occurred – tibia, femur, pelvis, etc.
Michigan Pedestrian Accidents Usually Caused by Driver Error
Most pedestrian accidents are caused by inattentive drivers who fail to paying attention to the road and their surroundings. Usually, there are multiple contributing to a pedestrian-vehicle accident. Some of the more common driver errors causing pedestrian injuries include:
- Failing to Make A Full Stop at Intersections
- Speeding
- Drunk Driving or Driving While Impaired
- Distracted Driving
- Illegal U-Turns
- Texting and driving
- Turning through a crosswalk without looking
- Running a red light
- Poor visibility due to weather conditions or obstacles such as parked cars
Inexperienced or new drivers are responsible for more accidents than any other age group. In fact, two-thirds of all serious crashes involving teenagers are caused by failing to appropriately scan for hazards, driving too fast for road conditions, and distracted driving.
What to do if you’re involved in a Michigan pedestrian accident?
- Call the police
- DO NOT leave the scene before the police arrive
- Get witness information
- Get medical treatment
After a crash, if possible, move anyone who is injured or in harms way away from traffic. Do not administer medical treatment unless it is necessary for emergency CPR. Get help – call 911 and stay on the scene until the police and ambulance arrive.
It is important to exchange contact information with the other people involved. Make sure to get their full name, phone number, and insurance information. With your cell phone, take pictures of the vehicle damage of the cars involved. Also, take pictures of bruising or any injuries you sustain.
After receiving medical treatment, contact a Michigan pedestrian accident lawyer to obtain advice and explore your options.
Who Pays My Medical Bills After a Pedestrian Crash?
Under Michigan law, if a motor vehicle – such as a car or truck – was involved in causing injuries, you are entitled to receive Michigan no-fault benefits. This is true even if you don’t own a car or have any auto insurance.
To determine which no-fault insurance pays for a pedestrian’s injuries, the Michigan 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 pedestrians have three levels of priority. 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.
- No-Fault insurer of the pedestrian victim
- No-Fault insurer of a resident relative of the pedestrian (spouse, parent, sibling)
- Michigan Assigned Claims Plan (MACP)
A Michigan pedestrian accident lawyer can help you fill out the proper paperwork so you can start receiving first-party, no-fault benefits.
Michigan Pedestrians and Michigan No-Fault Law
In Michigan, pedestrians are entitled to Personal Injury Protection (PIP) benefits, also known as first-party benefits. Pedestrians involved in accidents with motorcycles are an exception to this rule, as motorcycles are not considered “motor vehicles” under the law.
PIP benefits include medical expenses related to the accident, lost wages for up to 3 years, 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, vehicle and/or home modifications and other items.
Who is at fault in a pedestrian accident?
The individual who fails to act within a reasonable standard of care is considered the at-fault, or negligent party. Sometimes, the driver and pedestrian can both be regarded as negligent. For instance, if a driver is speeding and strikes a pedestrian who is jaywalking, a jury can find both of them responsible. In Michigan, to receive pain and suffering compensation, a plaintiff must prove the defendant driver was at least 50% at-fault for causing their injuries.
The police report will assert who is at fault, but it is not the final word. An experienced Michigan pedestrian accident injury lawyer will investigate their client’s case in detail to find the truth and deliver justice.
How Do I Prove Negligence?
Negligence is the failure to exercise the degree of care that a reasonably prudent person would exercise under the same or similar circumstances. For example, if a driver runs a stop sign and strikes a pedestrian in a crosswalk, their actions are not reasonable. The driver is negligent. Courts and juries consider numerous factors when determining negligence. A few that can help prove driver negligence are:
- Speeding
- Distracted driving – texting, eating, applying makeup, playing with the radio, etc.
- Failure to yield
- Disobeying or ignoring traffic signals
- Driving under the influence of drugs or alcohol
- Driving in a way not conducive to the weather conditions
Drivers have a higher duty of care towards children, as they are the demographic most at risk of being struck by a vehicle. Drivers must be wary in areas with high concentrations of children, such as schools, playgrounds, and neighborhoods.
On the flip side, pedestrians can be considered negligent as well. It can be ruled that they contributed to their injuries and are not entitled to a full settlement. Pedestrian negligence can arise from:
- Ignoring crosswalk signals
- Failing to use crosswalks – jaywalking
- Appearing in front of a vehicle, not giving the vehicle time to stop
- Disrupting the flow of traffic
- Not using the sidewalk
- Walking while intoxicated
Drivers are unlikely to be charged with anything if the pedestrian was intoxicated.
What are Common Sources of Evidence in a Car Accident Case?
There are numerous sources of evidence that lawyers, police and investigators will review to determine the cause of a car accident and the harm the crash caused the pedestrian. They include:
- Medical Records – Ensure you have all information from any treatment you received. This creates an unbreakable link between the accident and the injuries sustained.
- Medical bills – These will back up your medical records and are used in conjunction with other factors to determine your settlement.
- Police report – This can be great evidence for you. It should include diagrams and the officer’s impression of who was responsible for the accident. It lists any tickets that were doled out, evidence that courts find very compelling. The police report will also include information from witnesses.
- Pictures – Make sure you document everything with pictures. It will help corroborate your story.
- Witnesses – Those who saw the accident from a different vantage point can provide important evidence in your favor.
- Other party statements– If the other party admits fault or makes a statement like “I didn’t see you” shortly after the crash, this can be used against them. Make sure you document it.
- Clothes – This is often overlooked. Your clothes may have paint or marks on them that can help your case, especially if you are seriously injured.
- Motor vehicle handbook – This lists state laws that can be pointed out to prove the driver was in violation. It can be found online.
What compensation am I entitled to if I am in a Pedestrian Accident in Michigan?
If you are injured in a pedestrian accident, you have a case for medical bills, lost income, and pain and suffering, and you should consider contacting a pedestrian accident attorney. If you have lost a loved one, you are also entitled to wrongful death which, in addition to everything already listed, covers funeral and burial expenses and loss of consortium.
- Medical bills – include hospital bills and any ongoing treatment
- Lost Income – will the injured party have to miss work? If they are severely injured or killed, potential future earnings will have to be calculated.
- Pain and suffering (emotional trauma)
- Loss of enjoyment of life – are there any hobbies the injured pedestrian can no longer participate in, such as golf, swimming, or picking up their grandkids?
Avoiding Michigan pedestrian accidents
Of course, the best way to handle a pedestrian accident is by avoiding it in the first place! Defensive driving means that you are aware of your surroundings at all times, including other vehicles and any pedestrians who enter the area you are driving. Be extra cautious in school zones and other places with children, as they tend to dart out. Obey speed limits and exercise caution when making turns in cities, as there are usually a higher number of pedestrians. Pedestrians are the most vulnerable and it is your duty as a driver to be cognizant and responsible.
Pedestrians can also do their part. 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 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 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 your visibility in the day.
- Reflective clothing and/or carrying a flashlight are highly encouraged at night.
- Avoid alcohol and drugs.
Other pedestrian accidents
Not all pedestrian accidents involve vehicles. Premises liability imposes a standard of safety that property owners must uphold. If the owner knew about a dangerous condition and failed to rectify it, they may be liable for any incidents that may then occur. A common example would be a slip and fall case. To learn more about these and other types of pedestrian accidents, visit our personal injury page.
Contact Us, Your Michigan Pedestrian Accident Attorney, Now About Your Pedestrian Accident Case
The injury lawyers at The Lee Steinberg Law Firm are experts in Michigan pedestrian accident. Our law firm has represented pedestrian victims for over 50 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.
Working with insurance companies to ensure you get the compensation you deserve can be frustrating and confusing. We can help. Please call the Lee Steinberg Law Firm and speak to our pedestrian accident attorney for a free consultation at 1-800-LEE-FREE (1-866-511-0594) or fill out the Free Case Evaluation Form. And remember, you pay nothing until we settle your pedestrian accident case.
Frequently Asked Questions about Michigan Pedestrian Car Accidents
Do I walk with or against traffic if there is no sidewalk?
If there is no sidewalk available to use as a pedestrian, then a pedestrian walks facing traffic and stays as far left as possible.
What do I do if the “Don’t Walk” signal appears and I’m still crossing the street?
If the “Don’t Walk” signal appears, and you are still in the process of crossing the street, you should continue to cross and proceed to a sidewalk or safety island.
As a driver, do I always have to yield to pedestrians?
If a pedestrian is in a crosswalk, drivers must always yield the right-of-way. But in general, drivers are required to yield the right-of-way in all instances to avoid a crash.
Does it matter if I wasn’t walking in a crosswalk?
Not necessarily. You may still recover no-fault benefits regardless of where you were walking at the time of the accident. For pain and suffering claims, your location may affect fault apportionment, but it doesn’t automatically bar recovery.
What if the driver fled the scene (hit-and-run)?
If the driver is never found, you may still recover PIP benefits through your own policy or the MACP. For pain and suffering compensation, you may also be covered under uninsured motorist (UM) provisions of your own insurance.
How long do I have to file a claim after a pedestrian accident?
No-Fault PIP claims: You must give notice and apply for benefits within one year of the accident.
Negligence lawsuits: You generally have three years from the accident date to file a lawsuit against the at-fault driver and owner.