Michigan Halloween Car Accident Lawyer: What Victims Should Know

Halloween is a fun holiday for people of all ages. There is nothing better than going trick-or-treating on a brisk fall evening in Michigan, listening to the leaves break under your feet while collecting an incredible amount of candy for free. Dressing up in costumes and spending time with friends and family make it special. But trick-or-treating presents a mixed bag of challenges and safety concerns for children, their parents, and motorists out on the road.

On average, over 3,000 people go to the emergency department every year on Halloween for injuries. Many of these visits are due to motor vehicle accidents. In addition, October 31 has double the number of pedestrian fatalities compared to the same time frame the week after.

If you or a loved one has been injured in a crash caused by someone driving negligently on Halloween, getting legal help is critical. An experienced Michigan Halloween car accident lawyer can protect your rights, pursue compensation, and fight back against insurance companies that will try to downplay your injuries.

What are the Main Causes of Car Accidents on Halloween

Speeding Drivers

Because of the large number of pedestrians, it is important to drive extra slowly on Halloween. However, people still speed on busy residential streets, causing collisions and injuries.

Jay-Walking

Another major cause of car crashes on Halloween is jaywalking. Children are excited during trick-or-treating. They are focused on getting to the next home to collect candy. This often involves jaywalking or crossing the street without warning. Drivers must drive extra slowly during peak trick-or-treating time.

Distracted and Impaired Drivers

Some adults spend Halloween at parties, where alcohol is involved. According to the Mothers Against Drunk Driving (MADD), nearly 39% of fatal crashes on Halloween night involve a drunk driver. Others may be distracted by navigation systems, phones, or even the Halloween festivities themselves.

Even a slight lapse in focus can have devastating results when children suddenly dart into the street.

Hard-Braking

Analysis by law enforcement and state agencies has demonstrated that hard braking is a major cause of car accidents in Michigan on Halloween. Drivers operating on residential roadways or even busy streets must watch out for children darting out into the street. This can cause the driver to slam on the brakes to prevent a collision, leading to rear-end collisions with other cars.

Michigan Laws Protecting Child Pedestrians

Michigan has strict laws requiring drivers to yield to pedestrians in crosswalks and exercise extra caution when children are present. Under MCL 257.627, an individual must operate a vehicle with care and at a prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface, and width of the highway and of any other condition existing at the time. This means taking pedestrians, especially children, into account.

Michigan Halloween Car Accident Victims – Your Rights and Benefits

Pedestrians injured in a car crash or a truck accident are entitled to the same benefits as drivers of a motor vehicle. This is true even if the injured pedestrian does not have any auto insurance or even owns a car. Under the Michigan no-fault law, so long as the pedestrian was in an accident involving a motor vehicle, they qualify for Michigan no-fault benefits.

This is because under MCL 500.3105, an insurer is liable to pay benefits for accidental bodily injury arising out of the ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle. So what do these benefits include:

• The payment of medical expenses up to the medical limit in the insurance policy or allowed by law.
• 85% of lost wages for up to 3 years from the date of the accident.
• The payment for friends or family completing household chores. These are known as replacement services. The payment is $20 per day for up to 3 years from the date of the accident.
• The payment of attendant care or nursing care to friends, family, or professionals for severely injured victims.
• Home modifications, prescription drug payments, and the payment of out-of-pocket medical costs.

There are rules to determine which auto insurance carrier is responsible for paying your benefits. Contact an experienced Michigan personal injury lawyer to find out more about how the process works.

Determining Fault in a Pedestrian Accident

From a legal perspective, determining fault is one of the most critical steps after a pedestrian accident. In Michigan, liability is based on negligence. This means the party whose careless actions caused the accident can be held responsible. A skilled Michigan car accident lawyer can help investigate the scene, gather evidence, and identify all liable parties to ensure victims receive the compensation they deserve.

Common liable parties include:

• Drivers who were speeding, distracted, or impaired.
• Owners of the negligent car
• Event organizers or property owners, if poor crowd control contributed to unsafe conditions.

Michigan is a modified comparative negligence state, meaning victims can still recover damages so long as the driver was at least 50% at fault for the injuries. However, their compensation will be reduced by the percentage of fault attributable to them. For example, suppose a pedestrian was 25% at fault for failing to cross at a crosswalk. In that case, the total recovery is reduced by 25%.

Drunk Driving

According to the National Highway Transportation Safety Administration (NHTSA), statistics show that over four years, 126 people were killed in drunk driving crashes on Halloween night. In addition, a majority of drunk-driving crashes occur from 6:00 p.m. on October 31 to 6:00 a.m. on November 1. Drivers aged 21 to 34 are responsible for half of the impaired driver accidents that occur on Halloween night.

• Never drive while impaired by any amount of a drug or alcohol. Instead, use rideshare apps like Uber or Lyft, or find a designated driver to take you home.
• Don’t use your phone while driving. You can’t see a pedestrian or slow down to avoid a crash if your eyes are off the road.

Contact an Experienced Car Injury Lawyer in Detroit, Michigan

Halloween auto accidents can change your life in a moment. Still, a great Detroit, Michigan car accident attorney can help you get the compensation you deserve. Call the Michigan Super Lawyers at 1-800-LEE-FREE (1-800-533-3733) today for a free consultation. We have recovered hundreds of millions and aggressively pursue every avenue for our clients.