The Detroit pedestrian accident lawyers at the Lee Steinberg Law Firm understand the devastation caused by a pedestrian car accident. Our team of personal injury lawyers are dedicated to helping injured pedestrians get their medical bills and lost wages paid, as well recovering the most money possible for pain and suffering.
Sharing the road with car, trucks and motorcycles is never danger free. This especially true for pedestrians on Michigan roads and sidewalks. In 2021 7,485 pedestrians were killed by drivers in the United States, which averages to around 20 deaths every day. In Michigan alone there were 1,790 traffic crashes involving pedestrians resulting in 183 fatalities.
Negligent drivers can be held responsible. Our winning team of pedestrian accident injury lawyers specialize in getting insurance benefits paid. Whether the crash occurred at a crosswalk, in the intersection, on the shoulder of the road, or even in the middle of the road, we aggressively pursue each case on behalf of our clients.
If you need help, reach out to one of our Detroit Pedestrian Accident Lawyers today!
The Leading Causes of Pedestrian Accidents in Detroit
Pedestrian accidents occur when a driver is not driving safely and following traffic safety rules. Usually in busy cities like Detroit, they happen when a driver is not paying attention at an intersection and fails to obey a stop sign or traffic light.
A pedestrian accident can happen for any number of reasons. But some of the leading causes include:
- Speeding in area with lots of pedestrian traffic
- Distracted driving
- Running stop signs and red lights
- Making left turns without checking for pedestrians first
- Turning right onto a street without looking
- Pulling out of driveways without checking for pedestrians
- Failing to yield the right of way to pedestrians in crosswalks
- Fatigued driving
- Driving too fast for the given weather conditions, such as snow and ice
- Driving while under the influence of alcohol or drugs
Detroit Pedestrian Accident Statistics
Pedestrian accidents are on the rise across the country, including Michigan. In 2021, there were 183 pedestrian deaths in Michigan. This was the highest ever recorded. In Wayne County alone there were 562 crashes involving pedestrians resulting in 481 injuries.
In 2021, October had the highest number of pedestrian crashes. Tuesdays was the most popular day for pedestrian accidents. The highest percentage of crashes occurred between 6 p.m and 9 p.m. while men made up more than two-thirds of all pedestrian fatalities.
According to the Michigan State Police and the Traffic Crash Reporting System, the highest cause of pedestrian fatalities was due to people not crossing the street at a crosswalk. The next largest cause of pedestrian fatalities was due to driver error at an intersection.
Every year, thousands of pedestrians are killed in motor vehicle accidents. And according to a new report by the Governors Highway Safety Association (GHSA), pedestrian fatalities in the U.S. have reached their highest level in 40 years.
A pedestrian car accident will often result in more severe injuries because pedestrians have nothing to protect their bodies against impact. The force of the impact can result in life-changing injuries, leaving huge medical bills, lost work and permanent injuries. Some of the more common injuries from pedestrian crashes include:
- Broken bones, such as a fractured leg or broken arm
- Low back pain and herniated discs
- Neck pain and headaches
- Traumatic brain injury and concussions
- Facial fractures, skull fractures and closed head injury
- Torn ligaments and torn tendons, especially tears in the knee and shoulder
- Death
When a pedestrian is struck by a car or truck in Detroit, the pedestrian can make a claim for pain and suffering. However, the pedestrian must prove the operator of the vehicle was at-fault for causing the crash. Under Michigan law, if the driver was at least 50% at-fault for causing the crash, then pedestrian may make a claim for non-economic damages, such as pain and suffering and emotional distress.
However, there are certain rules in recovering money for pain and suffering in Michigan. Just because a person is hit by a car while walking does not mean they are entitled to compensation. They must prove a minimum threshold injury. An experienced Detroit pedestrian accident lawyer can assist you in proving this minimum standard.
Though drivers most often bear the blame for pedestrian accidents, there are situations where the pedestrian can be at fault. Pedestrians can be at fault when they:
- Do not cross at a crosswalk or designated crossing area
- Suddenly rush out in front of a vehicle
- Wander into the road while intoxicated
- Ignore traffic signs and signals
- Walk into moving traffic while distracted
If a pedestrian is at fault, it’s important to understand that they are still eligible for Michigan no-fault benefits. Michigan has a no-fault law that allows those injured in an accident to recover benefits even if they are at-fault for causing the crash. So long as a motor vehicle was involved in causing the injury, pedestrians can also get no-fault benefits, also known as personal injury protection (PIP) benefits. Pedestrians are eligible even if they do not have auto insurance of their own.
A pedestrian who is partially at-fault for the accident can still recover compensation for pain and suffering. Michigan is a comparative fault state. This means a pedestrian can still file a claim if they are at fault, but the compensation awarded will be reduced by the percentage of fault. For example, if you are 20% at fault as a pedestrian and are awarded a $100,000 settlement, the money will be reduced by 20%. This means you would only get $80,000 instead of the full $100,000.
However, if a person is more than 50% at-fault for causing the crash, he or she is not entitled to any compensation for pain and suffering.
To prove negligence for a Detroit pedestrian accident, you must be able to show another party failed to follow the rules of the road, which put you at risk and resulted in your injuries.
Drivers have a duty to operate their vehicles with care and to not cause harm to others. This includes looking for pedestrians before crossing an intersection, or looking for people walking in the crosswalk before making a turn.
If a driver breaches this duty, they are considered negligent and can be found liable for the payment of compensation for the injuries caused. However, as a pedestrian, you must provide evidence showing the driver breached their duty of care. This can be accomplished through witness testimony, the testimony of the responding police officers, surveillance video, medical records, and the testimony of the parties to the accident.
Many states have no-fault laws, including Michigan. No-fault laws mean that if you are injured in an accident, you can recover benefits no matter who was at fault or to blame. Even if you were jaywalking or stepped into oncoming traffic, you are still entitled to no-fault benefits.
In Michigan, pedestrians can file no-fault claims so long as a motor vehicle – such as a car or truck – was involved in causing the injuries. Except in rare circumstances, every auto insurance policy in Michigan includes no-fault PIP coverage.
The benefits you are entitled to are enormous. Michigan no-fault benefits includes things like:
- The payment of medical bills, including hospital bills,
- Lost wages for up to 3 years
- Prescriptions, reimbursement of out-of-pocket costs and other items
- Payment for household chores
An experienced Detroit pedestrian accident lawyer who specializes in Michigan no-fault cases can help open a claim for you. All pedestrians are eligible for no-fault PIP claims, even if they did not own a car or have car insurance of their own. Michigan law provides a mechanism for pedestrians to receive PIP benefits. But the injured person must apply with the correct insurance carrier.
If you are injured in a Detroit pedestrian accident, it is important to work with a personal injury attorney when you file your claim.
Although you have the right to file a compensation claim, it is not uncommon for insurance companies to offer victims less than they deserve. There is never a guarantee of a certain amount for a pedestrian accident settlement.
However, with the assistance of a Detroit pedestrian accident lawyer, you will be more likely to get the full settlement you deserve. It is harder for insurance companies to argue against your case when you have professional representation protecting your rights.
An experienced attorney will provide the insurance company and their lawyers detailed medical documentation showing the injuries, prove negligence on the part of the driver, expert reports and highlight the harms and losses suffered by the injured pedestrian.
The Best Detroit Pedestrian Accident Lawyer
For over 40 years, The Lee Steinberg Law Firm has helped injured victims win their cases to collect the compensation they need and deserve. We care about the health and well-being of our clients. The results of a Detroit pedestrian accident can be traumatic—let us help you get the compensation you need to recover and move on as comfortably as possible.
Please call Lee Steinberg and the Detroit pedestrian accident lawyers at 1-800-LEE-FREE (1-800-533-3733) or fill out the Free Case Evaluation Form so we can answer any questions you may have about your accident. You pay nothing until we settle your Detroit pedestrian accident case.
