How Can You Get Compensation for a Pedestrian Accident in Saginaw?
If a pedestrian is crossing the street, and the driver of the vehicle was negligent in causing the collision, then a pedestrian can make a claim for compensation. To obtain compensation for pain and suffering, emotional distress and other similar injuries, the injured person must prove the driver was at least 50% at-fault for causing the accident.
The police often place a pedestrian (wrongly) at fault when a pedestrian-car accident occurs. Although the pedestrian may not get a ticket, the police may still assign fault to the pedestrian. This can happen for any number of reasons.
That is why it is essential to hire an aggressive Saginaw pedestrian accident lawyer as soon as possible after an injury. It is important to protect your rights.
How Do I Get No-Fault Compensation?
If you are a pedestrian, you can still obtain first-party no-fault benefits. This is true even if you don’t own a car or was put at-fault for causing the accident. Under Michigan’s no-fault law, a pedestrian can still get no-fault compensation so long as a motor vehicle was involved in causing the accidental injury.
Finding out the correct insurance company to pay the no-fault benefits is not easy. If a pedestrian does not have auto insurance, usually they have to go through state and the Michigan Assigned Claims Plan (MACP). A Saginaw pedestrian accident lawyer who specializes in car accident cases can help you complete the application process.
Getting Help Through the Michigan Assigned Claims Plan
When a pedestrian does not have car insurance, but is injured due to a car accident, the pedestrian can still make a claim for first-party benefits just like everyone else. However, the pedestrian usually must go through the Michigan Assigned Claims Plan (MACP).
The MACP is an organization run by the state of Michigan and the insurance industry. It allows an injured person to receive up to $250,000 in medical benefits following a car accident. However, the injured person must prove eligibility and the application process is not simple. Your attorney should be able to complete the application and get a car insurance carrier assigned to pay your case.
What is the Deadline for a Lawsuit After a Pedestrian Accident?
There is only a certain amount of time a person has to file a lawsuit against the negligent driver for their injuries. This is called the statute of limitations. In Michigan, under MCL 600.5805, a person has three years from the date of the pedestrian crash to file a pain and suffering lawsuit.
The time limit is different if you are making a claim for first-party PIP benefits.
Who is at Fault For Causing a Pedestrian Accident?
In most situations, a car or truck is partially at fault for causing a crash with a pedestrian. However, sometimes the pedestrian is at-fault too. If you are a pedestrian, you are required under the law to follow the rules of the road, just like a motorist.
The Michigan State Police offers guidelines on pedestrian safety and pedestrian rules. For example, pedestrians should only cross the street at a crosswalk when possible. If crossing signals are available, cross only on a “Walk” signal. In addition:
- Pedestrians should only walk on a sidewalk, if available.
- If no sidewalk is available, a pedestrian should walk facing traffic and stay to the left as far as possible.
- Pedestrians must Obey traffic signals, signs, and markings.
- Pedestrians should Always stop at the edge of a parked car, curb, or vehicle before walking out into traffic.
- Pedestrians must always look both ways before crossing the street.
An experienced Saginaw pedestrian accident lawyer can help prove a driver was negligent in causing a crash. It is important for your attorney to get witness statements, any video footage of the accident scene, photographs, and hire appropriate experts to make sure your case is presented in the best possible way and the truth comes out.
What Duties Do Drivers Have Towards a Pedestrian?
Drivers must be aware of pedestrians crossing the street or walking along a roadway, especially at or near an intersection. Under Michigan law, drivers must stop obey all traffic signals, signs and markings. A driver must also obey the speed limit and yield of pedestrians in crosswalks, intersections and all traffic-control areas.
In addition, according to the Michigan Office of Highway Safety Planning, it is also a good idea for drivers to:
- Never pass vehicles stopped at a crosswalk because people may be crossing who cannot be seen.
- Be very careful when backing up to make sure no pedestrians are walking by
- Stay alert and take extra caution at intersections and when turning
Pedestrian Accidents in Saginaw Cause Severe Injuries
Pedestrians are not protected and can sustain horrible and catastrophic injuries when struck by a car or truck. Sometimes, these injuries can be fatal. When this happens, the family can sue the at-fault driver and owner for a wrongful death.
Typical pedestrian accident injuries include:
- Broken bone (broken arm, broken wrist)
- Leg fracture
- Hip or pelvis fracture
- Head injuries, such as a concussion or traumatic brain injury
- Whiplash
- Neck pain, including pain into the shoulders
- Back pain, such as herniations, disc bulges, and spinal cord injury
- Permanent scarring and road rash
- Wrongful death
What is the Pedestrian Law in Michigan?
Under MCL 257.655, when sidewalks are provided, a pedestrian cannot walk on the main traveled portion of the roadway. If a sidewalk is not provided, the pedestrian must walk on the left side of the roadway facing traffic.
Common Types of Pedestrian Accidents
Pedestrian crashes in Saginaw and surrounding communities such as Freeland, Frankenmuth, Bridgeport, Merrill, Hemlock, Chesaning and Birch Run are caused for many different reasons. However, according to Michigan State Police data, most pedestrian accidents occur for the following reasons:
- Cross Walk Accidents – a vehicle fails to stop before the cross walk
- Left-hand turn accidents – the driver fails to wait for pedestrians to cross the street before completing a left-hand turn.
- Distracted Driving – if a driver is playing on their cell phone, texting while driving, using social media, or just not paying attention, they will become distracted from the road. Distracted drivers are less likely to see pedestrians crossing the street.
- Running a Red Light – a driver does not see the red light or tries to beat the light
- Drunk Driving – intoxicated drivers are impaired and make bad decisions.
- Reckless Driving – drivers who are speeding or weaving in and out of traffic and quickly changing lanes may not see a pedestrian until it is too late.
The Best Saginaw Pedestrian Accident Lawyer
For almost 50 years, The Lee Steinberg Law Firm has helped injured victims win their cases to collect the compensation they need and deserve. We care deeply about the well-being of our clients. It is our job to get them back on the road to recovery, both spiritually and financially.
The results of a Saginaw pedestrian accident can be traumatic—let our attorneys 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 (1-866-696-9146) 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 Saginaw pedestrian accident case.
