It may have started out as a normal day for you. Perhaps you decided to run out on a quick errand, go jogging or even stretch out on a blanket in your neighborhood park. Then the car struck, and your life was suddenly anything but normal.
If you or a loved one was harmed in a Michigan pedestrian accident, there are state laws that protect you and can provide compensation for your injuries. Call Michigan Injury Lawyers at (888) 454-0801 or contact our pedestrian accident lawyers online for a free evaluation of your claim. If there is no recovery in your case, there is no fee for our services.
Pedestrian Accidents Occur Too Often
Sadly, Michigan does not have the best record when it comes to pedestrian traffic accidents. According to the 2021 Year-End Traffic Crash Statistics report from the Michigan State Police, there were 1,790 pedestrian-involved crashes in 2021, 1,573 of which resulted in injuries. Pedestrians were killed in 183 of those crashes—a 5 percent increase over 2020.
Nationally, pedestrian accidents killed an estimated 7,485 people on foot in 2021—a 12 percent increase over 2020. According to the Governor's Highway Safety Association, that total represents the most pedestrian deaths in a single year in four decades, with an average of 20 deaths per day.
With the growing number of drivers distracted by technologies, text messaging, and smartphones, pedestrians are at greater risk now of being injured by a motor vehicle than ever before.
With the growing number of drivers distracted by technologies, text messaging, and smartphones, pedestrians are at greater risk now of being injured by a motor vehicle than ever before.
Michigan: A No-Fault State
The laws pertaining to pedestrian accidents and motor vehicle accidents in Michigan are quite complicated. Michigan is a “no-fault” state. In simple terms, that means that every driver in Michigan is required by law to have personal injury protection (PIP) coverage through their insurance provider. In Michigan, the minimum personal injury protection coverage is $50,000 bodily injury liability per person and $100,000 bodily injury liability per accident.
Also called no-fault insurance, it covers your medical expenses and the medical expenses of your passengers up to your insurance policy limits, regardless of who is at fault for the accident.
If you, as a pedestrian, are injured by a vehicle, you would seek compensation for your medical expenses in the following order:
- Through the no-fault auto insurance policy for your own motor vehicle.
- Through the no-fault auto insurance policy your spouse has through their motor vehicle.
- Through the no-fault auto insurance policy that a relative living with you has on their motor vehicle.
What if There is No Source of No-Fault Coverage After a Pedestrian Accident?
Pedestrians injured in auto accidents, including those involved in hit-and-run pedestrian accidents, can still get no-fault benefits even if the sources mentioned above are not available by applying for benefits through the Michigan Assigned Claims Plan. The plan provides PIP medical benefits coverage of up to $250,000 for injured pedestrians.
The basic parts of the No-Fault Act are complex. If you have specific questions related to your pedestrian traffic accident, you should speak with a qualified Michigan pedestrian accident lawyer who can explain how the laws apply to your individual case.
What if No-Fault Coverage Doesn't Fully Cover My Damages?
If the no-fault insurance coverage available to the injured pedestrian through their own, their spouse's, or a relative's policy or under the Assigned Claims Plan does not fully cover all the pedestrian's accident-related medical expenses, then the injured person can sue the at-fault driver for "excess damages" in a third-party lawsuit.
First-Party and Third-Party Benefits
There are two types of claims that you can make under Michigan no-fault laws when you have been injured in a pedestrian or other motor vehicle accident.
First-party benefits
Personal protection insurance, or PIP benefits, is a payment to cover your economic losses after your pedestrian accident. The benefits include:
- Medical bills.
- Lost wages.
- Home health care, or money you paid so that someone else could perform household duties you usually did before you were injured.
- Mileage and transportation expenses you incurred to attend doctor's appointments
- In the case of death, the dependents of the person killed in the pedestrian accident may be able to receive survivor's benefits through first-party claims. These benefits are payable for life and have no dollar limitation.
Third-party benefits
The Michigan No-Fault Act also allows injured pedestrians to make claims against the at-fault driver for noneconomic losses. The law allows third-party claims if the victim has sustained a “threshold injury,” defined as damage that seriously impairs bodily function, causes permanent scarring or disfigurement, or causes death.
Noneconomic damages may include compensation for damages such as:
- Pain and suffering
- Disability, incapacity
- Lessened quality of life.
- In some cases, third-party benefits may also cover wage losses that continue for more than three years.
Insurance laws can be confusing when it comes to pedestrian accidents. Medical bills can mount, especially if you suffer serious injuries and are unable to work. If you or a loved one suffered injuries in a pedestrian accident in Michigan, you need an experienced team of Michigan pedestrian accident lawyers on your side to help you get the maximum compensation you deserve.
Hit-and-Run Pedestrian Accidents
Hit-and-run pedestrian accidents occur when the driver of the vehicle that hits the pedestrian leaves the scene of the accident without first leaving contact information. Some drivers will do this to avoid responsibility for injuring the pedestrian. Drivers who flee the scene of a pedestrian accident face prison time and fines of up to $10,000.
Victims of hit-and-run pedestrian accidents may still be entitled to pain and suffering compensation and compensation for excess medical expenses and lost wages if they have uninsured motorist coverage through their auto insurance company.
What to do After a Michigan Pedestrian Accident
If you or a loved one is involved in a pedestrian accident with a motor vehicle, you should immediately take some actions to ensure a faster and easier recovery—both physically and financially.
Get out of harm's way
Pedestrian accidents often occur in areas where there is traffic. You want to move the injured person out of the path of traffic if they are conscious and are able to move. Don't try to move them if they are unconscious or severely injured. Moving a pedestrian accident victim could worsen their injuries.
Call the Police
Report the pedestrian accident to the police so that they can have a record of the accident. Notifying the police should also notify emergency services. Even if the person struck doesn't appear injured, they should see a medical professional. Sometimes the shock of the accident and the adrenaline jolt that follows mask the pain and severity of the injuries the victim suffered.
Keep the driver and eyewitnesses at the scene of the accident
The driver of the vehicle that hit the pedestrian may be reluctant to remain at the scene. Encourage the driver and any witnesses to stay until police arrive so they can be on record in the accident report. Collect their contact information, if possible. You will also want to get the driver's auto insurance information.
Seek medical treatment
If emergency services did not come to the scene or you were checked out and cleared to go home, see your doctor as soon as possible. Some injuries from pedestrian accidents don't appear until days, weeks, or even months after the accident. You want your medical records to show that you or your loved one sought treatment after the accident.
You should also follow your doctor's recommendations for follow-up appointments, surgeries, procedures, medications, rehabilitation, and other medical treatments. Staying current on your medical treatment shows the insurance company and others that you are taking the accident and your injuries seriously.
Review Your Auto Insurance Policy
Michigan's No-Fault auto insurance law has very specific criteria when it comes to car accidents involving pedestrians. You may be contacted by your insurance provider or the insurance company of the driver of the vehicle that hit you.
Be careful how much information you tell them. Insurance adjusters will use your words to downplay the extent of your injuries and damages in order to offer you a lower settlement than you deserve. Before accepting a settlement offer, you should speak to a Michigan accident lawyer about your pedestrian accident case and whether the settlement offer fully compensates you for your damages.
Contact a Michigan pedestrian accident attorney
If you or a loved one have been injured in a Michigan pedestrian accident, contact a Michigan pedestrian accident attorney as soon as possible. An experienced attorney can review the details of the accident and the damages you suffered to determine the actual amount of compensation you deserve to be made whole.
Be aware that you have a very limited timeframe to file a claim with the insurance company and just a three-year deadline for filing a personal injury lawsuit or wrongful death claim. Don't delay. Contact a Michigan pedestrian accident lawyer today
Pedestrian Safety Tips
There is no excuse for drivers to act negligently behind the wheel. However, pedestrians must behave responsibly as well. Talking on a cell phone, listening to music, or chatting with a friend can be just as distracting for those walking down the street as it can be for those driving a vehicle. Here are a few suggestions to improve pedestrian safety:
For Pedestrians
- Always use a designated crosswalk if possible. Look left, right, and then left again before stepping into traffic.
- If you can't see beyond a parked vehicle, step to the edge of the vehicle and check around it before crossing.
- Walk facing traffic if there is no sidewalk available.
- Don't walk on freeways or in restricted zones.
- Use a flashlight or reflective clothing if walking at night.
- When in doubt, stay back. Wait to cross until you feel comfortable that doing so is safe and legal.
- Hold your child's hand while crossing or in parking lots.
- Take special care if you or a loved one has consumed alcohol.
For Drivers
- You are required to yield the right-of-way to pedestrians in marked and unmarked crosswalks. Be especially careful when you are turning onto another street at intersections.
- Watch carefully for pedestrians in bad weather or when it is very dark. They can be difficult to see.
- Obey the speed limit, especially in school zones, busy neighborhoods, and parking lots.
- Never pass or overtake other vehicles stopped for pedestrians.
- Stay sober when operating a vehicle.
- Keep your windshield clean and check your blind spot.
Were You Hurt in a Pedestrian Accident? Call Our Michigan Pedestrian Accident Attorneys Today
Pedestrian accidents can be devastating. If you or a loved one was injured in a pedestrian accident, call the personal injury attorneys at Michigan Injury Lawyers. Our Michigan accident attorneys understand the complexities of Michigan's no-fault laws and can help you recover money to ease your financial burdens.
Don't let insurance companies cheat you out of what you deserve. Call our Michigan pedestrian accident lawyers at (888) 454-0801 or contact us online for a free evaluation of your claim.
Our law firm assists clients with personal injury claims throughout Michigan, including Macomb County, Oakland County, Warren, Clinton Township, Sterling Heights, St. Clair Shores, Mount Clemens, Utica, Roseville, Troy, Farmington Hills, Waterford, Southfield, Pontiac, Birmingham Michigan, Rochester Hills, West Bloomfield, and Bloomfield Hills. Contact us today for a free consultation.