Detroit Pedestrian Accident Lawyer

The number of fatalities in pedestrian accidents has followed the overall trend of motor vehicle accident deaths nationally in the wrong direction. The last ten years have undone over 30 years of progress in reducing pedestrian accident fatality rates.

Now, pedestrian accident deaths stand at a four-decade high. For every fatality, many other accident victims struggle with severe injuries. You do not need to bear all the costs of your injury alone. You may be entitled to significant financial compensation when someone else was to blame for your pedestrian accident injuries.

Getting the right settlement check on your own is difficult if you even get money at all. An experienced Detroit pedestrian accident lawyer will put you in a better position to get the money you deserve. Michigan Injury Lawyers have a long track record of getting results for clients just like you. Call us today to schedule your free initial consultation. This is a call that you must make today.

Why Choose Michigan Injury Lawyers?

There are many injury law firms in the Detroit area, so why should you count on our legal team to handle your pedestrian accident claim? We have an unparalleled commitment to excellence for every injured client, no matter how the injury occurred.

We have obtained many six and seven-figure settlements and awards for clients, including a $7 million settlement for a crash-related wrongful death and $325,000 for a car accident victim with multiple injuries.

We will evaluate your rights and answer your questions at no cost, so never wait to learn more about your rights and our services.

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Pedestrian Accident Fatalities Are Rising in Michigan and the United States

In a recent year, Michigan had 183 pedestrian fatalities and 1,453 pedestrian injuries. The number of fatalities rose by roughly five percent from the previous year. Some of the increase is due to more pedestrians on city sidewalks and streets. However, the severity of pedestrian accidents has been increasing, along with the frequency.

The statistics regarding pedestrian deaths in Detroit are rather grim. Historically, the city ranked as the most dangerous large city in the United States for pedestrian fatality rates. One reason for the high pedestrian fatality rates is that the city did not have the money to invest in infrastructure when it was in bankruptcy more than a decade ago.

Detroit Has Tried to Improve Pedestrian Safety Without Success

Detroit has made some improvements to sidewalks to keep people from walking on the streets due to the poor condition of the concrete. In addition, the city has spent money upgrading street lights. The city has also taken actions to make the downtown core more walkable.

However, the Catch-22 is that with more pedestrians, more accidents will injure people. By reducing traffic lanes, authorities may increase the number of places where cars and people come into contact.

Pedestrian Accident Victims Will Almost Always Suffer an Injury

There is little chance of walking away from a pedestrian crash with no physical injuries. The question is how serious the injuries are. The higher the accident speed, the greater the likelihood of death and permanent injury.

At 30 miles per hour, 40 percent of people struck by cars will die. The rate jumps to 80 percent when the vehicle goes 40 miles per hour. Very few people will survive when a car traveling 50 miles per hour hits them.

Besides speed, the size of the vehicle will also influence whether the accident victim will be seriously injured. No matter the vehicle’s speed, there is little chance of survival when hit by a large truck. The average passenger car weighs 3,000 pounds – the larger the car, the more serious the injury can be for the accident victim.

What Happens When a Car Collides With a Pedestrian?

There is nothing to protect you from the impact of a car.

After a collision with a car:

  • You can end up on the hood of the car, going through the windshield
  • You may fall forcefully to the pavement

Regardless of what happened, the initial impact of the crash alone will cause serious injury.

Many crashes occur at higher speeds because the driver had made little effort to slow down when they were not anticipating a motorist being in their path. In many cases, that is the fault of the driver, who should have stopped. In some cases, the driver was speeding, and they only tried to brake at the last possible second.

Common Pedestrian Accident Injuries

Here are some common injuries in a pedestrian accident:

  • Broken bones and fractures
  • Head and neck injuries
  • Internal injuries
  • Traumatic brain injuries
  • Spinal cord injuries
  • Soft tissue injuries

If one survives the pedestrian crash, they may have catastrophic and permanent injuries that can change their life. Those who recover from their injuries often do so only after a lengthy rehabilitation period with numerous surgical procedures. There are multiple physical and financial costs associated with a pedestrian accident.

How to Seek Compensation for Your Pedestrian Accident Injuries

Like every other personal injury case, pedestrian accident compensation requires that you prove someone was negligent in your accident. There are very few pedestrian accidents that simply happen. Someone was to blame for the accident. You may be eligible for substantial financial compensation if you prove it was the driver.

You must prove that the driver did something the average driver will not have done. An average driver is a reasonable person who exercises care behind the wheel. Most importantly, they yield the right-of-way to pedestrians when it is mandatory under the law (such as at a crosswalk). The reasonable driver also does not speed, and they keep their eyes on the road (as opposed to looking down at their phone to text).

Why Do You Need an Attorney for a Pedestrian Accident Case?

It may be challenging for you to prove your own case. Pedestrian accidents often occur out of nowhere. You may not have seen the car that hit you until the last second. While you may have been in a crosswalk, you may have little recollection or knowledge of what you saw. Therefore, hiring an attorney to help gather the evidence you need to prove your case is essential.

Here is some evidence that can help your pedestrian accident case:

  • Eyewitness testimony from other drivers or pedestrians in the area who saw what happened
  • Information from the police report that details the officer’s observations and conclusions (which can be used to persuade the insurance company but cannot be direct evidence in court)
  • A guilty plea, if the driver was convicted of failure to yield the right-of-way
  • Pictures of the scene of the accident
  • Footage from a traffic or dashboard camera
  • Testimony from an accident reconstruction expert

You have the burden of proof showing that the driver was responsible for the crash before you can even talk money with the insurance company. You may not get any money if you do not have the necessary evidence. Your attorney will get to work as soon as you hire them to begin building your case. You want to put your best foot forward legally when you take action.

You Might Deserve Compensation When You Do Not Think It Is Possible

Many pedestrian accidents in the Detroit area do not occur in marked intersections. Where the accident occurred is not the sole determinant of fault. The driver can at least be partially to blame, even if you were not in the crosswalk.

However, never assume you cannot receive financial compensation, even if you did not follow the law. The driver can bear much of the fault even if you were crossing outside a marked crosswalk. For example, the driver who hit you may have been speeding, or they may have had ample opportunity to see you before they hit you. Where the accident occurred is not the sole determinant of fault.

Michigan law allows you to recover some money so long as you are not 100 percent to blame for the accident. If the other driver bears most of the blame for the crash, you may still get money for the accident, including economic damages. The point is never to assume that financial compensation is out of reach.

You should always contact a pedestrian accident lawyer to review your case to see if you can receive a settlement check. You may wrongfully blame yourself or underestimate the role that the driver’s fault played in your crash. The point is that an experienced legal professional will be in a better position than you to reach any conclusions about your case.

How Big is Your Settlement in a Pedestrian Accident Case?

Pedestrian accident settlements can be larger than those in a car crash. The reason why is that your settlement is directly proportionate to your injuries. Chances are that you have been more seriously injured in a pedestrian crash.

After a pedestrian accident, you can seek compensation for:

  • The costs of your medical care (and personal care if you cannot perform the activities of daily life)
  • Lost income for the money that you can have earned from work
  • Pain and suffering for the physical and mental ordeal associated with your accident
  • The loss of enjoyment of the life that you had before the accident

Suppose your loved one died in a pedestrian accident. In that case, your family can seek compensation for your injuries (losing a loved one counts as a personal injury) under Michigan’s wrongful death law. The executor of the deceased person’s estate will file the lawsuit, and they will notify family members who can receive compensation under the law within 30 days of the beginning of the legal action.

Insurance Companies Make Your Life More Difficult

You will deal with the driver’s insurance company in a pedestrian accident claim. You can file a claim against their auto insurance policy.

The insurance company can give you trouble in two areas:

  • They can deny your claim entirely if they do not believe you have presented enough evidence of their driver’s fault.
  • They can try to shortchange you on financial compensation by underestimating your damages and making a low settlement offer.

Insurance companies are notoriously difficult to deal with after any type of personal injury. They do not care that you are seriously hurt and are struggling with your finances.

In their view, it is either them or you, and they will choose their own interests every single time. Insurance companies must please their shareholders, and they believe that they owe you nothing. However, if their driver was at fault, they most definitely owe you something, and we will work to get every dollar for you.

You Face Challenges With a Hit-and-Run Pedestrian Accident

One particular problem in the Detroit area is that drivers often do not stop when they strike pedestrians. Just because you do not have responsible driver’s insurance to file a claim against does not mean you will come away empty-handed. Your insurance covers pedestrian hit-and-run accidents. Nonetheless, you are still dealing with an insurance company.

Your own insurance company may blame you for the pedestrian accident if it means that they will pay less or avoid writing you a check entirely. In addition, your own insurance company specializes in the same penny-pinching ways that are endemic to the industry. Do not expect to get a fair shake, no matter which insurance company is responsible for paying you.

Thomas L. Stroble
Detroit Pedestrian Accident Lawyer, Thomas L. Stroble

Contact a Detroit Pedestrian Accident Lawyer Today

There is little question that you cannot handle the physical rigors and the complexities of the legal process on your own after a pedestrian accident. The question is not whether you need an attorney but who you should hire for your case.

The attorneys at Michigan Injury Lawyers will handle your case diligently and clearly while putting significant pressure on the insurance company. To speak with one of our attorneys, call us today at (888) 454-0801 or message us online.