After being hit by a vehicle, Michigan's auto laws create a confusing web of regulations and insurance policies that impact your ability to recover compensation for your injuries. A Michigan pedestrian accident attorney advocates for your rights and works to secure the financial resources you need.
An experienced lawyer investigates every detail of your accident, handling communications with insurance companies and navigating the state's intricate no-fault system for you.
With a dedicated legal professional managing your claim, you gain the space to concentrate on your physical and emotional recovery.
Key Takeaways for Michigan Pedestrian Accident Lawyer
- Michigan's no-fault insurance system offers benefits to injured pedestrians; however, the process is complicated by numerous procedural hurdles.
- You may be able to pursue a separate personal injury lawsuit against the at-fault driver for pain and suffering damages.
- Insurance companies often attempt to shift blame onto the pedestrian to reduce the value of a claim.
- A personal injury attorney investigates the collision to establish the driver's negligence and build a strong claim for you.
- Strict deadlines apply to filing both no-fault claims and personal injury lawsuits, making prompt action necessary.
Your Rights Under Michigan's Pedestrian Laws
Michigan law sets clear expectations for both motorists and pedestrians to promote safety. Drivers have a fundamental duty to exercise due care to avoid colliding with any pedestrian, which includes maintaining a proper lookout and operating their vehicle at a safe speed for the given conditions.
When a driver fails to uphold their duty, their actions often constitute negligence. The success of your pedestrian accident claim in Michigan hinges on proving that the driver's carelessness directly caused your injuries and other losses.
Who Pays for Your Medical Bills
Michigan's no-fault insurance system outlines a specific order of priority for who pays your medical expenses after an accident. As a pedestrian, you first turn to your own no-fault auto insurance policy, even though you weren’t driving.
If you don’t own a vehicle, you can claim benefits through the policy of a spouse or a relative living in your household. If none of those options apply, your Michigan pedestrian accident attorney can help you file a claim through the Michigan Assigned Claims Plan.
This plan assigns an insurance company to handle your no-fault benefits. These benefits cover more than just initial hospital bills and are crucial for your recovery.
Key no-fault benefits include:
- Medical Expenses: Your benefits cover reasonable and necessary accident-related medical treatment, including rehabilitation and physical therapy.
- Lost Wages: You may secure reimbursement for a portion of the income you lose because your injuries prevent you from working.
- Replacement Services: Your claim may recover payment for tasks you can no longer perform, such as household chores, cooking, or childcare.
Suing the At-Fault Driver
While the no-fault system covers many of your economic losses, it doesn’t compensate you for pain, suffering, and emotional distress. To recover these non-economic damages (or economic damages that exceed your policy limits), you must file a separate liability lawsuit against the at-fault driver.
Your ability to file this type of lawsuit depends on the severity of your injury because Michigan law establishes a threshold for these claims. Your injuries must meet a certain level of seriousness, defined as death, permanent serious disfigurement, or serious impairment of a body function.
A skilled Michigan pedestrian accident attorney evaluates your medical records and the impact of the injuries on your life to determine if your case meets this standard.
Investigating Your Pedestrian Accident Claim
A thorough investigation provides the foundation for a successful pedestrian accident claim in Michigan. Your attorney coordinates a comprehensive review of all factors contributing to the collision. They begin immediately to preserve critical evidence before it disappears.
Insurance companies conduct their own investigations, often with the goal of finding ways to minimize or deny a claim. Your attorney's independent investigation counters their narrative with objective facts.
Gathering Critical Evidence
Your legal team will gather various forms of evidence to support your case; they know what to look for and how to obtain it through official channels. The quality and strength of this evidence directly influence the outcome of settlement negotiations and a potential trial.
Examples of critical evidence include:
- Police Report: The responding officer’s report provides a formal account of the accident scene, including witness information and their initial assessment of fault.
- Witness Statements: Your attorney can contact the people who saw the accident to get their firsthand accounts of what happened.
- Photos and Videos: Photos from the crash scene, surveillance footage from nearby businesses, or dashcam recordings can offer additional evidence of a driver's actions.
- Medical Records: A complete file of your medical history following the accident documents the extent of your injuries and the required treatment.
Proving Driver Negligence
Proving negligence requires showing that the driver failed in their duty to operate their vehicle safely and that this failure caused your pedestrian injuries. Many different driver behaviors can lead to a finding of negligence in a pedestrian accident.
An attorney uses the gathered evidence to link these actions directly to the harm you suffered.
Common forms of driver negligence are:
- Distracted Driving: Texting, talking on the phone, or adjusting the radio diverts a driver's attention from the road.
- Speeding: Exceeding the speed limit reduces a driver's reaction time and increases the severity of an impact.
- Failure To Yield: Motorists must yield the right-of-way to pedestrians in crosswalks and at intersections.
- Impaired Driving: Operating a vehicle under the influence of alcohol or drugs significantly impairs judgment and physical control.
- Disregarding Traffic Signals: A driver who runs a red light or a stop sign shows a clear disregard for the safety of others.
Your Michigan pedestrian accident attorney organizes this evidence to construct a powerful argument that establishes the driver's liability. This step is fundamental to pursuing the compensation you need for your recovery.
Managing All Communication for You
Your lawyer acts as your exclusive representative with all involved parties. They field all phone calls, respond to emails, and handle written correspondence from insurance adjusters, investigators, and the at-fault driver's legal team.
Involving a lawyer in a pedestrian accident claim immediately shields you from the pressures of these conversations.
Protection Against Insurers
Insurance adjusters often seek recorded statements in an attempt to find inconsistencies or get you to say something that undermines your claim. Your attorney handles these requests and provides only the necessary information, protecting you from inadvertently weakening your own case.
By managing these communications, your lawyer creates a single, controlled channel for information. This prevents confusion and allows you to direct all your energy toward your medical treatments and personal well-being.
Building Your Michigan Pedestrian Accident Claim
Building a successful pedestrian accident claim in Michigan requires a systematic and detailed approach. Your attorney constructs your case piece by piece, ensuring every element is supported by strong evidence.
This methodical work forms the basis for settlement negotiations or a trial presentation.
A Michigan pedestrian accident attorney follows a strategic process:
- Documenting Your Injuries: Your lawyer compiles all of your medical records, bills, and treatment plans to create a complete picture of your physical injuries and their financial cost.
- Calculating Full Damages: Your attorney works to calculate the total impact of the accident, including not just current expenses but also future medical needs, lost earning capacity, and your non-economic losses like pain and suffering.
- Filing All Necessary Paperwork: Your legal team prepares and files all documents for your no-fault claim and your personal injury lawsuit, making sure they comply with all procedural rules and deadlines.
Negotiating a Fair Settlement
Armed with a thoroughly prepared case, your attorney enters into settlement negotiations with the insurance company. They present a demand package that outlines the facts of the case, establishes the driver’s liability, and provides full documentation for every dollar of damages you claim.
During negotiations, insurance companies often try to dispute the severity of the victim’s injuries or argue that they were partially at fault to reduce the settlement amount. Your lawyer anticipates these tactics and uses the evidence they have gathered to counter them effectively.
Filing a Lawsuit When Necessary
The ability to take a case to court provides significant leverage in negotiations, and insurance companies are aware that unrepresented pedestrians often struggle with this legal hurdle.
However, a skilled Michigan pedestrian accident attorney can file a lawsuit and argue your case before a jury if they refuse to make a fair offer. This readiness often motivates them to settle for a reasonable amount.
FAQ for Michigan Pedestrian Accident Attorney
What if I Was Partially at Fault for the Accident?
Michigan follows a modified comparative negligence rule, which means you can still recover damages even if you were partially at fault for the accident, as long as your share of fault is 50% or less.
An insurer, court, or jury will assign a portion of blame to each party, and your percentage of fault then reduces your total compensation award.
How Long Do I Have To File a Pedestrian Accident Claim in Michigan?
In Michigan, you generally have three years from the date of the accident to file a personal injury lawsuit against the at-fault driver. This deadline is known as the statute of limitations.
For no-fault insurance benefits, you must file a formal application for benefits with the correct insurance company within one year of the accident date.
Missing these critical deadlines can prevent you from recovering any compensation.
What Should I Do After a Pedestrian Accident if the Driver Fled the Scene?
Even if the driver who hit you fled the scene, you still have options for financial recovery. Your own no-fault insurance policy can provide benefits for medical bills and lost wages.
Additionally, if you have Uninsured Motorist (UM) coverage as part of your auto policy, it may cover the damages you would have otherwise claimed from the at-fault driver. A lawyer can help you explore all available sources of recovery.
Do I Still Need a Lawyer if the Driver's Insurance Accepts Liability?
Even if the driver's insurance company admits the driver was at fault, you still benefit from legal representation. An admission of liability is only the first step; the insurer's next goal is to minimize the amount it pays you for your injuries.
They may dispute the severity of your injuries or argue that certain medical treatments were unnecessary. An attorney fights to make sure the settlement offer fairly reflects all your losses.
How Does a Michigan Pedestrian Accident Attorney Prove the Full Extent of My Injuries?
A Michigan pedestrian accident attorney proves your injuries using a variety of evidence. They gather your complete medical records and may consult with medical professionals to provide opinions on your prognosis and future care needs.
You can also document how the injuries affect your daily life through personal journals, photographs, and statements from family and friends about the changes they have witnessed.
Your lawyer uses this collected evidence to build a powerful argument for the full extent of your physical and emotional suffering.
Call Michigan Injury Lawyers Today
Your energy and attention after an accident should be devoted to your recovery, not to fighting with insurance companies. Taking action to protect your legal rights is a step toward restoring your finances and securing your future.
Let the team at Michigan Injury Lawyers handle the complexities of the legal process so that you can focus on your recovery. Call us today at 248-454-0800 for a free consultation.
Thomas L. Stroble
FOUNDER
Mr. Stroble is a highly accomplished graduate of Michigan State University, with degrees in both science and law. He specializes in commercial lawsuits and personal injury cases. Licensed to practice law in Michigan and even the U.S. Supreme Court, he’s a well-qualified legal expert. Besides his career in law, he loves outdoor activities and volunteers as a part-time police officer in Birmingham.
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