What Is the Statute of Limitations?

In Michigan, a pedestrian accident claim must be filed within three years from the date of the accident. There are some exceptions to this, particularly if the person who was injured was a minor during the time of the accident.

What Damages Can I Recover?

In Michigan, all drivers must receive PIP insurance in order to obtain a driver’s license. As a pedestrian, you could actually be entitled to no-fault PIP benefits if you can prove the driver’s negligence. No-fault benefits will cover medical expenses, day-to-day services, and wage loss. If you are filing on behalf of a deceased family member, you may also receive loss benefits. Injured persons can also recover non-economic damages, which are sometimes referred to as “pain and suffering” damages.

What Happens If the Driver Isn't the At-Fault Party?

Many people may assume that the driver is always at fault in a pedestrian accident, but distracted walking is also a common cause of pedestrian accidents. In a situation where the pedestrian is at fault, the pedestrian is responsible for paying their own accident-related expenses. The pedestrian may also be responsible for paying for the driver’s accident-related expenses, depending on the specific situation.

What Are Driver & Pedestrian Negligence?

Driver negligence simply means that a driver failed to act responsibly in a specific situation and the failure to act responsibly resulted in the injury or death of a motorist, cyclist, passenger, or pedestrian. Pedestrian negligence refers to a pedestrian’s reckless or careless behavior. Examples of pedestrian negligence include jaywalking, practicing distracted walking, or intentionally walking in places that are unsafe.

How Do I Prove Negligence?

In order to provide negligence, you will need to establish evidence that shows the driver disobeying laws or acting reckless. Evidence could include police reports, videos, and eyewitness testimonies. Additionally, if you want to recover non-economic/pain and suffering damages, you must also prove that you or a loved one’s injuries amounted to a “threshold injury,” which could include any of the following: serious bodily impairment, permanent disfigurement, or death. The most effective way to prove negligence is to work with an experienced pedestrian accident attorney.

Pedestrian Accident Attorneys | Giroux Pappas Trial Attorneys

Experienced Pedestrian Accident Attorneys in Michigan

Pedestrian safety on roadways is a critical issue in Michigan and across the country. In a 2020 traffic report, there were 1,784 pedestrians involved in motor vehicle crashes in Michigan. Of those 1,784 pedestrians that were involved in crashes, 175 (9.8%) were killed and another 1,343 (75.3%) were injured.

If you or someone you love was injured or killed in a pedestrian accident, turn to Giroux Pappas Trial Attorneys. Serving clients across Michigan, our pedestrian accident attorneys provide aggressive representation for clients who have suffered due to driver negligence.

Keep reading to learn more about pedestrian accidents and how our attorneys may be able to help you during this challenging time. If you’re ready to schedule a free consultation, contact us today.

Common Causes of Pedestrian Accidents

The following are some of the most common recorded causes of pedestrian accidents:

Distracted driving, including drivers who are using their cell phone
Distracted walking (usually pedestrians who are under the influence, wearing earbuds or headphones, or using their cell phones)
Left-turning drivers
Speeding drivers
Drunk driving and driving under the influence
Rolling stops
Failure to stop or yield
Backing up accidents
Improper lane use

Common Injuries

As a pedestrian, you are not protected like a vehicle driver is. Accidents, both major and minor, could result in a wide array of injuries, including:

Traumatic brain injuries
Spinal cord injuries, from herniated discs to paralysis
Broken bones
Internal trauma
Soft tissue trauma
Emotional trauma

How a Pedestrian Accident Attorney Can Help You

If you or a member of your family has been a victim of a pedestrian accident, you may not know where to start to remedy the situation. An experienced pedestrian accident attorney can provide legal guidance during this time and help you understand how to move forward. Some of the ways that an attorney can help you include:

Understanding Michigan Law

As in any state, the laws protecting both pedestrians and drivers are complicated. An experienced pedestrian accident attorney can evaluate your case and determine whether you may have a legal cause of action. Because every case is unique and fact-specific, it’s important to explain all of the facts of your case to an attorney, who can help you understand how existing laws apply to your situation.

Calculating Total Damages

Many items may factor into the total damages sustained in a pedestrian accident. These can include, but may not be limited to the following:

Medical expenses
Estimated future medical expenses
Lost earnings
Future lost income
In some instances, general damages, including pain and suffering

Determining Who Was At-Fault

Determining who was at fault in a pedestrian accident requires a fact-intensive analysis of a number of factors. If a pedestrian accident is escalated to the trial level, the ultimate determination of who was at fault for the accident lies with the finder of fact in the case, whether that is the trial judge or a jury. Just because a pedestrian was jaywalking, for example, does not necessarily mean the pedestrian was “at fault” for the accident—every situation is different.

Proving Fault

Proving fault can be difficult and requires a solid litigation strategy. Giroux Pappas Trial Attorneys has extensive litigation experience in this area and has put together many successful cases to prove driver fault in various pedestrian accident cases.

Frequently Asked Questions

After a pedestrian accident, you and your family understandably will have many questions, much of them legal in nature. Below, we have answered some of the most frequently asked questions about pedestrian accidents.

Schedule a Free Consultation With a Pedestrian Accident Attorney Today

Giroux Pappas Trial Attorneys has been handling pedestrian accident cases in Michigan since 1989. Our team has recovered millions of dollars in damages for these types of cases, and will help you understand what to expect from yours.

If you’re ready to speak with a pedestrian accident attorney, contact our firm today to schedule a free case evaluation.

Email us for a free and confidential consultation.

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