Michigan Pedestrian Accident Attorneys: Protecting Your Rights After an Injury

Warmer Weather Brings Out Pedestrians

With spring around the corner, more people are out walking and enjoying the nicer weather. Unfortunately, this can increase the risk of pedestrian accidents. In Michigan it’s important to understand how to avoid pedestrian accidents and what to do if you or a loved one experiences a pedestrian accident. In this blog we’ll take a closer look at contributing factors, recent statistics, and damages you can receive if you are a victim of a pedestrian accident.

Pedestrian Accidents on the Rise in Michigan: What the Statistics Say

According to the Michigan Office of Highway Safety Planning, in 2023 there were 2,224 pedestrians involved in 2,114 motor vehicle crashes. 183 were killed and 1,743 were injured. In comparison to numbers from 2020-2022, not only is the total number of  pedestrians involved in accidents increasing, but total fatalities are also on the rise.

The most common pedestrian action prior to a fatal crash was “crossing not at an intersection,” which accounted for 24% of pedestrian fatalities.

How to Prevent Pedestrian Accidents: Safety Tips for Drivers and Walkers

As a driver, it is important to stay alert and avoid distractions while driving, while always looking out for pedestrians. Drivers must also obey the speed limit and yield to pedestrians. 

As a pedestrian, it is important to cross at marked or unmarked crosswalks, avoid distractions, like using a cell phone, and look both ways before crossing the street, by looking left, right, and then left again before safely crossing. 

These are all great ways to lessen the risk of being involved in a pedestrian accident.

What to Do After a Pedestrian Accident in Michigan

It’s important to know that as a pedestrian you have rights in a pedestrian accident.

Understanding Michigan No-Fault Benefits for Injured Pedestrians

If you do find yourself as a pedestrian injured in a car accident, you are able to collect money for medical bills through Michigan No-Fault benefits. Your medical bills will be paid up to the amount selected on your No-Fault PIP medical benefits. 

The amount on your coverage will either be $50,000 (for drivers on Medicaid); (2) $250,000; (3) $500,000; or (4) “no limit” (i.e., unlimited) (MCL 500.3107c(1)).

If you chose to file a No-Fault Benefits claim through an auto insurance company assigned to your claim through the Michigan Assigned Claims Plan, then your No-Fault medical coverage will be limited to $250,000.

If you are seeking money for other expenses, like lost wages, mileage for medical appointments, household replacement services or attendant care services, then you can also file a claim to your insurance company for compensation for this.

The insurance company responsible for paying either any of the above benefits is either your own, the auto insurance your spouse has, the auto insurance that a resident relative who lives with you has, or if No-Fault coverage is not available through these other means, then the Michigan Assigned Claims Plan will assign an auto insurance company to pay for these benefits (MCL 500.3114; 500.3115).

Sometimes, for whatever reason, someone filing a claim with an insurance company might not receive the compensation they deserve. If this happens to you it’s important to contact an experienced pedestrian accident attorney, like the attorneys at Giroux Pappas Trial Attorneys, who will fight for you and help you get the compensation you deserve. 

Filing a Pedestrian Accident Claim: Compensation You May Be Entitled To

You can recover other expenses, like excess medical bills and lost wages, from the at-fault driver who caused the crash (MCL 500.3135(3)(c)).

You can also be entitled to compensation for pain and suffering from the at-fault driver. In order to do this you would have to bring a case against the at-fault driver. You will have to prove that you have “suffered serious impairment of body function.” You will be able to recover the amount of coverage the at-fault driver has available. In Michigan you are required to have a minimum of $250,000/$500,000 in liability insurance coverage.

Determining fault in a pedestrian accident is crucial.

What is Comparative Fault?

One of the important first steps in filing a lawsuit after a pedestrian accident is determining who is at fault in the pedestrian accident. This matters because if you wish to receive compensation for damages as a pedestrian, you need to establish that the driver of the vehicle was at fault. 

Oftentimes, the defense in cases will try to argue ‘comparative fault,’ even though pedestrians are rarely at fault. The comparative fault rule says the following:

Damages must be assessed on the basis of comparative fault, except that damages must not be assessed in favor of a party who is more than 50% at fault. (MCL 500.3135)

This essentially means that if the pedestrian’s fault is shown to be more than 50% then they are not allowed to file a case and will not be awarded damages.

This rule also says, “If that person’s percentage of fault is greater than the aggregate fault of the other person or persons…the court shall reduce economic damages by the percentage of comparative fault of the person upon whose injury or death the damages are based” (MCL 600.2959).

This aspect of the rule means that in a pedestrian accident if you are found 20% at fault, then 20% of your damages will not be awarded.

If you are a pedestrian and are jaywalking, this can be considered a fact that could make you comparatively negligent. However, there is still an expectation that a driver should be paying attention and looking for pedestrians while driving, especially in a big city like Detroit or Grand Rapids.

Why You Need a Michigan Pedestrian Accident Attorney to Fight for You

If you find yourself involved in a pedestrian accident, Giroux Pappas Trial Attorneys are here to help. Our experienced pedestrian accident lawyers are ready to assist you in navigating the legal aftermath and ensuring that your rights are protected. Call today! 248-531-8665