While all road users can potentially suffer harm in a traffic accident, pedestrians are particularly vulnerable. They are less visible than motor vehicles, which means inattentive drivers might not see them in time. Furthermore, they have less protection, so accidents are more likely to result in severe and even fatal injuries.

In many cases, the driver who strikes a pedestrian is at fault for the collision and liable for the consequences. However, liability in pedestrian accidents is a complex matter. Determining who is at fault and who is eligible to recover compensation requires a careful look at the individual circumstances of the accident.

When a Driver Might Be at Fault for an Accident

While pedestrians may sometimes be at fault for accidents, drivers have a duty to exercise reasonable care and caution when operating a vehicle. A driver may be liable for a pedestrian accident if they:

• Fail to yield the right-of-way to pedestrians in designated crosswalks or intersections
• Disobey traffic signals or signs
• Drive while distracted or impaired
• Exceed the speed limit or drive too fast for conditions
• Make improper turns or lane changes without checking for pedestrians
• Fail to keep up with proper vehicle maintenance, leading to equipment failure or malfunction

Drivers must remain vigilant and anticipate the presence of pedestrians, particularly in areas with high foot traffic, such as school zones, shopping centers, busy downtown streets, or residential neighborhoods. Even if a pedestrian is jaywalking or behaving negligently, drivers have a duty to take reasonable steps to avoid a collision if possible.

When a Pedestrian Might Be at Fault for an Accident

Pedestrians are not automatically without fault in accidents. In fact, there are some circumstances in which a pedestrian might be considered primarily or entirely at fault for a collision and resulting losses. A pedestrian may be to blame for a crash if they are:

• Jaywalking or crossing a street outside an intersection or crosswalk
• Rushing into the flow of traffic without warning
• Traveling while distracted
• Under the influence of alcohol or drugs
• Traveling on a highway or roadway where pedestrians are prohibited
• Failing to follow the directions of traffic signals

In such circumstances, Michigan’s comparative fault laws determine the amount and type of compensation a pedestrian can recover. A pedestrian who is no more than 50 percent responsible for the accident may recover compensation for economic as well as non-economic losses, but any damages awarded will be reduced according to their percentage of fault. Economic damages cover those with a dollars-and-cents value, like medical bills and lost wages. Non-economic damages apply to intangible things like pain and suffering.

If a pedestrian is more than 50 percent responsible, they may still recover economic damages (with the award being reduced by their percentage of fault). However, they cannot recover damages for pain and suffering and other non-economic losses.

The Importance of Legal Representation in Pedestrian Accidents

Pedestrian accidents often result in catastrophic injuries or fatalities, and determining liability can be complex. It is crucial to have a personal injury attorney on your side to protect your rights and aggressively pursue the fair compensation you deserve.

An attorney can thoroughly investigate the accident by gathering evidence, interviewing witnesses, and working with accident reconstruction experts to establish fault. They can also calculate the extent of your damages, including current and anticipated future medical expenses, lost income, pain and suffering, and other losses.

Furthermore, insurance companies often attempt to minimize payouts or deny claims altogether. Your attorney can negotiate with insurance companies on your behalf and fight for the maximum compensation you deserve. If necessary, they can take your case to court.

Contact a Michigan Pedestrian Accident Attorney at Davis Law Center

If you’ve suffered injuries in an accident involving a pedestrian, whether as a driver or a pedestrian, an experienced Michigan personal injury attorney can help you understand your rights. The seasoned legal team at Davis Law Center has been helping injured Michiganders recover compensation for over 30 years. Our compassionate and knowledgeable attorneys will listen to your story, conduct a thorough investigation to determine who was at fault, and fight for a fair recovery. Contact us today for a free consultation to learn more about how we can help you.

Davis Law Center: your trusted partner for personal injury accident cases. Serving Detroit, Farmington Hills, Southfield, Macomb County, Wayne County, Oakland County, and all of Michigan.

About the Author
Neil Davis, owner of Davis Law Center, is a seasoned attorney specializing in personal injury cases. With over 30 years of experience, he has successfully secured millions in compensation for injured individuals. Neil is a dedicated advocate for justice and an active member of legal associations.

Personal injury law is complex and best handled by a competent attorney who can effectively evaluate, prepare, present, and fight to win your case. Neil prides himself on doing all these things for his clients and would be honored to have the opportunity to discuss your case with you.

The National Highway Traffic Safety Administration (NHTSA) defines a pedestrian as any individual on foot, walking, running, jogging, hiking, sitting, or lying down who is involved in a motor vehicle crash. According to the NHTSA, on average, a pedestrian was killed every two hours and injured every eight minutes in traffic accidents in 2013. In fact, there were 4,735 pedestrian deaths that year, accounting for 14 percent of all traffic fatalities in motor vehicle crashes. Unfortunately, that number increased in 2014, when a total of 4,884 pedestrians were killed, while an estimated 65,000 were injured across the country.

In Michigan, 148 pedestrians were killed in 2013, accounting for 15.6 percent of the total traffic fatalities in the state in 2013. In 2014, there were 148 pedestrian fatalities, accounting for 16.4 percent of total traffic deaths. Pedestrian accidents can take place in a number of ways, including:

• Vehicles backing up into pedestrians;
• Vehicles not realizing pedestrians are on the road;
• Vehicles speeding down the road and unable to stop in time;
• Vehicles sideswiping pedestrians on the side of the road;
• Vehicles hitting pedestrians as they collect their mail; or
• Vehicles striking pedestrians as they make a left turn at an intersection.

Pedestrian accident cases are generally rooted in the theory of negligence. Negligence occurs when a person fails to use the level of care that a reasonably prudent driver would use behind the wheel. In order to succeed on a negligence claim, the plaintiff must prove that the defendant owed the pedestrian a duty to use reasonable care, the defendant breached this duty, and the defendant’s breach was a direct cause of the accident and the pedestrian’s resulting harm.

Under Michigan law, accident victims have a limited time frame to file a personal injury claim against the at-fault driver and this is known as the statute of limitations. Personal injury claims must be filed within three years from the date of the accident, and wrongful death lawsuits must be filed within three years from the death. If you do not file a lawsuit in that time frame, you will likely lose your ability to take any legal action against the at-fault party. This means you will be barred from recovering compensation for your harm.

Pedestrians are also eligible for personal protection insurance benefits (PIP). These benefits can cover medical expense, wage loss and assistance with daily activities of living incurred as a result of injuries sustained in the crash. Proper notice to the appropriate insurance company or the Michigan Insurance Placement Facility must be served within one year of the date of the accident to be eligible for these benefits. In the event benefits are not paid, which is often the case with insurance companies in Michigan, a lawsuit needs to be filed within one-year of a formal denial of benefits by the insurance company.

If you or someone close to you has been injured in a pedestrian accident that was not your fault, you may be able to recover compensation for your harm. At Davis Law Center, our seasoned Michigan pedestrian accident attorneys have extensive experience with laws concerning pedestrian accident claims. You can rest assured that we can advocate for your rights at every step of the way. To discuss your case in detail with one of our lawyers, call us at 248-865-7740 or contact us online.

About the Author
Neil Davis, owner of Davis Law Center, is a seasoned attorney specializing in personal injury cases. With over 30 years of experience, he has successfully secured millions in compensation for injured individuals. Neil is a dedicated advocate for justice and an active member of legal associations.

Personal injury law is complex and best handled by a competent attorney who can effectively evaluate, prepare, present, and fight to win your case. Neil prides himself on doing all these things for his clients and would be honored to have the opportunity to discuss your case with you.

MCL 257.10(b) defines a crosswalk as any designated area for a pedestrian crossing. This broad definition is likely intended to cover a wide range of situations. As a result, drivers must be vigilant behind the wheel in order not to injure or kill pedestrians while driving.

Under MCL 257.612, vehicular traffic shall yield the right-of-way to pedestrians and bicyclists who are lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. Michigan case law also supports the rights of individuals walking through a crosswalk safely. In Guina v. Harrod, the court held that motorists are required to anticipate the presence of pedestrians at street crossings, and, in the event they cannot see if the crossing is clear, they must drive in a manner that is consistent with how a reasonably prudent person would drive. In other words, motorists should anticipate crosswalks and proceed with caution around them because they should be aware that pedestrians may be in the area, and it may not be easy to see a pedestrian from a distance.

Pedestrians hurt in crosswalk accidents often suffer serious and long-term injuries that can be extremely costly to treat. As a result, Michigan law allows individuals to recover damages for their harm. Damages refer to the compensation awarded to an individual for a loss or injury. Plaintiffs typically recover damages for medical expenses, rehabilitation costs, pain and suffering, lost income and benefits, property damage, and any other losses arising from the accident. If you have lost a loved one in a crosswalk accident, you may be able to pursue wrongful death damages, such as funeral and burial expenses, loss of companionship, compensation for conscious pain and suffering and more. If you have lost a loved one in a crosswalk accident, we can help you file a wrongful death claim.

Crosswalk accidents can lead to serious and even permanent injuries. In the most severe cases, these accidents can lead to death. If you or your loved one has suffered harm in a crosswalk accident caused by someone else’s negligence, we can help. At Davis Law Center, our seasoned Michigan pedestrian accident lawyers understand the nuances of this area of law and can advocate for your rights throughout the entire legal process. Time is of the essence in these cases, so it is best to contact an attorney as soon as possible following an accident.

About the Author
Neil Davis, owner of Davis Law Center, is a seasoned attorney specializing in personal injury cases. With over 30 years of experience, he has successfully secured millions in compensation for injured individuals. Neil is a dedicated advocate for justice and an active member of legal associations.

Personal injury law is complex and best handled by a competent attorney who can effectively evaluate, prepare, present, and fight to win your case. Neil prides himself on doing all these things for his clients and would be honored to have the opportunity to discuss your case with you.