Michigan Pedestrian Accident Lawyer | Farmington Hills Injury Attorney

Among the most serious traffic accidents are those involving pedestrians because pedestrians are completely vulnerable to serious or fatal injuries when struck by a moving vehicle. When struck down by a vehicle in a crosswalk at Orchard Lake and 12 Mile Road, human flesh and bone are no match for a vehicle’s mass and structural strength. Even a slow-moving vehicle can cause fractures and major injuries to a pedestrian.

The fact is that at one time or another, everyone is a pedestrian using the same roads as cars, trucks, motorcyclists, and bicyclists. Unfortunately, this can be a deadly combination. Thousands of pedestrian deaths occur each year, and tens of thousands of pedestrians are injured, oftentimes children. On average, a pedestrian is killed every 2 hours. The Davis Law Center, conveniently located on Northwestern Highway, has successfully represented clients in pedestrian accidents involving a fatality as well as non-fatal accidents with significant injuries, including fractures and traumatic brain injury.

Who Is At Fault In A Pedestrian-Car Crash In Michigan?

In our experience, fault often lies with the driver because the law requires drivers to yield the right-of-way in all instances to avoid a crash. This applies to disabled and blind pedestrians as well. The most common causes of pedestrian injuries we have seen in our 30+ years of practice are drivers guilty of:

• Texting / Distracted Driving
• Speeding
• Illegal Turns
• Failure To Use Headlights
• Alcohol Use

If injured in a vehicle-pedestrian accident, it is crucial to call the police and make an accident report. Witness statements and photographs of vehicle damage and your injuries are also extremely important and will help to establish that the driver was at fault, and not you.

Can I Receive No-Fault Benefits If I Was Injured In A Michigan Pedestrian Crash?

Michigan is a No-Fault state, and pedestrians have unique rights to Personal Injury Protection (PIP) benefits even if they don’t own a car. Under the Order of Priority for Pedestrians, bicyclists, and ORVs (off-road vehicles), the injured victim would look first to their own auto insurer, or that of their spouse or resident relative domiciled in the same household. If there was still no available coverage, benefits could be sought under the Michigan Assigned Claims Plan.

What No-Fault Benefits Are Available To An Injured Pedestrian?

If you are a Metro Detroit pedestrian struck by a car, you may be eligible for:

Allowable Medical Expenses: This covers all “reasonable and necessary” medical charges for your care, recovery, and rehabilitation. Depending on the policy limit applicable to your claim, this can include hospital stays, surgeries, prescriptions, and long-term therapy.

Wage Loss Benefits: If your injuries prevent you from returning to work, No-Fault insurance can reimburse you for 85% of your lost gross income. These payments are available for up to three years from the date of the accident, subject to a monthly statutory cap.

Replacement Services: If you can no longer perform routine household tasks—such as cleaning, yard work, or grocery shopping—you can receive up to $20 per day to pay someone else to handle these chores for you.

Attendant Care: For more serious injuries, you may be entitled to “nursing-type” assistance. This covers the cost of someone helping you with activities of daily living, such as dressing, bathing, or administering medication.

Medical Mileage: The cost of traveling to and from your doctor’s appointments and physical therapy is reimbursable. Keep a detailed mileage log to ensure you are compensated for every trip.

While these benefits provide a critical safety net, the 2019 Michigan No-Fault reforms have significantly complicated the claims process for pedestrians. To learn more about how priority rules work, who is responsible for paying your claim, and how to protect your right to lifelong care, visit our comprehensive Michigan No-Fault Insurance Benefits page.

As An Injured Pedestrian, Am I Entitled To Other Benefits?

Yes. While No-Fault benefits cover your immediate economic losses (like medical bills and 85% of your wages), they do not compensate you for the physical pain, emotional trauma, or the long-term impact the accident has on your quality of life. If the driver was at fault, you may be able to file a third-party negligence claim against them to recover:

Pain and Suffering: Compensation for the physical and mental anguish caused by the accident.

Excess Economic Loss: If your medical bills exceed your No-Fault policy limits or your wage loss extends beyond the three-year No-Fault cap, you can sue the at-fault driver for the difference.

Loss of Enjoyment of Life: Compensation for the inability to participate in hobbies, social activities, and daily routines you once enjoyed.

To pursue these “non-economic” damages in Michigan, your injuries must have resulted in death, permanent, serious disfigurement, or meet a specific legal threshold known as a Serious Impairment of Body Function. Because this is the same legal standard used in car-on-car collisions, the strategies we use to win these cases are identical to those used in our high-stakes auto litigation.

To learn more about how we hold negligent drivers accountable and maximize the value of your settlement, visit our Michigan Car Accident page.

What If I Was Struck In A Crosswalk And The Driver Takes Off?

A hit-and-run is more than an accident; it’s a betrayal of the rules of the road. If the driver who hit you fled the scene, you might feel like your path to justice has disappeared—but at the Davis Law Center, we know where to look for coverage.

Even if the driver is never identified, you are still entitled to No-Fault PIP benefits for your medical care. Furthermore, we can often secure a settlement for your pain and suffering through Uninsured Motorist (UM) Coverage. This is a claim made against your own insurance policy (or a policy in your household) that essentially replaces the missing driver’s insurance.

Warning: Most policies have a “ticking clock” and require you to report a hit-and-run to the police within 24 hours to remain eligible for UM benefits. If you’ve been hit, don’t wait for the police to find the driver—call us so we can start protecting your claim immediately. To see if you qualify for a settlement after a hit-and-run, visit our Uninsured Motorist Coverage page for a detailed breakdown of how to file a claim.

Frequently Asked Questions: Michigan Pedestrian Accidents

Don’t Fight the Insurance Companies Alone

Being struck by a vehicle changes your life in an instant. While you focus on your physical recovery, the insurance companies are already working to minimize your claim. At the Davis Law Center, we don’t let our pedestrian clients get pushed around. We know the Michigan No-Fault system inside and out, and we know how to hold negligent drivers accountable.

You focus on recovery. We’ll focus on the fight.

Get Your Free, No-Obligation Consultation Today

• Call Us 24/7: (248) 865-7740
• Visit Our Office: 30500 Northwestern Hwy, Suite 500, Farmington Hills, MI 48334
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Davis Law Center: your trusted partner for pedestrian accident cases. Serving Detroit, Farmington Hills, Southfield, Macomb County, and all of Michigan.