Can I Sue If I Was Hit By A Car In A Crosswalk In Michigan?
If you are hit by a car while walking in a crosswalk, you may face serious injuries, high medical bills, and uncertainty about what to do next. Pedestrians are vulnerable in these situations, so injuries like broken bones, brain injuries, or spinal cord injuries are common. Many people in Detroit think having the right of way means they will automatically get compensation, but each case depends on the details and Michigan law. Even when fault seems obvious, insurance companies may try to lower or deny your claim. Knowing your legal rights is the first step to protecting yourself and getting the compensation you need.
We help pedestrians across Michigan who have been hurt by careless drivers. No matter where the accident happened, at a crosswalk, intersection, or elsewhere, we find out who was at fault and look for all possible ways to get you compensation under Michigan law.
Michigan Law Requires Drivers To Yield To Pedestrians
Michigan law provides important protections for pedestrians using crosswalks. Under MCL 257.612, drivers must yield the right of way to pedestrians who are lawfully crossing the roadway within a marked crosswalk or at an intersection where traffic control signals permit pedestrian movement.
Drivers must always be careful to avoid hitting pedestrians. Even if someone is not in a marked crosswalk, drivers should stay alert, follow traffic laws, and drive safely.
Sadly, many pedestrian accidents happen because drivers do not see someone crossing or try to get through a light before the pedestrian is safely across.
Common Causes Of Crosswalk Accidents
Crosswalk accidents frequently result from careless driving rather than unavoidable circumstances.
Some of the most common causes include:
- Distracted driving
- Speeding
- Failure to yield
- Running red lights
- Turning without checking for pedestrians
- Driving under the influence of alcohol or drugs
- Poor visibility combined with driver inattention
Many crosswalk collisions occur when drivers focus on oncoming traffic while making left or right turns, but fail to look for pedestrians already crossing the street.
Can You Sue The Driver Who Hit You?
In many cases, yes. If the driver was careless and caused the accident, Michigan law may let you seek compensation beyond your No-Fault insurance benefits.
Michigan’s No-Fault Insurance Act, MCL 500.3101, generally provides Personal Injury Protection (PIP) benefits regardless of who caused the accident. Depending on the applicable policy, these benefits may include medical expenses, wage loss benefits, replacement services, attendant care, and mileage reimbursement for medical appointments.
However, No-Fault benefits do not compensate injured pedestrians for pain and suffering.
To recover those damages, you generally must satisfy Michigan’s threshold injury requirement under MCL 500.3135, which allows a lawsuit against the negligent driver when the injured person has suffered death, permanent serious disfigurement, or serious impairment of body function.
Many pedestrian injuries meet this legal threshold because they involve fractures, surgeries, traumatic brain injuries, spinal injuries, or permanent disabilities.
What If The Driver Claims You Were Partially At Fault?
Insurance companies sometimes argue that the pedestrian contributed to the accident by crossing against the signal, stepping into traffic unexpectedly, or failing to remain alert.
Michigan follows a modified comparative fault system under MCL 600.2959. If an injured pedestrian is partially responsible, compensation may be reduced by the percentage of fault assigned to the pedestrian.
If the injured person is found to be more than 50 percent responsible, recovery of certain noneconomic damages may be limited.
We carefully investigate every accident to challenge unsupported allegations and present evidence showing how the collision occurred.
Evidence That Can Strengthen A Crosswalk Injury Claim
Strong evidence often determines whether liability is established and how much compensation may be recovered.
Important evidence may include:
- Police reports
- Surveillance video
- Traffic camera footage
- Witness statements
- Photographs of the accident scene
- Vehicle damage
- Medical records
- Cell phone records when distracted driving is suspected
Prompt investigation can preserve evidence before it disappears or becomes more difficult to obtain.
Why Acting Quickly Can Protect Your Rights
Michigan law imposes deadlines on personal injury claims. Under MCL 600.5805, most personal injury lawsuits must be filed within three years of the date of the accident. Certain No-Fault benefits are also subject to separate notice and payment requirements.
Early action also allows important evidence to be preserved while witness memories remain fresh and surveillance footage is still available.
Frequently Asked Questions About Crosswalk Accident Claims In Michigan
Can I Sue If I Was Hit While Walking In A Marked Crosswalk?
Yes. If a driver’s negligence caused the collision, you may have the right to pursue compensation. In addition to No-Fault benefits available under Michigan law, you may also bring a third-party claim for pain and suffering if your injuries satisfy the serious impairment threshold established by MCL 500.3135.
What Happens If The Driver Says I Crossed Against The Light?
The insurance company may argue comparative fault. Michigan law allows fault to be divided between the parties under MCL 600.2959. Even if you share some responsibility, you may still recover compensation depending on the percentage of fault assigned to each party. A careful investigation often determines whether those allegations are supported by the evidence.
Do Pedestrians Receive No-Fault Benefits In Michigan?
Yes. Injured pedestrians are often eligible for Personal Injury Protection benefits under Michigan’s No-Fault Act. Depending on the circumstances, benefits may be available through your own automobile insurance policy, a household relative’s policy, or the insurance company covering the involved vehicle.
What Types Of Injuries Are Common In Crosswalk Accidents?
Pedestrians frequently suffer broken bones, traumatic brain injuries, spinal cord injuries, internal injuries, severe lacerations, fractures requiring surgery, and permanent disabilities. Because pedestrians have little protection during a collision, these injuries are often serious.
What If The Driver Left The Scene After Hitting Me?
A hit-and-run accident does not necessarily prevent recovery. Depending on the available insurance coverage, uninsured motorist benefits or other insurance policies may provide compensation. Prompt reporting to law enforcement and preserving evidence are extremely important in these cases.
How Much Is A Crosswalk Injury Case Worth?
There is no standard settlement amount. Every case depends on the severity of the injuries, medical expenses, lost income, future treatment needs, permanent limitations, liability issues, and available insurance coverage. A thorough evaluation is necessary to determine the potential value of a claim.
Should I Speak With The Driver’s Insurance Company?
You should be cautious. Insurance adjusters often seek recorded statements or information that may later be used to dispute liability or minimize injuries. Speaking with an attorney before providing detailed statements can help protect your legal rights.
Talk To Ravid & Associates, P.C. About Your Crosswalk Injury Claim
A pedestrian accident can change your life in an instant. Serious injuries often require months of medical treatment, rehabilitation, and time away from work. We work to hold negligent drivers accountable, protect our clients from unfair insurance tactics, and pursue the full compensation available under Michigan law.
If you were hit by a car while walking in a crosswalk or anywhere else in Michigan, contact our Detroit crosswalk accident attorneys at Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation. We represent injured clients in Detroit and throughout the entire state of Michigan from our office location in Southfield, Michigan. We are ready to protect your rights and help you pursue the financial recovery you deserve.
