Can I Sue a Driver Who Hit Me While I Was Walking?
Getting hit by a car while walking can cause serious injuries very quickly. Because pedestrians have little protection, even a slow-moving car can lead to broken bones, head or spinal injuries, internal damage, or lasting disabilities. In Detroit, injured pedestrians may have different ways to get compensation, depending on how the accident happened, who was at fault, and what insurance is available. A claim can include Michigan No-Fault benefits and a separate claim against the driver who caused the crash. We help injured pedestrians figure out which claims apply and gather the evidence needed to seek compensation.
When Can We Sue The Driver Who Hit You?
A driver can be held responsible if their careless driving causes a crash with a pedestrian. Careless driving includes things like speeding, being distracted, not stopping at a traffic light, turning without checking for people, backing up without looking, or not yielding when required.
Michigan traffic law imposes specific responsibilities on motorists. Under MCL 257.612, drivers proceeding through controlled intersections must yield to pedestrians lawfully within an intersection or adjacent crosswalk in circumstances covered by the statute. Michigan’s basic speed law under MCL 257.627 also requires motorists to drive at a careful and prudent speed that is reasonable for existing traffic, roadway, and other conditions.
A traffic violation may become significant evidence when we investigate whether the driver’s conduct caused the collision.
Does A Pedestrian Have To Be In A Crosswalk To Have A Case?
Not necessarily. Being outside a marked crosswalk does not automatically eliminate an injured pedestrian’s right to seek compensation.
Michigan law also places duties on pedestrians. For example, MCL 257.655 generally requires pedestrians to use sidewalks when they are provided and, when sidewalks are unavailable, to walk on the left side of the highway facing approaching traffic when practicable.
The location of the pedestrian becomes one factor in determining fault. We examine whether the driver was speeding, distracted, impaired, turning improperly, or otherwise failed to respond reasonably to a pedestrian who was visible in the roadway.
A pedestrian’s own conduct may affect the amount recovered, but it does not necessarily end the case.
How Comparative Fault Can Affect A Pedestrian Injury Claim
Michigan applies comparative fault principles under MCL 600.2959. This means fault can be divided between the driver and pedestrian.
Suppose a jury determines that the driver was 80 percent responsible and the pedestrian was 20 percent responsible. The pedestrian’s damages may generally be reduced by that 20 percent share of fault.
The consequences become more serious if the injured pedestrian’s percentage of fault exceeds the combined fault assigned to others. Under MCL 600.2959, economic damages may still be reduced according to the pedestrian’s percentage of fault, while noneconomic damages may be unavailable.
Because fault percentages can directly affect compensation, we do not automatically accept an insurer’s claim that a pedestrian caused or contributed to the collision.
What If A Driver Hits You While Turning?
Turning vehicles cause many serious pedestrian crashes. A motorist may concentrate on approaching vehicle traffic while failing to notice someone walking through the intersection.
Under MCL 257.612, vehicles making certain permitted turns at traffic signals must yield to pedestrians lawfully within an adjacent crosswalk. A driver’s failure to check the crosswalk before turning can support a negligence claim.
Evidence may include traffic-camera footage, nearby surveillance recordings, dash cameras, eyewitness statements, vehicle damage, police reports, and electronic data. We try to preserve this evidence quickly because video recordings can be deleted or overwritten.
Can Michigan No-Fault Insurance Pay A Pedestrian’s Medical Expenses?
Yes, depending on the circumstances and applicable coverage.
A pedestrian injured by a motor vehicle may qualify for Michigan Personal Protection Insurance benefits. Michigan’s No-Fault Act governs how PIP benefits are obtained, including priority rules under MCL 500.3114 and MCL 500.3115.
A pedestrian may have access to benefits through an applicable household or personal policy. When coverage is not available through the applicable priority rules, an injured non-occupant may potentially seek PIP benefits through the Michigan Assigned Claims Plan under MCL 500.3115.
Depending on available coverage, PIP benefits may address accident-related medical treatment, rehabilitation, wage loss, replacement services, and other qualifying expenses.
Can We Sue For Pain And Suffering?
Michigan allows certain injured pedestrians to pursue noneconomic damages against an at-fault driver.
Under MCL 500.3135, tort liability for noneconomic loss arising from the ownership, maintenance, or use of a motor vehicle generally requires death, permanent serious disfigurement, or a serious impairment of body function.
A serious pedestrian collision may cause injuries such as fractures, traumatic brain injuries, spinal damage, torn ligaments, nerve injuries, or permanent mobility problems. Whether an injury meets the statutory standard depends on the medical evidence and how the impairment affects the injured person’s ability to lead their normal life.
We examine far more than the initial diagnosis. Work limitations, inability to exercise, difficulty caring for children, reduced mobility, sleep problems, and interference with ordinary activities may all become important evidence.
What Compensation Can A Pedestrian Accident Claim Include?
Depending on the facts and available insurance, compensation can address both financial and personal losses.
A serious pedestrian injury claim may involve medical expenses, rehabilitation costs, lost income, diminished earning capacity, future treatment, pain and suffering, disability, scarring, and loss of normal life.
When injuries are permanent, we also consider their long-term consequences. Someone who suffers a serious leg injury, spinal injury, or brain injury may require additional surgeries, assistive devices, home modifications, or ongoing care for years.
What If The Driver Leaves The Scene?
Hit-and-run pedestrian accidents create additional challenges, but victims should not assume there is no available claim.
We may investigate surveillance footage, traffic cameras, witness information, vehicle debris, police records, and other evidence in an effort to identify the driver. Depending on the victim’s insurance circumstances, uninsured motorist coverage may also become important.
Insurance policies vary considerably, so we review all potentially available coverage rather than assuming compensation is limited to the driver who fled.
How Long Do We Have To File A Michigan Pedestrian Injury Lawsuit?
Michigan generally provides a three-year limitation period for actions seeking damages for personal injury under MCL 600.5805, although different deadlines and exceptions may apply depending on the circumstances.
No-Fault insurance claims also have separate notice and benefit requirements. Waiting can create problems even when the lawsuit deadline has not expired. Surveillance footage can disappear, witnesses can become difficult to locate, and physical evidence may be lost.
We prefer to investigate pedestrian collisions while the evidence is still available.
Frequently Asked Questions About Michigan Pedestrian Accident Claims
Can I Sue If I Was Hit By A Car In A Detroit Crosswalk?
Yes, you may have a strong liability claim if a driver struck you while you were lawfully using a crosswalk. Michigan law requires drivers to yield to pedestrians in several traffic-signal situations under MCL 257.612. We still investigate the complete circumstances because the driver’s speed, direction of travel, traffic signal, visibility, distractions, and turning movements can affect liability. Video footage and independent witnesses can be particularly valuable when the driver and pedestrian give different accounts.
Can I Sue If I Was Crossing Outside A Crosswalk?
Potentially, yes. Crossing outside a marked crosswalk does not automatically mean the driver escapes liability. Your location and conduct may be considered when comparative fault is assigned, but the motorist’s conduct still matters. If the driver was speeding, distracted, intoxicated, or had sufficient time to see and avoid you, the driver may still bear substantial responsibility. We evaluate the actions of everyone involved rather than assuming that crossing location alone decides the case.
What If The Driver Says I Walked In Front Of The Car?
We do not treat the driver’s statement as the final determination of fault. Drivers involved in pedestrian accidents frequently dispute responsibility. We look for objective evidence such as surveillance footage, dash-camera recordings, skid marks, impact locations, vehicle damage, witness testimony, electronic information, and police findings. Evidence can sometimes show that a driver had considerably more time to react than originally claimed.
Who Pays My Medical Bills After A Pedestrian Accident?
Michigan No-Fault PIP benefits may provide payment for qualifying accident-related expenses. Which insurer is responsible depends on Michigan’s statutory priority rules and the pedestrian’s insurance circumstances. MCL 500.3114 and MCL 500.3115 are important provisions in determining where a pedestrian’s PIP claim should be submitted. When no applicable policy provides priority coverage, the Michigan Assigned Claims Plan may become relevant.
What If I Was Seriously Injured But The Driver Was Not Ticketed?
A traffic ticket is not required for us to pursue a civil injury claim. Police officers make decisions about citations based on the evidence available at the scene, while a personal injury investigation can uncover additional evidence later. Surveillance recordings, witnesses, medical evidence, vehicle information, and crash reconstruction can help establish negligence even when the driver received no citation.
Can I Recover Compensation If I Was Partly Responsible?
Yes, depending on the amount of fault assigned to you. Michigan’s comparative-fault statute, MCL 600.2959, generally reduces damages according to the injured person’s percentage of responsibility. If your fault exceeds the combined fault of the other responsible parties, Michigan law imposes additional restrictions on non-economic damages. We work to challenge unsupported attempts by insurers to shift an unfair percentage of responsibility onto injured pedestrians.
Talk To Ravid & Associates, P.C. About A Michigan Pedestrian Accident Claim
Being struck by a vehicle can leave you facing hospitalization, rehabilitation, lost income, physical limitations, and uncertainty about whether you will completely recover. We investigate pedestrian crashes to determine why they happened, identify available insurance coverage, preserve evidence, and pursue the compensation available under Michigan law.
At Ravid & Associates, P.C., we represent pedestrians who suffer serious injuries because of negligent drivers. We examine both No-Fault benefits and potential claims against the at-fault motorist so that important sources of compensation are not overlooked.
If you or a loved one was hit by a car while walking in Detroit or anywhere in Michigan, contact our Detroit pedestrian accident attorneys at Ravid & Associates, P.C. by calling (248) 948-9696 to receive your free consultation.
