Pedestrian Accidents In Michigan School Zones
Every day, thousands of children walk to and from school across Michigan. Parents trust that school zones will be safe places, but the reality is that pedestrian accidents often occur in these areas. As attorneys who regularly represent injured pedestrians and their families, we know how devastating these cases can be. A collision in a school zone often involves young children who are most vulnerable to serious injury. Michigan law places a duty on drivers to exercise extra caution in school zones, yet accidents still happen when that duty is ignored. Our role is to help families understand their rights and pursue justice when tragedy strikes.
Michigan School Zone Traffic Laws
Michigan law recognizes the importance of protecting children near schools. Under MCL 257.627(5), reduced speed limits are enforced in school zones when children are present. Drivers must slow down to 25 mph or less during designated hours or when a school crossing guard or flashing lights indicate reduced speeds. Failure to obey these limits is not only a traffic violation but can also serve as strong evidence of negligence if a pedestrian accident occurs.
We also see liability issues arise under MCL 257.601d, which covers moving violations that cause injury or death in a school zone or designated safety zone. Violations of this statute can result in criminal charges against the driver, and they also strengthen the civil claim of the injured pedestrian or their family.
Michigan’s No-Fault Insurance Laws And Pedestrian Claims
Michigan is a no-fault insurance state, which means that injured pedestrians often turn first to their own auto insurance policy or a household policy for medical coverage. Under MCL 500.3105, no-fault benefits apply to pedestrians struck by motor vehicles, covering medical expenses, lost wages, and replacement services.
However, when injuries are severe, victims may have the right to pursue a lawsuit against the at-fault driver. Under MCL 500.3135, a pedestrian can step outside the no-fault system and file a personal injury claim if they suffered death, permanent serious disfigurement, or serious impairment of body function. This threshold is frequently met in school zone accidents, as children often sustain life-altering injuries.
Liability And Negligence In School Zone Accidents
In pedestrian accident cases, proving negligence is central. Michigan courts will look at whether the driver breached their duty of care. Failing to reduce speed in a school zone, texting while driving, or disregarding a crossing guard’s instructions can all demonstrate negligence. If a driver violates traffic safety laws designed to protect children, courts often apply the doctrine of negligence per se, making it easier for victims to establish liability.
It is also important to note that Michigan follows a modified comparative negligence system under MCL 600.2959. This means a pedestrian who is partially at fault for the accident—such as darting into traffic—can still recover damages, but their compensation may be reduced by their percentage of fault. If the pedestrian is found more than 50% at fault, they cannot recover non-economic damages such as pain and suffering.
Potential Damages In School Zone Pedestrian Accidents
When a pedestrian or their family files a lawsuit, compensation can cover a wide range of damages. Economic damages often include medical expenses, future rehabilitation, lost wages for parents who must care for an injured child, and long-term disability costs. Non-economic damages may include pain and suffering, emotional trauma, and loss of quality of life. In the most tragic cases involving wrongful death, families may recover damages under Michigan’s Wrongful Death Act, MCL 600.2922, which allows claims for funeral expenses, loss of companionship, and future financial support.
Why Legal Representation Matters
School zone pedestrian accidents often involve complex issues, from interpreting no-fault coverage to proving negligence under traffic laws. Insurance companies may attempt to minimize payouts, even in cases involving children. Our role as attorneys is to ensure families receive the full compensation they are entitled to under Michigan law. We understand how to investigate these accidents, gather witness statements, obtain video footage from nearby cameras, and work with accident reconstruction experts when necessary. Our focus is always on protecting the rights of the injured and holding negligent drivers accountable.
Michigan School Zone Pedestrian Accident FAQs
What Should I Do Immediately After A School Zone Pedestrian Accident?
If you or your child is struck by a car in a school zone, the first priority is medical care. Call 911 and ensure that police respond to the scene. An official accident report will be critical for any claim. Collect contact information from witnesses, take photos if possible, and preserve any evidence such as damaged clothing or school crossing guard reports. After medical treatment, contact an attorney promptly. We can secure evidence before it is lost and help protect your rights against aggressive insurance adjusters.
Who Pays For Medical Bills If My Child Was Hit By A Car While Walking To School?
Under Michigan’s no-fault insurance system, medical bills are typically covered by the auto insurance policy of the child’s household. If there is no household policy, coverage may come from the Michigan Assigned Claims Plan under MCL 500.3172. These benefits include medical treatment, rehabilitation, and replacement services. However, if the injuries meet the serious threshold, families may also pursue a lawsuit against the at-fault driver for additional damages beyond no-fault benefits.
Can A Driver Face Criminal Charges After A School Zone Accident?
Yes. Drivers who injure or kill pedestrians in school zones may face criminal charges under MCL 257.601d. These charges can range from misdemeanors to felonies, depending on the severity of the injury. While criminal proceedings are separate from civil claims, they can support a family’s lawsuit by establishing fault and negligence.
How Do Courts Define “Serious Impairment Of Body Function” In Michigan?
Under MCL 500.3135(5), a serious impairment of body function is defined as an objectively manifested impairment that affects an important body function and impacts the person’s general ability to lead a normal life. Courts consider the duration of the impairment, the severity of the injury, and how it changes daily living. Injuries such as traumatic brain injuries, fractures, and permanent mobility issues typically qualify under this standard.
What Compensation Is Available In A Wrongful Death Case Involving A School Zone Accident?
If a child tragically dies in a pedestrian accident, the family may pursue damages under MCL 600.2922. Compensation can include funeral and burial costs, loss of the child’s companionship and society, and emotional distress. Additionally, parents may seek recovery for the future loss of financial support the child may have provided. Wrongful death cases are complex, and our role is to guide families through every step with compassion and dedication.
How Long Do I Have To File A Lawsuit After A Pedestrian Accident In Michigan?
The statute of limitations for personal injury claims in Michigan is generally three years from the date of the accident under MCL 600.5805(2). Wrongful death claims also follow this three-year rule. Failing to file within this time can result in losing the right to pursue compensation. It is always best to contact an attorney as soon as possible so we can begin building your case while the evidence and witness recollections are fresh.
Call Ravid & Associates, P.C. For Legal Help After A Michigan School Zone Accident
If you or your child has been injured in a school zone pedestrian accident, you do not have to face the legal and financial challenges alone. At Ravid & Associates, P.C., we are committed to holding negligent drivers accountable and securing the compensation families deserve under Michigan law.
Our attorneys represent clients throughout Detroit and across the entire state of Michigan from our Southfield office. Contact our Detroit personal injury attorneys at Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation. We are here to listen, answer your questions, and fight for your family’s rights.
