What If You’re Injured As A Pedestrian By A Car In Michigan?
As Michigan personal injury attorneys, we have seen firsthand the devastation that occurs when a pedestrian is struck by a vehicle. Unlike car occupants, pedestrians have no protection, which means injuries are often severe and life-changing. Recovering after such an accident involves not only medical treatment but also navigating the complexities of Michigan’s car accident laws. We know that most people are unfamiliar with the rights and benefits available under Michigan’s no-fault insurance system and how to hold a negligent driver accountable. This lack of knowledge can lead to mistakes that harm your case. That is why understanding the legal framework is essential if you are ever in this situation.
Michigan’s No-Fault Insurance Benefits For Pedestrians
Under Michigan’s No-Fault Law, specifically MCL 500.3105, pedestrians injured in a motor vehicle accident are entitled to Personal Injury Protection (PIP) benefits, regardless of who caused the crash. These benefits cover:
- All reasonable medical expenses related to the accident.
- Lost wages for up to three years if you cannot work.
- Replacement services for help with household chores.
Even if you do not own a car or have auto insurance, you may still qualify for PIP benefits through the insurer of the vehicle involved or the Michigan Assigned Claims Plan. The key point is that these benefits are available without proving fault, but you must comply with strict deadlines to file a claim.
Suing For Pain And Suffering Damages
While PIP benefits cover economic losses, they do not compensate you for pain and suffering. To recover these damages from the at-fault driver, Michigan law requires that your injuries meet the “serious impairment of body function” threshold under MCL 500.3135. Courts interpret this as an objectively manifested injury that affects your general ability to lead your normal life.
For example, if your injuries prevent you from returning to work, engaging in family activities, or performing daily tasks for an extended period, you may meet the threshold. In these cases, we can pursue a lawsuit against the negligent driver to recover compensation for pain, suffering, emotional distress, and other non-economic damages.
Proving Driver Negligence
In pedestrian accident cases, Michigan law generally favors pedestrians, but drivers can defend themselves by claiming that the pedestrian was partially at fault. Under MCL 600.2959, Michigan follows a modified comparative negligence rule. This means your compensation may be reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover non-economic damages.
We work to gather critical evidence such as police reports, witness statements, traffic camera footage, and accident reconstruction to show that the driver was negligent. Common examples include distracted driving, speeding, failure to yield, and driving under the influence.
The Importance Of Acting Quickly
Michigan’s statute of limitations for personal injury claims is generally three years from the date of the accident under MCL 600.5805. However, claims for PIP benefits have a much shorter timeline, often within one year of the accident. Missing these deadlines can result in losing your right to recover compensation altogether.
Early legal representation allows us to preserve evidence, communicate with insurance companies on your behalf, and ensure your claims are filed within the legal time limits.
Michigan Pedestrian Accident Frequently Asked Questions
What Should I Do Immediately After Being Hit By A Car As A Pedestrian?
Seek medical attention first, even if you believe your injuries are minor. Call the police to file an accident report, gather contact information from witnesses, and take photos of the scene. These steps help protect your health and your legal rights.
Can I Receive Benefits If I Do Not Have Auto Insurance?
Yes. Under Michigan’s No-Fault Law, you may still receive PIP benefits through the insurer of the vehicle involved or the Michigan Assigned Claims Plan. You do not need to own a vehicle to qualify.
What If The Driver Fled The Scene?
You may still be eligible for benefits and compensation. Uninsured motorist coverage, if available, can help in hit-and-run situations. The Michigan Assigned Claims Plan may also apply. Reporting the accident to the police immediately is critical.
Can I Sue The Driver Even If I Was Partially At Fault?
Yes, but your damages may be reduced based on your percentage of fault under Michigan’s comparative negligence law. If you are more than 50% at fault, you cannot recover non-economic damages like pain and suffering.
How Long Will My Case Take?
The timeline varies depending on the complexity of the case, the extent of your injuries, and whether the case settles or goes to trial. Many cases resolve within several months to a year, but some can take longer if litigation is necessary.
What Types Of Injuries Are Most Common In Pedestrian Accidents?
Pedestrian accidents often result in serious injuries because there is no protection between the person and the vehicle. Common injuries include broken bones, traumatic brain injuries, spinal cord damage, internal bleeding, and severe soft tissue injuries. Even at lower speeds, the force of impact can cause lasting harm.
Will My Medical Bills Be Paid If I Was Crossing Outside Of A Crosswalk?
Yes, you may still receive PIP benefits for your medical expenses, even if you were not in a crosswalk. However, your actions may be considered when determining fault for a pain and suffering claim, which could reduce your recovery under comparative negligence laws.
Do I Have To Go To Court To Get Compensation?
Not always. Many pedestrian accident cases are resolved through negotiated settlements with insurance companies. However, if the insurer disputes liability or the value of your claim, filing a lawsuit and going to court may be necessary to secure fair compensation.
Call Ravid & Associates, P.C. For Exceptional Representation
At Ravid & Associates, P.C., we understand the physical, emotional, and financial toll a pedestrian accident can cause. Our legal team is dedicated to protecting your rights and securing the compensation you deserve under Michigan law. If you or a loved one has been injured as a pedestrian, we are ready to fight for you.
Contact our Detroit pedestrian accident attorneys at Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation. Our office in Southfield serves clients in Detroit and throughout the entire state of Michigan.
