What To Do After A Michigan Pedestrian Accident
A pedestrian accident in Detroit can turn your life upside down in an instant. Because pedestrians don’t have the protection of a vehicle, they often suffer serious injuries when hit by a car, truck, motorcycle, or commercial vehicle. These injuries can include broken bones, head trauma, spinal cord damage, and internal injuries. Many people face long recoveries, lost wages, and ongoing medical care after these accidents.
Right after a pedestrian accident, things can feel confusing and stressful. Many people don’t know what to do next, what their rights are, or how Michigan law affects them. What you do in these first moments can impact your recovery and your ability to get compensation later. Michigan law does protect injured pedestrians, but insurance companies often challenge these claims and try to pay less. Acting quickly and correctly can make a big difference in your case.
Seek Immediate Medical Attention After A Pedestrian Accident
Getting medical help should always be your first step after a pedestrian accident. Even if you feel okay at first, some injuries can get worse later. Sometimes, adrenaline and shock can hide pain or internal injuries.
Common pedestrian accident injuries include:
- Head and brain trauma
- Neck and back injuries
- Pelvic fractures
- Leg and knee injuries
- Internal bleeding
- Soft tissue damage
Seeing a doctor right away also creates a record that links your injuries to the accident. If you wait too long, insurance companies might argue that your injuries weren’t caused by the crash.
Under Michigan’s No-Fault law, pedestrians may qualify for Personal Injury Protection (PIP) benefits under MCL §500.3101. These benefits may cover medical expenses, wage loss, replacement services, and rehabilitation costs.
Call The Police And Request A Crash Report
A police report is one of the most important pieces of evidence in a pedestrian accident case. Officers typically document driver and witness statements, road and weather conditions, vehicle information, traffic violations, and observations about injuries and fault.
Michigan law requires drivers involved in injury accidents to stop and report the collision under MCL §257.617. If the driver leaves the scene, the crash may become a hit-and-run case, which can create additional legal and insurance issues.
We recommend that injured pedestrians get a copy of the police report as soon as possible. Reviewing it early can help you spot any mistakes or missing details.
Gather Evidence At The Scene If Possible
If you are able, gathering evidence at the scene can help your claim later. Useful evidence includes photos of the accident scene, damage to the vehicle, crosswalk markings and traffic signals, visible injuries, and witness names and contact information.
Pedestrian accidents often happen in places like intersections, parking lots, or crosswalks where there might be security cameras. It’s important to act fast because video footage is often deleted after a few days.
Notify The Appropriate Insurance Company
Michigan’s No-Fault insurance system can be confusing for pedestrians. Unlike drivers, pedestrians might not have their own car insurance. Under Michigan law, PIP benefits can come from:
- The pedestrian’s own auto insurance policy
- A spouse or household relative’s policy
- The insurer of the vehicle involved in the crash
- The Michigan Assigned Claims Plan
Pedestrians generally must file an application for No-Fault benefits within one year under MCL §500.3145. Missing this deadline can result in losing important benefits. We help our clients figure out which insurance applies and make sure all deadlines are met.
Understand Your Right To File A Lawsuit
In addition to No-Fault benefits, injured pedestrians may also pursue a third-party personal injury claim against the at-fault driver. Under MCL §500.3135, injured victims may seek compensation for pain and suffering, emotional distress, excess medical expenses, future lost income, and loss of quality of life.
To claim these damages, your injury must meet Michigan’s “serious impairment of body function” standard. Serious fractures, surgeries, permanent injuries, and traumatic brain injuries usually qualify.
Comparative fault may also apply under MCL §600.2959. Insurance companies sometimes argue that a pedestrian crossed outside a crosswalk or failed to obey traffic signals. Even if a pedestrian shares some fault, compensation may still be available.
Avoid Speaking To Insurance Adjusters Without Legal Advice
Insurance companies often contact injured pedestrians shortly after the crash. Adjusters may request recorded statements or ask questions designed to reduce the value of the claim.
Common tactics include suggesting the pedestrian caused the accident, minimizing injuries, pressuring the victim into a quick settlement, and requesting unnecessary medical authorizations. We advise injured pedestrians to speak carefully and avoid signing documents before understanding their legal rights. Early settlement offers are often far below the true value of the case.
Why Legal Representation Matters In Pedestrian Accident Cases
Pedestrian accident claims frequently involve severe injuries and substantial financial losses. Determining insurance coverage, proving fault, and documenting damages can become complicated quickly.
We work to preserve evidence, communicate with insurance companies, and pursue full compensation for our clients. Our goal is to protect injured pedestrians from unfair blame and ensure their injuries are fully documented under Michigan law.
Frequently Asked Questions About Michigan Pedestrian Accidents
What Should I Do Immediately After A Pedestrian Accident?
The first priority is medical treatment. Call 911 and seek emergency care even if injuries appear minor. Report the crash to the police and request a police report. If possible, gather photos and witness information. Prompt medical documentation and evidence preservation can play a major role in a future claim.
Can A Pedestrian Receive No-Fault Benefits In Michigan?
Yes. Michigan’s No-Fault law allows injured pedestrians to pursue Personal Injury Protection benefits for medical bills, wage loss, and other expenses. Coverage may come from the pedestrian’s own policy, a household relative’s policy, or the insurer of the involved vehicle.
What If The Driver Left The Scene Of The Accident?
Hit-and-run pedestrian accidents can still qualify for benefits. Victims may pursue claims through uninsured motorist coverage or the Michigan Assigned Claims Plan if no applicable insurance exists. Prompt reporting to the police is extremely important in these cases.
Can I File A Lawsuit Against The Driver Who Hit Me?
Yes. Under MCL §500.3135, injured pedestrians may pursue pain and suffering damages if the injuries meet Michigan’s serious impairment threshold. Compensation may include physical pain, emotional distress, future medical costs, and lost earning capacity.
What If The Insurance Company Claims I Was Partially At Fault?
Michigan follows comparative fault rules under MCL §600.2959. Even if a pedestrian shares some responsibility, compensation may still be available. Insurance companies often attempt to shift blame to reduce payouts, which is why strong evidence and legal representation matter.
How Long Do I Have To File A Claim After A Pedestrian Accident?
Michigan law generally requires personal injury lawsuits to be filed within three years under MCL §600.5805. However, claims for No-Fault benefits have additional notice requirements, including the one-year rule under MCL §500.3145.
Contact Our Detroit Pedestrian Accident Lawyers About Your Injury Claim
Pedestrian accidents often leave victims facing serious injuries, medical bills, and uncertainty about the future. We work to protect injured pedestrians, investigate the crash, and pursue the compensation available under Michigan law. Our legal team handles the insurance process while our clients focus on recovery.
If you were injured in a pedestrian accident, contact our Detroit pedestrian 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. Let us help protect your rights and your future.
