Michigan Pedestrian Accident Lawyer

For pedestrian accidents in Michigan, the wounds that are typically seen are a result of a vehicle striking a pedestrian. Injuries from traffic accidents in Michigan can also occur as a result from the secondary impact point. This scenario occurs when a pedestrian strikes the pavement or another object from being hit by a car in Michigan. A few common injuries that can occur from Michigan traffic accidents from pedestrians being hit by cars are:

• Broken bones
• Lacerations
• Injuries to the Spinal cord
• Bruises
• Concussions
• Swelling
• Hemorrhaging
• Blood clots
• Brain Damage
• Organ Damage or Internal injuries 
• Lower body injuries or fractures
• Tibia breaks or fractures
• Femur breaks or fractures
• Pelvis breaks or fractures

Pedestrian accidents in Michigan are typically caused by the operator of a motor vehicle. This makes it difficult for a pedestrian to avoid an accident while crossing the road or in traffic. There are a plethora of circumstances and situations that lead up to a Michigan pedestrian traffic accident. A few of the most frequent driver errors that lead to pedestrian accidents can include the following:

• Failing to Make A Full Stop at Intersections
• Speeding
• Driving Under the Influence and Distracted Driving
• Illegal U-Turns
• Turning through crosswalk without looking
• Running a red light
• Poor visibility due to weather conditions or obstacles such as parked cars

If you have been injured in a Michigan pedestrian accident, speak with a Michigan traffic accident lawyer at our firm. We will always have a Michigan pedestrian accident lawyer standing by to help you.

In most cases, insured accident victims in Michigan ultimately receive no-fault benefits. However, pedestrians introduce the complexity of the obligated insurer when they lack personal insurance. In this regard, there are specific rules that define the priority of which car insurance company is obligated to pay benefits to pedestrians. In cases where an accident involves a pedestrian, there are five order levels as defined below. The list begins from the personal insurer of the pedestrian and moves down the list according to the following list. For read more about Michigan No Fault Insurance click here.

• First in line is the no-fault insurer of the victim.
• Any resident relatives’ no-fault This can be either the parent, siblings or the victim’s spouse.
• The vehicle owner’s no-fault insurer
• Michigan Assigned Claims facility

Once the specific insurer has been determined, the next step involves accumulating the relevant evidence to make a claim. As a pedestrian, it is important that original documents listed below are sought out before making claims. The main claims are;

• Medical claim records- the main aim of these records is to link the accident and treatment given. It is essential that all documents indicating medical procedures are presented when making a claim.
• Medical bill records- these provide supporting documents for the costs incurred when seeking medical treatment. They are used together with other documents when making claims on the various expenses incurred.
• Police report- this refers to the reports of the first responding officer charged with the investigation of the accident. Police officers usually write a report with diagrams and notes on their impression of the cause of the accident together with any additional witness accounts.
• Photographs- pictures play an essential role in convincing the judge the necessity of the claims. It is important to take as many pictures as possible to show the extent of the injury and the conditions that lead to the accident.
• Witnesses- Any person who was within visual range of the accident can also provide invaluable information on the accident. The accounts of witnesses may provide compelling descriptions and thus, should not be ignored.
• Accounts of the other party- after the accident, the accounts of the other party involved in the accident are also important in making a solid case. Statements like “I did not see you” made after the incident should be recorded.
• Clothes- although these are largely overlooked, marks that were made during the accident can be used as evidence in a court of law especially in accidents that result in serious injuries.
• The motor vehicle handbook – Is a document that outlines the various violations of the accident causing driver. It can be easily downloaded from the internet.

Pedestrians injured in automobile accidents can claim a number of benefits under no-fault insurance. These benefits range from medical bills to lost wages and other suffering claims. The following are the main compensations given to pedestrians involved in accidents.

• Medical expenses- consist of bills incurred during treatment.
• Lost income – consists of compensation for any lost wages that arise from missing work due to injuries or death of the primary source of income.
• Pain and suffering- consists of emotional distress that is incurred from the accident.
• Loss of enjoyment of life- this is a claim on the inability of the injured to enjoy life.

The best way to avoid the legal hassles of dealing with claims is to try and avoid them in the first place. The practice of being actively aware of pedestrians and making a deliberate attempt at avoiding accidents is known as defensive driving. Drivers are required to practice defensive driving skills by ensuring that they are aware of their surroundings at all times. Any pedestrian, vehicle within visual perception is the personal responsibility of a driver regardless of their behaviors.

Drivers are also expected to be extra vigilant in high-risk areas such as schools, cities and at pedestrian crossings. Despite the need for pedestrians to protect themselves, they are limited in the number of maneuvers they can perform. However, they can still make an effort to keep themselves out of harm. Speak with a Michigan Pedestrian accident lawyer at our firm today!

• Avoid the road and always walk on the sidewalks when available. If not, walk along the edges of the road while ensuring to face oncoming traffic.
• Refrain from using distractions such as radios or phones
• Always confirm whether you are visible to the driver and never assume that the driver will obey traffic rules. Be alert and attentive of the surroundings.
• Only cross the road at designated places
• Do not cross between vehicles or by darting across the road aimlessly.
• Avoid any pedestrian restricted highways.

• Ensure you are visible at night by wearing clothing that is visible such as fluorescent or reflecting clothes.
• Avoid walking around aimlessly when under the influence of drugs.

Pedestrian accidents may not only involve vehicles and may involve injuries from surrounding premises. The premises liability introduces a safety standard that is to be upheld by all property owners. When owners of buildings are aware of possible risks and choose to ignore them, then they are liable for any accidents that occur. Slip and fall cases are common examples of such cases.

• Dial 911 and notify the police
• Stay at the scene of the accident and do not leave until police arrive
• Get information from witnesses
• Speak with a Michigan Pedestrian accident lawyer at our firm

Do your best to keep calm, pedestrian and traffic accidents are usually random and violent in nature. Dial 911 and have the police come to the scene as well as an ambulance if there are people injured. Get in touch with your insurance provider and let them know that you were involved in an accident. Never lie to law enforcement as it will have negative results for you in the long run.

Get the contact information of those involved in the traffic accident. Do not admit that you are at fault for the crash. Do not speak to anyone else’s insurance company other than your own. Typically, your own insurance company will handle communications between these parties.

For pedestrian accidents in Michigan, the party who did not act with a reasonable standard of care is considered negligent. Both parties, the pedestrian and driver, can be regarded as negligent. An example of this is when an operator of a motor vehicle is speeding through traffic or an intersection, and a pedestrian is jaywalking. Even though it is typically disputed by insurance, the at-fault party is determined from a report from the police. Speak with a Michigan pedestrian accident lawyer at our firm about this.

For residents in Michigan, “contributory negligence” is covered under no-fault laws. Contributory negligence is a common law doctrine that states that if a party who was hurt in part from their negligence (their negligence “contributed” to the accident occurring); the party that was injured will not be entitled to receive compensation for damages from another person who is at fault for the accident. Under this doctrine, a person who is badly wounded and was found slightly negligent would not be able to find success in court against a party who was found very negligent. With that being said, determining who the at-fault party is, is not as big of a concern. Typically, everything will be covered by “PIP,” and the pedestrian who was injured will not have to determine an at-fault party to receive compensation for personal injury protection damages.

“Negligence” in the law is defined as the failure of a person to act in a way that is reasonably expected. As an example, a reasonable person would typically stop when they see that there is a pedestrian crossing the street. A driver who does not stop and ends up hitting a pedestrian, that driver would then be considered negligent. There are a copious amount of aspects that courts look at when trying to determine negligence. A couple of aspects that can aid in proving that a motor vehicle operator was negligent are:

• The Driver was speeding
• Distracted operation of a vehicle (This can be texting, eating, applying makeup, playing with radio, etc.
• The failure to yield
• Disregard for traffic signals or ignoring them in general
• Drunk driving
• Operating a motor vehicle under the influence of drugs
• Not being considerate to weather conditions while driving (Snow, Ice, heavy rain, etc.)

Schools, playgrounds, and residential neighborhoods should be areas that drivers should be particularity careful. These areas typically have high concentrations of children. A high duty of care should be carried towards children. Children are typically the most at risk of being hit by a car.

In Michigan traffic accidents, pedestrians in some circumstances could be found negligent. In some circumstances, they could be found as partially responsible for their injuries, this will make it so that they will not be entitled to a full settlement. Speaking with a Michigan pedestrian accident lawyer can make this easier to understand. In Michigan, negligence from pedestrians could stem from:

• Disregard for signals in crosswalks
• Jaywalking
• Not giving a car time to stop or jumping in front of a car/truck
• Interrupting traffic flow
• Failure to use the sidewalk when possible
• Being drunk or under the influence of drugs while in traffic

It is highly unlikely that a driver will be charged if a pedestrian is found intoxicated.