Michigan Pedestrian Accident Lawyer
All vehicles must give the right-of-way to pedestrians within a pedestrian crossing that is on the same side of the road as the automobile; or when a pedestrian is approaching closely enough from the opposite direction of the roadway to be in danger. Michigan pedestrians should not leave the curb suddenly and enter a pedestrian crossing into the path of a vehicle that is so close the car is unable to yield. Pedestrians must give the right-of-way to vehicles when crossing outside of a marked pedestrian crossing at an intersection. If you are a pedestrian hit by a car in Michigan, speak with a Michigan pedestrian accident lawyer at our firm. We have some of the best Michigan car accident lawyers in the state.
If you have been wounded in a pedestrian accident in Michigan, feel free to contact us. Our Michigan pedestrian accident attorneys will be happy to address each one of your questions as well as aid you if you have been injured in a Michigan pedestrian accident.
Michigan Vehicle Codes Referring To Pedestrians
- Traffic Signals – Michigan Pedestrians and drivers are both required to be well aware of and follow traffic control signals. Red and yellow arrow indicators, crosswalk signs, pavement markings, and other traffic signals give safe methods of traffic flow for both drivers and pedestrians. Always be aware of designated pedestrian crossing areas to avoid hitting a pedestrian in Michigan.
- School Zones – School zones are an especially busy area for pedestrians and drivers should be aware of marked school speed areas and times of operation. Drivers and pedestrians must follow all electronic signals as well as those from crossing guard personnel. Drivers should pay special attention when approaching school areas, even when normal school is suspended or dismissed. After-school and summer programs are numerous, and pedestrians can still be present. Getting into a pedestrian accident in a school zone is horrible. You should avoid Michigan school pedestrian accidents at all costs.
- Pedestrians Prohibited – Pedestrian traffic is prohibited explicitly on specific highways and limited access highways. Such roadways contain large volumes of high-speed traffic and are unsuitable for pedestrians. Only emergency pedestrian traffic is allowed, like a case of vehicular breakdown or accident.
- Emergency Workers – Special codes protect emergency workers, solid waste collection personnel, utility service personnel, and road maintenance personnel along the roadways. When workers and their vehicles are present, drivers should exercise extra caution regarding speed and vigilance. Stiff penalties can be imposed on drivers who ignore workers along the roadside because of their vulnerability to injury.
Get In Touch With A Michigan Pedestrian Accident Attorney
The Elia & Ponto Law Firm has helped Michigan pedestrian accident victims for many years. If you have been injured in a Michigan pedestrian accident, please contact a Michigan Pedestrian accident lawyer at our firm for help. Pedestrians have legal rights, request a free consultation for us to help you defend yours. We are also suited to help victims of bicycle accidents and Michigan pedestrian accidents as well as those seeking help with Michigan social security disability. Speak with a Michigan car accident lawyer at our firm today!
Michigan Pedestrian Traffic Law FAQ's
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
- Injuries to the Spinal cord
- 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
- 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.
- 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
- 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.
Michigan Pedestrian Accident FAQ's
Being a responsible and vigilant driver is in important. There are various amounts of distractions that can get in the way of being a good driver. Wildlife, text messages, phone calls, music, and Michigan wildlife are just a few to name. It is essential to anyone traveling Michigan roads to be vigilant of pedestrians crossing the road and to minimize distractions. The NHTSA reports that roughly 75,000 pedestrian accidents occur throughout our country every year. This leads to over 4,000 pedestrian accident deaths annually. To make things even more realistic, it is predicted that every other hour a pedestrian will lose his or her life due to an accident, and every seven minutes a is pedestrian injured.
In Michigan, it is required that pedestrians should make full use of a sidewalk if one is available. Michigan auto law also requires that if there is no available sidewalk, pedestrians that are walking or running, should utilize the very edge of the street and should be moving against the flow of or facing oncoming traffic. That way both parties, the pedestrian, and the traffic can be fully aware of each other.
Some of the most dangerous Michigan pedestrian accidents occur when a vehicle hits a pedestrian someone who is either crossing the road or walking or running in it. There has been an alarming rise in pedestrian accident fatalities in recent years. The Governors Highway Safety Association reports that the amount of pedestrians that lost their lives in traffic jumped almost 11% in the year 2016. This means to almost 6,000 pedestrians, the largest increase in a single year in our countries history for pedestrian fatalities. A few known reasons behind this spike are:
- Drivers speeding
- Drunk Driving
- People who are distracted while driving
- Distracted pedestrians (cell phone use is a large cause of this).
- There are more people driving in general
- More pedestrians are running or walking through traffic
Michigan pedestrian accidents typically occur when cars, trucks, motorcycles or other vehicles strike a pedestrian. Statistics show that roughly 25 percent of accidents involving pedestrians are caused by people tripping over cracked pavement or uneven cement on sidewalks. The law in Michigan requires that municipalities ensure that sidewalks in their areas reasonably well kept and in safe condition for use. Pedestrians that are wounded as a result of defective sidewalk conditions may be entitled to file a claim against the agency who is responsible for maintaining and repairing the sidewalk that you or a loved one was injured on. Speak with a Michigan pedestrian accident lawyer at our firm today! We will always have a Michigan car accident lawyer ready to help you!
Co-owner and Managing Partner
Member of the Michigan Bar Association and active member of the metro Detroit Chaldean community. Mr. Elia received his Bachelor’s Degree in psychology from Wayne State University (2008) and his Juris Doctor from The University of Detroit Mercy School of Law (2011).View Profile
Co-owner and Managing Partner
Member of the Michigan Bar Association and Michigan Association for Justice member. Mr. Ponto received his Bachelor’s of Science in Economics from The Ohio State University and his Juris Doctor from The University of Detroit Mercy School of Law.View Profile
Attorney David Klein attended the James Madison School of Political Science at Michigan State University where he graduated with a degree in Political Theory and Constitutional Democracy in 2009. David then attended Wayne State University and graduated with his Juris Doctor in 2012.View Profile
Attorney Robert N. Heston represents plaintiffs in all matters of litigation including insurance coverage, general negligence, wrongful death, premises liability, commercial carrier, product liability, third party, first party, UIM/UM medical malpractice, wrongful death, catastrophic claims and police…View Profile
Attorney Kevin Kashat is both a member of the State Bar of Michigan and a lifelong resident of Metro Detroit. Mr. Kashat earned his Bachelor’s degree from Wayne State University and subsequently earned his Juris Doctor degree from the University of Detroit Mercy School of Law. While in law school.View Profile
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