One of the scariest types of car accidents is one where a
car hits a pedestrian. These accidents often end with the pedestrian suffering life-threatening injuries. If you were a pedestrian hit by a car, you probably have a lot of questions about how you will pay for the medical treatment you need. One of those questions might be “Can injured pedestrians be held at fault for pedestrian accidents in Michigan?”
Can a Pedestrian Be at Fault?
“Can injured pedestrians be held at fault for
pedestrian accidents in Michigan?” is a two-part question. The first part of the question asks whether a pedestrian can be at fault. The simple answer is that they can. Both drivers and pedestrians have a responsibility to take care to avoid accidents. Typically, drivers have a greater duty and are more regulated. But that doesn’t mean pedestrians are free to act as they please.
Pedestrians may be at fault if they violate the law. Some common pedestrian actions that cause accidents are:
- Roughhousing near a street
- Walking on or near a street while drunk
- Crossing streets at places other than intersections
- Crossing a street at night while wearing dark clothing
- Ignoring traffic signs and signals that apply to pedestrians
- Walking on the road, especially when sidewalks are available.
Even if a driver is being responsible and watching for pedestrians, they can react only so quickly when someone steps in front of their vehicle. If you do something that doesn’t give a driver enough time to react, you may be at fault for the accident.
Can Pedestrians Be Liable in Car Accidents?
The other implicit part of the question “Can injured pedestrians be held at fault for pedestrian accidents in Michigan?” is whether pedestrians can be liable. That part of the question is trickier to determine due to fault rules in Michigan.
When a pedestrian and a car collide, Michigan laws treat this as a car accident, despite only one vehicle’s being involved. And that matters, because Michigan is a no-fault state. This means that your car insurance covers your injuries even if the other party was at fault in the accident. Even if the pedestrian was responsible for an accident, typically liability won’t matter. The driver’s car insurance will pay for the injuries of the passengers in the vehicle.
How Pedestrians Collect Damages
Who pays for the pedestrian’s injuries then? If the pedestrian has car insurance, then they are covered by their policy despite the fact that they were not in a car at the time of the accident. But not all pedestrians own cars. What happens if the pedestrian doesn’t have car insurance? Michigan law allows pedestrians
to receive compensation from the Michigan Assigned Claims Plan (MACP) as long as they don’t own an uninsured vehicle.
The Effect of Comparative Negligence Laws/h2>
While Michigan is a no-fault state, it doesn’t mean that fault is meaningless when you’re in a Michigan car accident. There’s still a reason to ask, “Can a pedestrian be at fault?” That reason is comparative negligence, a legal concept that says you will receive reduced compensation from a car accident based on the percentage of fault you are determined to have had for the accident. For example, if you were 30% responsible for an accident, your damages would be reduced by 30%.
Comparative negligence laws are one of the main causes of disputes between insurance companies and claimants. Your insurance company could claim that you are more responsible than you are in reality, effectively denying you the money you deserve.
If you believe that you are being treated unfairly, you have several options:
- Provide additional evidence, like a police report or the fault determination of the other insurance company
- Retain an attorney to negotiate for a higher payout
- Request a second evaluation as part of an appeal
- Take your case to court.
Regardless of how you respond, you should consult with an attorney before making a decision. Attorney consultations are usually free, so the only cost will be time.
How to Avoid Pedestrian Accidents
According to the National Highway Traffic Safety Administration (NHTSA), roughly 55,000 pedestrians were injured and over 6,000 were killed in pedestrian accidents in 2020. This means that a pedestrian was killed every 81 minutes. That’s a terrifying number and one that you can’t afford to ignore if you are a driver or a pedestrian.
The best way to avoid having to worry about pedestrian fault laws is to avoid being in an accident in the first place. If you are a driver, you should:
- Avoid backing out of driveways
- Never drive while under the influence of alcohol or drugs
- Avoid passing vehicles if driving near crosswalks or intersections
- Slow down while driving in adverse conditions like rain or darkness
- Slow down when approaching crosswalks, even if you don’t see pedestrians
- Watch for pedestrians and give them extra room when they’re on or near the road
- Stay under the speed limit in areas where pedestrians are common, like school zones.
Typically, even if a pedestrian is violating the law, the driver will be at least partially responsible for a pedestrian accident. As a driver, you should take extra care.
If you are a pedestrian, you should also try to avoid accidents. This means that you should:
- Always cross at a crosswalk if possible
- Obey walk signs and other traffic signals
- Walk on the sidewalk whenever you can
- Wear highly visible clothing when walking
- Slow down and look for cars whenever you’re about to cross a driveway
- Walk along the edge of the road and against the flow of traffic if a sidewalk isn’t present.
Even if you aren’t at fault for an accident, if you are careless, you could get badly injured.
Can Pedestrians Be Liable in Car Accidents?
Not only can pedestrians be liable in a car accident, but that liability can also limit the amount of compensation they get after an accident. That’s a daunting outcome if you’ve been seriously injured and need medical attention. Walk cautiously, and, hopefully, you will avoid ever having to ask this question.
If you are involved in a pedestrian accident, call 248-286-8100 to speak with an attorney from Goodman Acker immediately.
