Detroit Pedestrian Accident Attorneys

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While we are taught to share the road and that pedestrians have the right of way, it is not something that can be taken for granted. Every year, hundreds of pedestrians are injured and killed in a Michigan car accident. In fact, pedestrian deaths are second only to occupant deaths in motor vehicle accidents.

At Goodman Acker P.C., our Detroit pedestrian accident lawyers are well-versed in handling no-fault insurance claims on behalf of pedestrians and have over 150 years of experience in representing auto injury victims. Our lawyers have dedicated their careers to helping victims recover compensation for their injuries after a Detroit car accident.

What Is a Pedestrian Accident?

Any accident involving a motor vehicle and a pedestrian is considered a pedestrian accident. Pedestrians are more vulnerable to serious injury or death when it comes to an accident with an automobile. The potential degree of damage makes pedestrian accidents particularly devastating, often resulting in life-changing injuries. These injuries are also often accompanied by high medical bills and lost wages, as well as pain and suffering. Hiring a pedestrian accident lawyer from Goodman Acker helps protect your rights and get you the settlement you deserve.

What Are the Leading Causes of Pedestrian Accidents?

The most common causes of pedestrian accidents include:

• Failure to yield. Michigan law states that drivers must yield to pedestrians in the crosswalk when on the same side of the road as their vehicle. Accidents can happen in crosswalks because a pedestrian darts out quickly or drivers don’t obey the law.
• Making left-hand turns. When a driver is focused on crossing traffic, they often lose sight of pedestrians that may also be in the road. Intersections as a whole are dangerous for pedestrians because drivers are focused on oncoming and cross-traffic.
• Inattentive driving. Drivers can be distracted in many ways, whether that’s talking to their passengers, eating a meal they grabbed at the local fast food joint, or texting on their phones. A distracted driver doesn’t have their attention on the road, and in a matter of seconds, this distraction could cause an accident with a pedestrian.
• Driving impaired. Impaired driving includes the use of drugs or alcohol as well as being fatigued or under the influence of certain medicines. Impaired drivers have slower reaction times, impaired judgment, and reduced mental function, making it harder for them to control the vehicle.
• Aggressive driving. Drivers who are speeding or weaving in and out of traffic are dangerous to the road, including pedestrians crossing the street. Aggressive drivers may also forget to use their turn signal to let pedestrians know their intended path, causing pedestrians to walk out in front of them. An aggressive driver may also lose control of their vehicle, hitting a pedestrian.
• Bad weather. Fog, rain, snow, and sleet can all reduce a driver’s ability to see pedestrians in the roadway. Rain, snow, and sleet can also make the road slippery, making it harder for drivers to stop in time to avoid hitting pedestrians.

What Should I Do if I’m Involved in a Pedestrian Accident?

As with any accident, there are steps that you should follow to keep you and the others involved safe, as well as ensure that any future legal claim is covered. These steps include:

1. Move over. When possible, get out of the roadway to avoid further accidents with additional vehicles. You should never move someone with a severe injury or if they’re experiencing neck or back pain. Moving them may cause further damage.
2. Call 911. You will want to summon the emergency medical responders to provide treatment for any injuries. Request the assistance of the police to help with traffic control and start the accident investigation. Always be sure to get a copy of the police report.
3. Get driver information. Ask for the name, address, and phone number of the driver. You’ll also want to request their insurance information, vehicle make and model, license plate number, and possible vehicle identification number (VIN).
4. Collect evidence. Evidence includes any witness statements and photographs of the accident. Photos should include the accident scene, vehicle(s) involved, and any injuries sustained. Make a note of details such as locations of signs, traffic signals, or other important information about the scene. If there are witnesses, be sure to get their contact information along with their statement so that you can contact them later, if needed.
5. Seek medical attention. It’s essential to see a doctor, even if you don’t think you need one, to rule out injuries such as a concussion or internal bleeding. Seeking medical attention protects you from suffering from hidden injuries and demonstrates that you did your best to ensure your health and wellness.
6. Document everything. Be sure to keep records of medical visits, lost wages, missed appointments, and anything else affected by the accident. Insurance claims and legal claims can take time to complete, and having these items documented will save you time in the long run.
7. Hire a lawyer. Being involved in a pedestrian accident is a lot to handle, physically and emotionally. You may want to hire an experienced pedestrian accident lawyer to take over communication with the insurance company and negotiate fair compensation for you that includes future medical payments as well as pain and suffering. Hiring an attorney from Goodman Acker also gives you more time and energy to focus on your recovery.

Yes. Pedestrians can collect no-fault insurance benefits in Michigan if they’ve been involved in a pedestrian accident. The no-fault insurance benefits would be paid by your own auto insurance policy or that of a family member. If you don’t have access to either of these insurance options, then you can apply through the Michigan Assigned Claims Plan for benefits.

Michigan is a no-fault state. This means that pedestrians injured in an accident involving a motor vehicle, even a hit-and-run accident, may be able to collect no-fault insurance benefits. No-fault insurance benefits can include payment of medical bill expenses, lost wages, attendant care services (nursing services), and more.

It is important that the Detroit pedestrian accident attorney you choose to represent you in your Michigan pedestrian accident lawsuit has a complete understanding and thorough knowledge of Michigan’s no-fault laws. Without that knowledge, you may only be able to collect compensation for your pain and suffering and not obtain the no-fault insurance benefits you are also entitled to from the insurance company.

What Happens When the Pedestrian Was At-Fault?

The liability of the pedestrian isn’t considered when collecting no-fault insurance benefits. Still, the portion of fault may affect your ability to collect anything for pain and suffering in a personal injury lawsuit. Under Michigan law, pedestrians can file a personal injury lawsuit if their injuries are a ‘serious impairment of bodily function.’ The impairment must be seen by someone other than just the victim and affect a body function that interferes with leading a normal life. It does not need to be permanent.

Michigan’s comparative fault rule will determine the amount of compensation you’re entitled to based on your percentage of fault. Comparative fault reduces the total award by the percentage of fault you’re allocated for the accident. If you’re found to be 50% or more at fault, you can lose the right to any amount of compensation. Anytime fault is challenged, it would be to your benefit to hire a pedestrian accident attorney to ensure that you’re treated fairly. Contact the knowledgeable team at Goodman Acker for a free consultation. We have the experience and know-how to get you what you deserve.

Some of the most common injuries resulting from a pedestrian accident include:

Share the details of your case during a free consultation: 248-286-8100.

Retain the Services of Our Detroit Pedestrian Accident Lawyers

Because Michigan has a strict statute of limitations for filing this type of claim, it is important that you do not wait to consult with our skilled legal team. Waiting too long to file a lawsuit could mean that your case could be barred forever and you will not be able to collect compensation for your injuries.

Our attorneys will handle your case from the initial investigation, gathering all evidence including contact information of witnesses and insurance information of the driver involved. We will represent you on a contingency fee basis, which means there are no legal fees to you whatsoever unless you receive a settlement or recovery.

Speak with our dedicated legal team to find out if you have a pedestrian accident case today during a free consultation.

Recommended Reading

• What are the consequences of hitting a pedestrian with your car?

LEGALLY REVIEWED BY BARRY J. GOODMAN

Barry J. Goodman has devoted his professional life to keeping courthouse doors open for victims seeking justice. Always a tireless advocate for his own clients, Goodman sees his responsibility as a Detroit personal injury attorney in a broader sense as well. [ Attorney Bio ]