May 14th, 2021
When a pedestrian is struck by a car or truck, the results can be catastrophic. Unlike a driver, the pedestrian does not have a vehicle around them to provide protection from an accident. If you were injured or someone you love was killed in a pedestrian accident with a car, the attorneys at Muth Law, P.C. can help.
Causes of Michigan Pedestrian Accident Injury
Pedestrians are struck, injured, and even killed by automobile drivers who were not paying attention, were violating traffic safety laws, or simply did not see the pedestrian. Specifically, automobile accidents involving pedestrians are caused by drivers who were:
- Running red lights
- Disobeying traffic signs and other road markings
- Making turns without paying attention to people in crosswalks or on the sidewalk
- Driving while distracted
- Not driving safely in poor weather conditions
- Driving under the influence of drugs or alcohol
- Driving while tired
Tips to Avoid a Michigan Pedestrian Accident Injury
If you or a family member are walking, you can help avoid being struck by a driver in a car, truck, or other motor vehicle by:
- Always paying close attention to your surroundings
- Wearing bright or reflective clothing, especially when walking at dawn, dusk, or after dark.
- Paying extra attention at night
- Using a flashlight when walking after dusk
- Avoiding distractions like loud music or your cell phone
- Crossing in crosswalks
- Obeying traffic signals
- Making eye contact with drivers before entering the street
If you are driving, you must take extra care to be on the lookout for pedestrians. Drivers often don’t see a pedestrian until they are right on top of them. In this respect, pedestrian accidents are similar to accidents involving motorcycles: the drivers will say they simply did not see the pedestrian, even though the pedestrian was plainly visible.
The unfortunate reality is that many drivers don’t expect to see pedestrians on the road. As a result, the driver’s brain fails to process that there is a pedestrian on the road. After the accident, the driver will say that they did not see the pedestrian. The simple answer to avoid hitting a pedestrian, then, is to train your brain to expect to see pedestrians on the road.
Other ways to avoid hitting pedestrians include:
- Don’t drive while distracted
- Don’t text while driving
- Don’t drive while tired
- Don’t drink and drive
- Don’t drive aggressively
- Don’t speed
What to Do If You Were Injured in Pedestrian Accident
If you were a pedestrian who was injured in an accident with a car, Michigan’s No-Fault Personal Injury Protection (PIP) benefits can help.
If you, your spouse, or another relative who lives with you has No-Fault PIP insurance, you can file a claim through your insurance carrier.
If you do not have No-Fault PIP insurance, file your claim with the owner or registrant of the motor vehicle involved in the accident.
A pedestrian injured in an accident with a motor vehicle is entitled to compensation for past and future medical bills, lost wages, household benefits, attendant care services, and payment for other medically necessary care and treatment.
But determining who will pay for your injuries after a pedestrian accident can be difficult and confusing, and the insurance company will try to pay you as little as possible. At Muth Law, our lawyers will guide you through the process, prepare and submit the required paperwork, and fight to make sure that you receive full and fair compensation for your injuries.
What If the Pedestrian Was at Fault?
Under Michigan’s No-Fault PIP insurance, you are entitled to no-fault insurance benefits even if you were partially, or even completely at fault for causing the accident.
Additional Compensation for Pain and Suffering
If you were injured in a pedestrian accident and were not at fault, you can seek additional compensation for pain and suffering. This compensation is separate from any benefits available under Michigan’s No-Fault Personal Injury Protection.
To recover compensation for pain and suffering after a pedestrian accident, you must file a claim against the negligent driver and the owner of the vehicle driven by the at-fault driver. To succeed, you must prove that the driver was negligent and that the driver’s negligence was the cause of your injuries and your pain and suffering.
This is known as a “bodily injury” or “personal injury” claim and is completely separate from benefits under Michigan’s PIP.
In a bodily injury claim, you can seek compensation for physical pain and suffering, loss of enjoyment of life, psychological damages, disability, and scars caused by the accident.
Contact Muth Law for a Free, Confidential Consultation
If you were injured in a pedestrian accident in Michigan, you need to focus on your recovery, not trying to understand Michigan’s no-fault insurance laws. The personal injury attorneys at Muth Law have decades of experience representing injured people and negotiating with insurance companies to secure maximum financial recovery for our clients.
Categories: Auto Accidents