What Should You Do Immediately After a Pedestrian Accident in Michigan?

What are the Responsibilities of a Pedestrian?

The State of Michigan has issued the following advice for safe practices for pedestrians:

• Use sidewalks when available
• Obey all traffic signals, signs, and markings
• Cross streets at a corner by using traffic signals and crosswalks whenever possible
• Face the flow of traffic and stay as far to the left side of the road as possible if traveling on the roadway

What Should Be Done Following a Pedestrian Accident?

Following a pedestrian accident, certain steps are suggested to help maximize your chances of success for any claim that will be filed in the future. The most important step to remember is to stay calm. This will allow you to assess your injuries and the situation. Here are other important steps to follow:

• Call 911: Calling for an emergency response will facilitate medical personnel to your location to help address any injuries that may have been sustained. Additionally, law enforcement will respond to help secure the accident scene and to create an accident report.
• Record information: Even if you have not been injured, it is important to get the driver’s contact information, which includes name, phone number, address, and insurance information. Also, document the name and phone number of any witnesses to the accident.
• Gather information: Take pictures of the surrounding area, including property damage, road conditions, road signs, and damages to the driver’s vehicle.
• Seek medical attention: You should seek medical attention even if you are not visibly injured. Some serious injuries can take several days to manifest, such as a concussion, whiplash, or internal bleeding. A medical report is crucial for any claim filed.
• Call an attorney: Once you have ensured your safety, you should immediately call an attorney. 

How is Fault Established in a Pedestrian Accident?

Almost every personal injury claim is based on establishing negligence or carelessness. Negligence is demonstrated through proof of the following elements:

• Duty: You must prove that the responsible party owed you an expectation of reasonable safety. This is easily satisfied due to the inherent responsibility to safety that every driver has while using the road.
• Breach: You must prove that the responsible party breached that duty of care. For example, a breach of duty would be if the defendant was texting and driving.
• Causation: You must prove that your injuries are the result of the breach of duty caused by the defendant.
• Damages. This is the monetary amount that the injury cost you.

No-Fault Insurance

 A no-fault insurance system means that if you are injured in a car accident, you will make a claim through your own insurance first, regardless of fault. If two or more drivers are involved in an accident, you are able to pursue compensation through the at-fault driver’s insurance if your own insurance does not entirely cover your expenses.

For pedestrian versus vehicle accidents, No-fault Personal Injury Protection (PIP) benefits would be paid in the following order:

• The pedestrian’s no-fault insurance policy if they have one
• The pedestrian’s spouse’s insurance policy if they have one
• A policy that belongs to any family member living with the injured pedestrian

Recovered compensation for no-fault PIP benefits is limited to the pedestrian or their spouse’s coverage limit, which is $50,000 for a driver on Medicaid, $250,000, $500,000, or unlimited.

Pedestrians who do not have insurance and do not have no-fault PIP coverage available can file a claim through the Michigan Assigned Claims Plan, which will provide $250,000 in no-fault coverage. 

Modified Comparative Fault

The State of Michigan recognizes a system of modified comparative fault that reduces the amount of recovered compensation by the percentage of fault allocated to the injured party. For example, if you are awarded 100,000 and are found to be 25% at fault, then you would receive $75,000 in damages. If you are found to be 51% or more at fault for an accident, then you may be barred from any recovery.

What Factors Determine a Fair Settlement for Pedestrian Accidents?

There are several factors used to determine the amount of compensation that is fair in injury claims. Some of those factors are as follows:

• How the accident occurred
• Where the accident occurred
• If the negligent driver has insurance coverage
• The insurance policy limits for the specific case
• The type and location of the injuries (face, legs, arms, etc.)
• The seriousness of the injuries and the type of medical treatment required
• The permanency of scars or other disfigurement
• The age and sex of the victim
• The monetary amount of medical debt accumulated from the accident

What Damages Can Be Recovered Following a Pedestrian Accident?

Economic and noneconomic damages can be recovered in these types of cases. Economic damages refer to losses with an apparent monetary value attached and include:

• Loss of current and future wages
• Cost of medical care
• Property damage
• Out-of-pocket losses

Noneconomic damages are personal and intangible losses without an attached monetary value, such as:

• Pain and suffering
• Loss of enjoyment of life
• Anxiety, depression, PTSD
• Scarring or disfigurement

How Long Do I Have to File a Claim?

The statute of limitations or timeframe in which a personal injury case is allowed to be tried in court is three years from the date of the injury. Filing outside of this deadline may bar your case from being heard.

Certain rare exceptions to this rule exist, including fraud, incapacitation, or fleeing the state. Speak to your personal injury attorney to find out more.

Do I Need an Attorney?

If you or a loved one has been injured as a pedestrian, then you deserve compensation for the trauma you have experienced. Call Sigal Law Firm today at 248-671-6794 or fill out a contact form for a free consultation.