Detroit Pedestrian Accident Lawyer

Experienced Pedestrian Accident Attorney in Detroit, MI

Being a part of a bad car accident can be traumatizing enough, but things can get so much worse when you’re a pedestrian. If you are walking on the sidewalk or crossing the street, you shouldn’t have to worry about being struck by a car. Unfortunately, accidents happen every day. You could end up with life-altering injuries or even succumb to those injuries. If this has happened to you, consider pursuing a claim with the help of a skilled Detroit pedestrian accident lawyer.

Why Choose Wigod & Falzon

Unfortunately, accidents happen every day. You could end up with life-altering injuries or even succumb to those injuries. The legal team at Wigod & Falzon understands how horrific a pedestrian accident can be. Our law firm has served Detroit since 1997, and our firm has received numerous awards and recognition by groups like The National Trial Lawyers and Top Attorneys of North America.

Getting hit by a car can result in so much physical, emotional, and mental trauma. It can be difficult to ever fully heal from such a terrible event. Holding the right person accountable for their actions can be a good first step in your healing process. A knowledgeable lawyer can help you put together a strong case, gather evidence that supports your claim, and give you good advice.

Pedestrian Safety in Detroit

Pedestrian accidents can happen at any time or any place, for many different reasons. They tend to happen in places that are more populated with passersby, such as crosswalks and intersections. With busy intersections like Woodward Avenue & Campus Martius Park (near Cadillac Square) in downtown Detroit, where events and festivals are commonplace, pedestrians can be at risk.

According to 2023 data gathered by the Michigan State Police, there were over 2,100 vehicular accidents in the state that involved pedestrians to some degree. Amidst those accidents, there were 183 pedestrian fatalities. To help ensure their own safety, pedestrians in Detroit should:

• Obey crosswalks and traffic signals
• Stay visible and make eye contact with drivers
• Avoid distractions
• Watch for turning vehicles
• Follow the rules of traffic
• Act predictably

While it’s okay to enjoy yourself at an event at Hart Plaza, pedestrians should keep their wits about them when crossing streets in downtown Detroit. Being vigilant could save your life.

Michigan’s Comparative Negligence Law

Michigan’s comparative negligence law affects the amount a person can receive in a personal injury claim. Under this law, if you are found to be a certain percentage at fault, the total amount you may receive in compensation may be reduced by that same percentage. So, if you are found to be 20% at fault for the accident, your compensation package would then be reduced by 20%. This ensures everyone is held accountable for the part they played.

Statute of Limitations

If you decide to move forward with legal action against the individual who hit you with their vehicle, it is important to your case that you ensure it adheres to the state of Michigan’s statute of limitations for personal injury cases, which include pedestrian accident cases.

You don’t want to end up unable to receive compensation because you waited too long. Generally, the state will give you three years to put together a case, speak with an injury lawyer, and file your damage claim.

If you are not able to file your claim before three years have passed, you will likely have to accept that your case won’t move forward. Your chance to pursue compensation will pass without any legal action being taken. Building a strong pedestrian accident case can take a great deal of time, so it’s important that you start putting yours together as soon as you can.

Common Causes of Pedestrian Collisions

Pedestrian injuries are tragically common in Michigan. Between 2022 and 2023, pedestrian-involved crashes rose by 11%, from 1,897 to 2,114. Pedestrian fatalities fell by 33% over that same time period. Whether a collision happens near Windsor, Eastern Market, Woodbridge, or elsewhere in Detroit, it is often due to driver error.

Distracted driving is a common cause of pedestrian injuries. When a driver in Detroit takes their attention off the road or their hands off the wheel, that can create situations that lead to a preventable collision with a bystander. Common sources of distraction include navigation systems, smartphones, and eating while driving. This cause of collisions led to 315,167 injuries across the country in 2024, and those figures include pedestrians.

Other potential causes of pedestrian injuries include speeding, drunk driving, and driver fatigue. In the aftermath of a pedestrian collision, it may not be clear why a driver hit a pedestrian. By gathering evidence and considering traffic laws, an injured pedestrian can build a strong claim that leads to fair compensation.

What to Do Immediately After a Pedestrian Accident

The aftermath of a pedestrian collision can be chaotic, and the decision you make can shape the outcome of your claim and your health. Being struck by a car can be a shocking and jarring experience. Even if your injuries are not immediately apparent, you can protect your safety by calling 911 to report the incident. The dispatcher can send EMS and police to your location to secure the scene of the collision and assess you for injuries.

Allow paramedics to check you over for injuries, even if you do not feel symptoms of bodily harm. Adrenaline and shock can often mask those symptoms. The police may ask questions about what happened in the moments leading up to a collision. Answer those queries objectively and factually without getting into accusations. Be careful about discussing the collision with anyone there, including the driver.

Anything you say could be used against you. Even conversations with your own insurance companies should be limited to reporting that you were injured in a collision. Your lawyer can handle direct talks with other parties, so nothing you say is misconstrued. While at the scene of the collision, take photos of the site of the crash if you are able to do so. Gathering contact information from potential eyewitnesses can also help you build a strong claim.

How Can I Be Compensated for a Personal Injury?

After a pedestrian accident, injured bystanders may be urgently taken to Detroit Receiving Hospital, Henry Ford Hospital, Sinai-Grace Hospital, or elsewhere for treatment. Common pedestrian injuries can include broken bones, lacerations, head or neck trauma, and internal organ damage.

Injuries can quickly lead to financial setbacks from missed work, reduced earning capacity, lost wages, and other hardships. When you work with an experienced injury lawyer, you can be compensated for the harm you endured. A fair settlement can address both economic and non-economic damages.

The tangible losses you endured can be accounted for through economic damages, while intangible forms of harm, like pain and suffering, are reflected through non-economic damages. When both are carefully documented and compiled into a settlement figure, they can lead to fair compensation that accounts for the full scope of injuries and setbacks you endured.

Determining Fault After a Pedestrian Accident

While it may be abundantly clear to you who caused your injury, the claims process and the court system require evidence to back up accusations. Whether your settlement ultimately comes from an insurance carrier or a favorable court verdict, you can work with an injury lawyer to gather the types of evidence that can lead to fair compensation.

Common types of evidence include:

• Police accident report documenting the scene and initial fault findings
• Surveillance or traffic camera footage capturing how the accident occurred
• Eyewitness statements from people who saw the collision
• Photos of the scene, including crosswalks, signals, and road conditions
• Medical records linking the injuries directly to the accident
• Cell phone records showing possible distracted driving
• Vehicle damage reports and repair estimates
• Accident reconstruction analysis
• Toxicology reports if impairment is suspected
• Pedestrian right-of-way signals and traffic light timing data

One factor that an injury lawyer may explore is whether the at-fault driver violated a traffic law in the moments leading up to a collision. A complex injury claim could involve multiple parties sharing liability for a collision. In Michigan, the process of dividing liability is governed by a modified comparative fault system, which allows an injured pedestrian to recover compensation as long as they are not more than 50% at fault.

If a pedestrian is found partially responsible, their compensation may be reduced by their percentage of fault. Insurance companies often raise liability arguments to limit payouts, which is why having your own legal representation is crucial.

Why You Should Hire a Pedestrian Accident Lawyer

If you were hit by a vehicle while walking in Detroit, your top priority should be to hire a pedestrian accident lawyer to manage your pedestrian accident case. Michigan’s pedestrian accident laws are complex, and any successful claim would need to be backed by compelling evidence. A Detroit pedestrian accident attorney can manage your pedestrian accident case with a focus on financially restoring you for the harm you endured.

An injury lawyer can gather the evidence you need to establish liability and fault. They can also handle communications with insurance adjusters, review medical documentation for accuracy, consult with consultants when needed, and identify all available sources of compensation. This level of oversight helps prevent mistakes that could reduce the value of your claim.

Based on the facts and circumstances of the case, they can either pursue a settlement through negotiations with the driver’s insurance carrier or file a claim directly through the civil court system. By carefully managing either the claims process, your lawyer can take steps to make sure that the final settlement or court verdict reflects the full scope of the setbacks you endured.

FAQs

How Long Does It Take to Settle a Pedestrian Accident?

In Detroit, the amount of time it takes to settle a pedestrian accident is going to depend entirely on a number of important contributing factors. These factors include the severity of your injuries, the strength of the evidence that proves negligence, and how responsive the insurance company is. A strong case and a lawyer who is skilled at communication and negotiation can usually reduce the amount of time a claim takes. Consult with a lawyer to help you establish a reliable timetable.

What Happens If You Are Hit by a Car in Michigan?

If you are hit by a car as a pedestrian in Michigan, the first thing you need to do is remain calm. You have just been through a very traumatic event, not just physically but mentally. Have someone call 911 as soon as you can, and check yourself for injuries. If you can, move to somewhere safe and out of traffic. Make a connection with the driver to exchange insurance information and seek out any eyewitnesses.

Does Insurance Cover Hitting a Pedestrian in Michigan?

In Michigan, your car insurance generally covers hitting a pedestrian under the state’s no-fault system. This pays for most medical expenses and lost wages regardless of fault. If the pedestrian sues for non-economic damages such as pain and suffering, the insured’s liability coverage may apply. Under the state’s comparative negligence law, the final amount may be reduced if the pedestrian is found to be partially at fault.

Should I Get a Lawyer for a Pedestrian Accident Case?

If you are an injured pedestrian looking for compensation, you should consider hiring an injury lawyer to represent your interests throughout your case. A skilled pedestrian accident case lawyer can help you gather evidence and important medical documents that can build a solid claim. They can negotiate with opposing lawyers and insurance companies on your behalf. They can remind you of important deadlines and help you file paperwork on time. If necessary, they can explain your case in court.

Reach Out to an Injury Lawyer Today

Being the victim of a pedestrian accident can be humiliating, painful, and life-altering, depending on your injuries. It’s understandable to want justice for yourself. A good lawyer can help you pursue that justice, hold the right people accountable, and get you properly compensated for what you’ve been through.

At Wigod & Falzon, we have helped many in the Detroit area with situations such as yours. We can help you develop a strong case and protect your interests. Contact us to speak to a valued team member about your case.