Michigan Pedestrian Accident Lawyer

Michigan Pedestrian Accident Attorney

A car accident can be devastating. However, pedestrians hit by cars often suffer severe or even deadly injuries. If you find yourself in such a situation, consulting an experienced Michigan pedestrian accident lawyer can help you navigate the complexities of your case and see that you receive the compensation you deserve. It is also helpful to understand your legal rights when hit by a car while walking so you can make informed decisions about your recovery.

No matter the situation, you need a lawyer who can get you the most favorable outcome. Because pedestrian crashes are legally treated as a subset of Michigan car accident claims, working with a reliable Michigan car accident lawyer familiar with pedestrian cases can strengthen your claim from day one. Experience, understanding, and empathy are critical for these kinds of cases. At Wigod & Falzon, we prioritize these qualities to see that you receive the strongest representation possible.

What Are the Main Causes of Pedestrian Accidents?

The National Center for Health Statistics (NCHS) estimated that nearly 9,000 pedestrians died in traffic accidents in 2024. Understanding the primary causes of pedestrian accidents is critical when you’re pursuing a legal claim. While it might seem obvious that the driver was at fault and therefore liable, digging into the root cause can help strengthen your pedestrian accident claim, especially when negligence is involved. Some of those common causes can include:

• Failure to yield at crosswalks
• Left or right turns across crosswalks
• Distracted driving, including phone use
• Speeding in downtown corridors or school zones
• Impaired driving
• Backing up in parking lots or driveways
• Nighttime or low-visibility crashes
• Passing a stopped vehicle that’s yielding to a pedestrian
• Unsafe lane changes near sidewalks or crosswalks
• Ignoring traffic signals or the right-of-way of pedestrians

Each of these behaviors can lead to serious injuries, and documenting every aspect of your crash is critical to a successful pedestrian accident claim. At Wigod & Falzon, our team takes a thorough and extensive approach as we investigate the true cause to establish liability.

What to Do After You’ve Been Hit by a Car in Michigan

Being struck by a vehicle is a frightening experience, but knowing what steps you need to take immediately after can protect both your health and your legal rights. Acting quickly and carefully can make a big difference when pursuing a pedestrian accident claim, and some of the most important steps include:

• Get medical help right away. Even if your injuries seem minor, see a doctor as soon as possible. Proper medical documentation is essential for both your recovery and your claim.
• Preserve evidence. Take photos or videos of the scene, your injuries, your clothing, and your shoes. Note the exact location of the incident, the road conditions, and any other details that seem relevant.
• Collect the contact information of the driver and any witnesses. This includes names, numbers, insurance details, and license plate numbers. Witness accounts can be crucial to your case.
• Request the accident report number. Contact local law enforcement to obtain the official report. This report could be a key piece of evidence for your pedestrian accident claim.
• Avoid making recorded statements until you’ve spoken to a lawyer. Insurance adjusters could try to guide you toward making statements that could be held against you later on.
• Start a symptom and impact log. Track your pain, medical symptoms, and work limitations daily for the first month. These kinds of detailed records can help demonstrate the full effect of your injuries in a pedestrian accident claim.

Taking these steps can significantly strengthen your case while keeping you protected medically and legally. For guidance, support, and aggressive representation, our attorneys can help you navigate Michigan’s pedestrian accident laws and seek financial recovery.

Michigan’s No-Fault Law Explained

In Michigan, if a car injures a pedestrian, the pedestrian can receive no-fault insurance benefits under the no-fault law. These apply even if the driver doesn’t own the automobile or has an auto insurance policy.

To qualify for these benefits, you need to live in Michigan. If you live out of state, your car must be registered and insured in Michigan. For no-fault benefits, you can use your insurance or a family member’s insurance if you live with them. If neither applies, then you can get benefits through the Michigan Assigned Claims Plan.

Personal Injury Protection (PIP) Benefits

PIP benefits can pay for your lifelong medical bills, lost earnings, care services, household help, and other key medical expenses following an accident.

Getting dedicated Michigan no-fault PIP benefits lawyer representation is helpful because receiving these payments is difficult.. The process has many potential issues, as insurers could dispute coverage details and doctor responsibilities, which frequently obstruct and delay payment of your benefits. Some key elements to consider when pursuing PIP benefits include:

• Coverage disputes. It’s hard to deal with insurance companies that won’t give you the full benefits you need, especially when you’re dealing with the physical and emotional effects of an injury.
• Your medical providers’ role. Insurance companies may challenge the medical treatment you receive. They may also dispute the necessity of certain procedures or treatments.
• Your choice of medical provider. In Michigan, you can choose your own medical provider for the treatment of your injuries. However, your insurance may require you to undergo an Insurance Medical Examination (IME) with a doctor of their choosing.
• No-fault rules. In Michigan, to claim compensation for pain and suffering, your injury must be severe enough. You can’t pursue legal action for just any injury; it must be serious enough to meet specific rules for additional compensation. Your PIP attorney can guide you on meeting this threshold.

To prevent usual errors when making a claim, you need to know the claim rules and notify your insurance company quickly. It is often helpful to review a personal injury case checklist to ensure no deadlines or documentation requirements are overlooked. Failure to do so can result in the loss of your right to benefits. Additionally, it’s important to keep detailed records of all medical treatment and expenses related to your injury.

What Compensation Can You Recover After a Michigan Pedestrian Accident?

A pedestrian accident may leave victims facing severe physical injuries, emotional trauma, and financial uncertainty. Because pedestrians have little protection against the force of a moving vehicle, these accidents often result in lengthy hospital stays, multiple surgeries, and months, or even years, of recovery. This can coincide with mental health struggles and lifestyle changes, with physical pain exacerbating mental struggles and vice versa.

While every case is unique, and no case outcome is certain, Michigan pedestrian accident laws may allow injured pedestrians to recover compensation for both their economic and non-economic losses, depending on the circumstances of the accident.

Understanding the types of damages available in your case can help you appreciate the full value of your claim and avoid accepting an insurance settlement that does not fully account for your needs.

Medical Expenses

Medical treatment is often the single largest and most cumbersome financial burden following a pedestrian accident. Given how a person may face a massive imbalance of power when they are struck by a car or truck, or even a motorcycle or bicycle, injuries can be severe and expensive.

Most accident victims want to get justice and recover these damages first and foremost. Common types of damages that fall under the scope of medical expenses in insurance settlements and pedestrian accident court cases can include:

• Initial medical examinations following the accident to assess injuries
• Ambulance transportation if necessary for initial examinations or emergency surgery
• Surgical procedures, which can include casting, stitches, and more
• Hospitalization for extended periods of recovery or multiple procedures
• Diagnostic imaging, including X-rays, CT scans, and MRIs
• Appointments with specialists like brain surgeons, spine experts, and others
• Prescription medications for pain, infections, recovery, and other needs
• Follow-up medical care like rehabilitation, check-ups, stitch removal, and more
• Physical, occupational, speech, neurological, cognitive, or pain therapy
• Home modifications and assisted living resources

In serious cases, a victim may require ongoing treatment that lasts for months or even years. Don’t try to manage these medical costs alone. While you focus on recovering by adhering to doctor’s orders, our law firm can work hard with our more than 25 years of experience to secure the compensation you need to cover current and future medical bills.

Lost Wages and Loss of Future Earnings

Many injured pedestrians cannot immediately return to work. Some are unable to perform their previous job duties for weeks or months, or even permanently. This diminished earning capacity could jeopardize their long-term financial potential, a matter that’s unfair to dedicated professionals and can also add to the struggles of balancing medical debt.

Compensation in this category can cover:

• Lost wages
• Lost bonuses or commissions
• Missed employment benefits
• Loss of ability to perform essential duties
• Reduced future earning capacity
• Loss of future employment opportunities

Pain and Suffering

Not every loss has a specific dollar amount attached to it, but that doesn’t mean it’s a burden you must bear unassisted. Michigan pedestrian accident laws allow you to pursue damages for pain and suffering after your accident, which may include:

• Chronic pain
• Physical discomfort
• Emotional distress
• Anxiety
• Depression
• Post-traumatic stress disorder (PTSD)
• Loss of enjoyment of life
• Strained relationships
• Mobility problems
• Loss of bodily functions
• Loss of sexual functions

If your life has been changed because of a pedestrian accident, our law firm deeply empathizes with your struggles. We can work diligently to make these “invisible” struggles understood in the legal system, using a technical, professional, and sensitive approach to articulate the full scope of your damages.

You can count on our legal team to use our in-depth knowledge of pedestrian accident claims to help you quantify and convey these damages as you seek an appropriate settlement.

Permanent Disability and Disfigurement

Some pedestrian accidents can leave victims with life-changing injuries, including traumatic brain injuries, spinal cord injuries, amputations, and severe burns. When this happens, it can feel like your confidence, personality, routine, and very essence of self have all been harmed or taken away.

Permanent disabilities may require lifelong medical care, adaptive equipment, and significant lifestyle adjustments. They can also lead to long-term complications that may develop far later in life, such as infections from surgeries to remove scar tissues, adverse reactions to medications for pain management, or the slow erosion of bodily functions due to a brain injury.

Compensation can account for these burdens, and may also account for permanent scarring, disfigurement, and the lasting impact an injury has on a person’s ability to live independently and participate in activities they once enjoyed.

Property Damage and Other Financial Losses

Just because a pedestrian is traveling on foot doesn’t mean they won’t incur financial and property losses in an accident. Compensation can cover losses like cell phones, laptops, backpacks, eyeglasses, dental plates, clothing, or other personal items that may have been damaged or destroyed due to the negligence of the accused party.

Our law firm can take a detailed and thorough approach to assessing your losses, helping you to recover fully by getting the accurate, comprehensive settlement to match your experience.

Why a Person Must File a Claim Quickly After an Accident

An injured person generally has three years to file a claim after a pedestrian accident in accordance with Michigan law. Failing to act within this timeframe can leave a person without legal recourse, even if the damages they suffered would have been covered had they acted in time.

The statute of limitations can put pressure on a person because they may be conflicted about whether they want to pursue a claim. Some people are embarrassed about what happened, while others may fear the legal system’s cost or complexity. Our law firm makes it easy for you to make the decision to file and meet the three-year deadline by:

• Processing your claim so you can focus solely on recovery while we handle the legal side
• Empathizing with your situation and showing you the sensitivity you deserve
• Only taking a fee if we recover a settlement, so you never take a financial loss with us

Our team knows that three years can seem like a long time, but things can change quickly, and many people simply neglect to follow up on their claim if they do not make it an immediate priority. The longer you wait, the weaker your case may become. Consider the following:

• Eyewitness testimonies can change as memories fade, even when an accident was impactful and memorable in the moment.
• Camera footage can be erased, causing key evidence that may prove fault beyond a doubt to be lost forever and leaving you to rely on lesser evidence.
• Motorists who should take accountability may become more resistant over time, as their stories and minds change, often due to a defensive attitude to avoid accountability.

The statute of limitations may be three years in most cases, but you are always better off reaching out to our law firm as soon as possible. It is important to remember that serious injuries can require months of treatment, take months to fully manifest, and lead to complications that may seem unrelated if a causal link is not demonstrated quickly.

When you connect with our firm, we can begin working on your claim, providing a legal foundation to help you pursue damages as the full extent of your injuries becomes apparent. All it takes is one call to our highly reviewed law office, and your claim can be in motion. Hiring legal support can make any claim easier to prove with evidence, and make you more likely to recover the full scope of compensation you need for your total damages.

How Is Fault Determined in a Michigan Pedestrian Accident Case?

When someone is involved in a pedestrian accident case, they may wonder how to prove fault. Some pedestrians are quick to admit fault, even if they do not realize they are doing so. Saying things like “I must have been in the way” or “I should’ve waited” can be misconstrued as an admission of fault.

While these admissions may not automatically result in your claim being unsuccessful, they can present a hurdle for you and your legal team in your case.

Fault is determined by assessing the situation objectively, examining all evidence related to the matter, and reaching a conclusion based on the facts. This can involve:

• Checking the accident scene for pedestrian lanes, road signs, any sign of vehicles skidding or speeding, camera footage of the incident, and more
• Accident reconstruction experts recreating the scene and analyzing how the accident happened to prove fault on the part of the guilty individual
• Acquiring phone records for drivers to see if they were texting or calling during the time of the accident, or acquiring ELD data if it was a commercial truck

Fault can be assigned to multiple parties using Michigan’s comparative fault system. A pedestrian may be found partially at fault, but if they are responsible for less than 50% of the accident, they still have the ability to recover damages.

This crucial aspect of pedestrian accident laws can allow an injury victim to recover damages even if they contributed to the accident. It is a law that shows the Michigan system is optimized toward victims’ rights. Our law firm understands an error on your part does not mean you should handle medical bills and other damages alone.

Just as victims must act fast to meet the statute of limitations and demonstrate the causal link to their injuries, they must show the same urgency to prove fault on the part of the responsible party. Our team can work quickly and accurately, building your claim at the same pace as or ahead of opposing lawyers and insurers.

Even if the other party tries to avoid fault, muddy the details, or tell a different story, our law firm can use evidence and proven pedestrian accident case experience to stand up for your rights in your time of need.

Hire a Pedestrian Accident Lawyer: We Can Help You

An experienced attorney can help you get your medical bills and lost wages paid through Michigan‘s No-Fault insurance. Usually, these lawyers work on a ‘no successful case, no fee’ basis. This means you pay them from the money you receive from your injury case.

Simply put, when you hire a Michigan pedestrian accident attorney from Wigod & Falzon, no recovery = NO FEE.

This law is increasingly complex and can present many traps for inexperienced lawyers. It’s important for an injured pedestrian or bicyclist to immediately report the accident to the police. Then contact an experienced pedestrian accident lawyer.

Our Legal Team

Our experienced Michigan pedestrian accident lawyers can explain what benefits you’re entitled to and who can provide them. We can also assist you or your loved ones when it’s time to make the appropriate applications for those benefits and see that they are submitted within the allotted deadlines. It’s important to note that if you miss the deadline, you forfeit your right to recovery.

At Wigod & Falzon, our team is ready to investigate every aspect of your case, from driver behavior to environmental factors, to build a pedestrian accident claim that reflects the full extent of your damages. With experience in Michigan pedestrian accident laws, we provide compassionate guidance and relentless advocacy to help you secure fair compensation for your medical bills, lost wages, and pain and suffering, if applicable.

FAQs

Do Pedestrians Always Get Preference in a Case Involving a Motorist?

No, pedestrians do not always get preference in a case involving a motorist. While pedestrians do have the right-of-way when crossing a road safely and legally, they are expected to maintain a reasonable degree of care in their own actions. It is the job of the pedestrian who was injured to prove that they were struck because of the other party’s actions, and you can get help with this when you hire a pedestrian accident lawyer.

How Do Insurance Companies Attempt to Avoid Accountability?

Insurance companies have several common tricks for trying to avoid accountability. One may be trying to get the victim to say too much and prove partial fault. They may seem friendly and ask what you were doing when the accident occurred. If you say something as simple as “I was just enjoying the weather,” this could be misconstrued to imply you were not paying attention to traffic. It is in your interests to let a lawyer from our firm speak on your behalf.

What if I Do Not Feel Injured After a Pedestrian Accident?

If you do not feel injured after a pedestrian accident, you may feel lucky to have avoided obvious damage; however, many injuries are deceptive and only take hold once the adrenaline of the moment has worn off or days after the accident. For example, internal injuries to organs, including the brain, can show no visible bruising or bleeding, yet can impact bodily functions and result in worsening health over time. Seek medical help immediately to fully determine whether you have any injuries.

What Is an Unexpected Benefit of Hiring a Lawyer in a Pedestrian Accident Claim?

An unexpected benefit of hiring a lawyer in a pedestrian accident claim is the mental load that a legal professional can take off of you. Anyone in this type of situation may be dealing with pain, lifestyle challenges, debt, and mental health struggles. Our firm can handle your claim from start to finish, providing you with a sense of dedicated professionalism that minimizes stress and uncertainty. This allows you to focus on recovery.

Get Help From a Michigan Pedestrian Accident Lawyer Today

At Wigod & Falzon, our attorneys have the knowledge, experience, and commitment so you feel confident in your pursuit of justice. We are here to support you every step of the way, and we work tirelessly to get you the compensation you deserve so you can move on with your life. Contact our legal team today for a consultation.

Call 248-243-4327 or Request Your Consultation

Michigan Pedestrian Accident Resources

• Discover how to claim lost wages after a Michigan car accident
• Learn about Michigan car accident statistics
• Michigan Statute of Limitations Personal Injury Cases
• What Happens When You Get Hit by a Drunk Driver in Michigan

Michigan Pedestrian Accident Legal Resources

• • Michigan Compiled Laws § 257.612 – Vehicle Right-of-Way to Pedestrians at Signals and Crosswalks
  • Michigan Compiled Laws § 600.5805 – Statute of Limitations for Personal Injury Actions
  • Michigan Department of Transportation – Pedestrian Safety
  • Michigan State Police (OHSP) – Pedestrian Safety Program
  • NHTSA – Pedestrian Safety