Pedestrians

It’s fair to say that pedestrians have the right of way in most situations. Every motorist must give way whenever a person is crossing a public road. To not do so is immoral and dangerous. Despite the legality of when and where a person can cross, being struck by a motor vehicle is almost sure to cause catastrophic or even fatal injuries. But how do victims pursue compensation?

Michigan pedestrians who’ve been hit by a motor vehicle should find a southfield personal injury lawyer who can guide them through the labyrinth of legalities regarding pedestrian accidents. While you work on your injuries, they’ll work on pursuing your right to compensation.

Michigan Pedestrian Accidents: What You Need To Know

Pedestrians struck by a motor vehicle on public Michigan roads probably believe that the at-fault driver’s insurance company would be responsible for covering their medical bills and other damages. Although this avenue can be explored, Michigan is a “no-fault” state, so if the pedestrian has car insurance, their policy will cover medical bills. This also covers the policyholder’s children living under the same roof if they’ve been struck by a car.

Unfortunately, this PIP (Personal Injury Protection) coverage is limited and may not cover all of the victim’s damages. Pedestrian accident injuries can be quite severe, ones that not only cause life-altering injuries but also psychological trauma. Most Michigan drivers purchase the minimum amount of PIP coverage required which is $50,000, which may not cover all of the victim’s damages. Long term medical care could last a lifetime.

PIP coverage is limited in what victims of a pedestrian accident can claim. And to muddy the waters further, Michigan is not only a “no-fault” state, but it also enforces comparative fault laws. Although rare in a pedestrian accident, if they’re 51% responsible for the accident, they’re not entitled to receive any compensation at all. Fortunately, there is still a way to fight for compensation for their damages, as long as the pedestrian was 49% or less responsible.

What To Do if You’ve Been Hit by a Car in Michigan to Pursue Compensation Further

Fortunately, victims who’ve been struck by a motor vehicle and suffered serious bodily harm have the right to file a personal injury lawsuit against the at-fault driver. However, to do so, they must prove that their injury meets Michigan’s injury threshold requirements. To meet this requirement, the victim must:

• Have an injury that is observable to others
• Have an injury that caused the loss of a bodily function
• The impairment must negatively affect the victim’s quality of life

Hire a Lawyer

Pedestrian accident cases can be difficult and should never be attempted without legal representation. Victims should hire a personal injury attorney with experience in pedestrian accident cases who can help guide them through Michigan’s legal labyrinth. Michigan’s personal injury statute of limitations is three years from the accident date, so it’s important to begin working with a lawyer sooner rather than later.

Gather Evidence

To win a successful settlement, the victim must prove that the driver was negligent, that the accident caused them damages, and that their injuries meet Michigan’s threshold requirements. To do so, your legal team will collect evidence to prove all three. Gathering evidence for this type of case can be a time-consuming task. However, the stronger the evidence, the stronger the case will be. Strong evidence usually leads to maximum compensation.

Typical evidence will include:

• Police accident reports
• Eyewitness statements
• Photos of the accident scene
• Photos of the victim’s injuries
• First responders notes
• Emergency room intake documents
• Medical records
• Medical bills

File a Personal Injury Lawsuit

Once your legal team has gathered evidence to support your claims, they’ll notify the defendant of your intention to pursue a lawsuit. Once they respond, your attorney will file the lawsuit with the civil court. Next, both legal teams will meet to share evidence. This is known as the discovery phase and can result in the defendant’s team offering a pretrial settlement. Your lawyer will negotiate for you to receive the best compensation covering all your economic and non-economic damages.

Essential Steps To Pursue Compensation in Michigan for Pedestrian Accidents Explained

Victims of a pedestrian accident typically are hit with catastrophic injuries which could last a lifetime. With these life-changing medical conditions, Michigan’s No-Fault Law won’t come close to providing the type of compensation that pedestrian accident victims deserve.

Fortunately, Michigan law does allow them to file a personal injury claim to seek damages that Personal Injury Protection insurance doesn’t cover. To ensure that the pedestrian accident victims receive all they deserve, speak to an experienced personal injury lawyer. Without legal representation, it could prove to be difficult to seek additional compensation.