Getting hit by a car while walking can be life-altering, especially if you were struck in a marked crosswalk where you expected to be safe. Pedestrian accidents can lead to serious injuries and costly medical bills.
You might assume that the driver is always to blame, but fault in Michigan pedestrian accidents is not always that simple. Let’s break down how fault is determined when a pedestrian is hit in a crosswalk under Michigan law.
If you’ve been injured while crossing the street, a knowledgeable pedestrian accident lawyer in Sterling Heights, Michigan can help you understand your legal rights and pursue the compensation you deserve.
Michigan Laws on Pedestrian Right-of-Way
Under Michigan law, drivers must yield to pedestrians in crosswalks. Michigan Vehicle Code Section 257.612 requires that motorists stop for people lawfully crossing at marked crosswalks when there are no traffic signals or when a pedestrian has a walk signal.
That said, pedestrians also have responsibilities. For instance, they cannot suddenly leave the curb or run into traffic in a way that makes it impossible for a driver to yield. Section 257.655 makes it clear that pedestrians must use due care for their own safety.
So, while drivers are generally required to stop for people in crosswalks, pedestrians must also behave reasonably. At the end of the day, each case is evaluated based on its specific facts and circumstances.
How Fault Is Determined in a Pedestrian Accident Case
Michigan follows a modified comparative fault system. This means that both the driver and the pedestrian can share blame for an accident. If a pedestrian was distracted or crossed against a signal, they might be found partially at fault. On the other hand, if the driver was speeding or distracted, they could be mostly or entirely responsible.
Insurance companies and courts look at the following factors when deciding who’s at fault, to name a few examples:
- Whether the pedestrian was in a marked crosswalk
- Whether the driver was speeding, distracted, or impaired
- Whether the pedestrian had the walk signal
- Weather and visibility conditions
- Statements from eyewitnesses or video footage
If the pedestrian is found less than 51% at fault, they can still recover damages. However, their award will be reduced by their percentage of fault. Having legal representation can be critical in these scenarios, as a pedestrian accident attorney can fight back against any undue allegations of blame.
What Compensation Might Be Available After a Michigan Pedestrian Accident?
Because Michigan is a no-fault state, injured pedestrians can often file a claim with their own auto insurance company (or the insurer of a household family member) for benefits. This can include at least partial compensation for:
- Medical bills
- Lost wages
- Household replacement services
If their injuries are severe or meet the threshold for a third-party lawsuit, the pedestrian may also be able to sue the at-fault driver for additional damages, such as pain and suffering. Legal representation can make all the difference when it comes to filing a claim.
Contact a Pedestrian Accident Lawyer in Sterling Heights, MI for a Free Case Review
If you or a loved one were struck in a crosswalk, a lawyer can help you protect your rights and pursue fair compensation. A knowledgeable personal injury attorney in Sterling Heights can investigate the crash, build your case, and communicate with insurance companies on your behalf.
Our lawyers at Khamo Law offer complimentary consultations and don’t charge fees unless we recover money for you. Contact a Sterling Heights pedestrian accident lawyer today at (248) 466-0606 or complete our online contact form to get started.