People who have been injured in Michigan parking lot pedestrian accidents may be able to recover compensation from the at-fault driver for their pain and suffering as well as for excess medical bills and lost wages. They may also be able to recover No-Fault benefits to pay for medical expenses and lost income.
It is important to have an attorney who is experienced with Michigan parking lot pedestrian accidents and has the skill, resources and proven results in obtaining record-breaking settlements to fight for you and to get you the best possible settlement amount.
To find out how much your case may be worth with facts similar to yours, please check out our calculator or call us toll free anytime 24/7 at (800) 968-1001 for a free consultation with one of our experienced attorneys.
What to do if you are a pedestrian hit in a parking lot accident in Michigan?
Being a pedestrian hit by a vehicle in a parking lot accident in Michigan can be a frightening and disorienting experience. If this happens to you, taking the right steps immediately afterward can help protect your health, rights, and any future claims.
1. Prioritize Safety and Get Help
- Check for Injuries: If you’re able, assess yourself for pain or visible injuries. Avoid sudden movements if you’re hurt.
- Call 911: For serious injuries or if the driver is uncooperative, call emergency services right away.
- Move to Safety: If you can do so safely, move out of traffic to avoid further danger and allow emergency responders or others to access the scene.
2. Report the Incident
- Contact the Police: Even if injuries seem minor, it’s important to report the accident. A police report can be vital for insurance claims and legal protection.
- Notify the Property Manager: If the crash happened on private property, such as a store or apartment, report it to the property owner or manager as well.
3. Collect Important Information
- Get the Driver’s Details: This includes their name, phone number, insurance provider and policy number, and license plate number.
- Identify Witnesses: If anyone saw what happened, ask for their contact information.
- Document the Scene: Take clear photos or video of the area, the vehicle involved, your injuries, and any visible damage or hazards nearby.
4. Seek Medical Attention
- Get Checked by a Doctor: Some injuries, like soft tissue damage or concussions, may not show symptoms right away. A prompt medical evaluation also helps create a record of your injuries.
5. Speak with a Personal Injury Lawyer
- Know Your Rights: An experienced attorneh can help you understand your legal options, communicate with insurance companies, and pursue compensation for medical bills, lost wages, pain and suffering, and more.
The importance of calling the police
When a Michigan parking lot pedestrian accident occurs, the police should be called. Each police department has its own policy for whether it will respond to the scene. However, when an injury occurs, the at-fault driver must report it to the police and the police must report it to the Michigan State Police.
Because the police are required to file a UD-10 Traffic Crash Report to the Michigan State Police under MCL 257.622 whenever an injury from a crash has occurred, the chances are greater that the local police will respond to the scene of the crash.
The law also requires that the “driver of a motor vehicle” who is involved in a crash that results in injury to another person – whether the crash occurs in a parking area or anywhere else – must immediately report that crash to the police. (MCL 257.622)
Criminal penalties
The criminal penalties for a Michigan parking lot pedestrian accident include finding the at-fault driver guilty of a misdemeanor and possibly one year in jail and a $2,000 fine if he or she “commits a moving violation” while driving in “an area designated for the parking of motor vehicles” and, in doing so, causes the death of or serious impairment of body function to another person. (MCL 257.601d(1) and (2))
Who has the right of way?
People walking generally have the right-of-way in parking area, especially when walking in designated crosswalks, sidewalks, or near store entrances. Drivers are expected to stay alert and yield to people walking in these areas. However, right-of-way is not absolute—if a pedestrian steps into traffic unexpectedly or outside of a marked path in a parking lot in Michigan, fault may be shared in the accident. Our state follows a comparative negligence system, meaning both the driver and the person walking can be held partially responsible depending on the situation. Ultimately, drivers must exercise caution, and people walking should stay aware of their surroundings to avoid accidents.
How is fault determined in a pedestrian parking lot accident in Michigan?
In Michigan, fault in a pedestrian parking lot accident is determined based on negligence—meaning which party failed to act with reasonable care under the circumstances. Although Michigan is a no-fault state and your own insurance typically covers medical expenses and lost wages regardless of who caused the accident, determining fault is still important for claims involving vehicle damage and potential lawsuits for pain and suffering. Several factors are considered when assessing fault, including right-of-way rules, traffic patterns, signage, and whether either party was speeding, distracted, or acting carelessly. For example, a driver backing out of a parking space is often found at fault if they collide with a vehicle traveling in a designated driving lane. Evidence such as photos, witness statements, surveillance footage, and police or property reports can also help establish what happened. Michigan’s comparative negligence system allows fault to be shared, meaning each party’s level of responsibility can impact the outcome of any claims.
Can you sue if you are a pedestrian injured in a parking lot accident in Michigan?
In Michigan, if you’re a pedestrian injured in a parking lot accident, you may be able to sue the at-fault driver, depending on the severity of your injuries. Michigan’s no-fault insurance law typically provides Personal Injury Protection (PIP) benefits to cover medical expenses, lost wages, and related costs, regardless of who caused the accident. These benefits usually come from the insurance policy of the vehicle involved or your own auto insurance if you have one. However, if your injuries meet Michigan’s legal threshold for a “serious impairment of body function,” you may also be eligible to file a lawsuit against the at-fault driver. This type of third-party claim allows you to seek compensation for pain and suffering, emotional distress, and other non-economic damages. Because these cases can be complex and depend on the details of your injury and the accident, speaking with a personal injury attorney is highly recommended.
What are the statute of limitations on filing a lawsuit for a pedestrian parking lot accident in Michigan?
In Michigan, the statute of limitations (time limits) for filing claims after a pedestrian parking lot accident vary depending on the type of compensation you seek. For no-fault benefits, which cover medical expenses, lost wages, and related costs, you generally have one year from the date of the accident—or from when the expense occurred—to file a claim. Missing this deadline may result in losing your right to those benefits. If you want to pursue compensation for pain and suffering or other damages through a lawsuit against the at-fault driver, you typically have three years from the date of the accident to file your claim. It’s important to keep these deadlines in mind and consult with an attorney promptly, as exceptions may apply based on individual circumstances.
More on pain and suffering compensation
The compensation that may be recoverable from the at-fault driver in Michigan parking lot pedestrian accidents includes compensation for pain and suffering damages. Depending on the facts and circumstances, the at-fault driver may also be liable for the victim’s excess medical expenses and excess lost wages.
Compensation for pain and suffering damages covers: (1) physical pain and suffering; (2) mental anguish; (3) fright and shock; (4) denial of social pleasure and enjoyments; (5) embarrassment, humiliation or mortification; and (6) shame, mental pain and anxiety.
In Michigan, if you’re a pedestrian injured in a parking lot accident, you must prove that your injuries caused a “serious impairment of body function” before you can recover pain and suffering compensation, also known as “noneconomic loss” damages, from the at-fault driver.
The excess medical expenses that could be recovered from the at-fault driver in from a pedestrian accident in a Michigan parking lot will cover that portion of their medical bills that exceeds the No-Fault PIP medical benefits coverage level that was selected in the auto insurance policy through which he or she is claiming No-Fault benefits.
Similarly, the excess lost wages that can be recovered from an at-fault driver will cover the portion of an injured victim’s lost income that exceeds the monthly maximum and/or the three-year limit that are set by Michigan’s No-Fault auto insurance law.
More on No-Fault benefits
People who have been injured by at-fault drivers in Michigan parking lot pedestrian accidents are entitled to recover No-Fault PIP benefits that will help to pay for medical expenses, lost wages (if a pedestrian’s injuries prevent him or her from returning to work), mileage and transportation costs for traveling to and from your doctor appointments, household replacement services and attendant care services.
Claims for No-Fault benefits after require the injured victime to file an application for No-Fault benefits – which is also called a “written notice of injury” – with the responsible auto insurance company within one (1) year after the crash. (MCL 500.3145(1) and (4))
The responsible auto insurance company will be one of the following: (1) the injured victim’s own auto insurance company; (2) the insurer for the victim’s spouse or relative who lives with the victim; or (3) the auto insurance company assigned by the Michigan Assigned Claims Plan (when No-Fault coverage is not available through any other source).
Filing this application – and filing it on time – after a pedestrian parking lot accident in Michigan is extremely important because the failure to do so will give the insurance company a legal basis to deny all No-Fault benefits that the injured vicitm would have otherwise been entitled to.
What is the average settlement for a pedestrian hit by a car in a parking lot accident in Michigan?
The average settlement for a pedestrian hit by a car in a parking lot accident in Michigan can vary widely based on several factors. These include the severity and type of injuries sustained, the clarity of fault, the impact on the injured victim’s ability to work and carry out daily activities, and whether there are lasting physical or emotional effects. Additionally, settlements depend on the strength of the evidence, the insurance policies involved, and whether the case is resolved through negotiation or requires litigation. Because each case is unique, settlement amounts can range significantly based on these details.
How insurance coverage plays a factor
In Michigan, your compensation for a pedestrian parking lot accident may likely include compensation for your pain and suffering, excess medical expenses, excess lost wages and other economic damages. The amount of the settlement will depend considerably on the limits of the at-fault driver’s liability coverage.
Under Michigan law, all drivers must carry a minimum of $250,000/$500,000 in liability insurance coverage also known as third party car insurance. However, the law also gives them the option “to purchase lower limits” of $50,000 and $100,000. (MCL 500.3101(1); 500.3131(2); 500.3009(1)(a) and (b), (5))
When an at-fault driver was driving for Uber or Lyft or was operating a truck or commercial vehicle or was an employee of a business and acting within the scope of his or her employment at the time that he or she injured a person walking, then the liability insurance coverage limits that are available for compensation may be higher.
The compensation for settlements can also be affected by the amount of umbrella insurance coverage the at-fault driver has as well as his or her personal assets that could be used to contribute to the compensation that is owed to an injured victim.
Why should I trust Michigan Auto Law from to handle my pedestrian parking lot accident case?
When you call the attorneys at our law firm, you’re working with attorneys who specialize exclusively on motor vehicle crash cases. With decades of experience and a proven track record of securing some of the largest settlements and verdicts in the state, we know how to get results faster and for more money. Our deep knowledge of local courts and strong relationships with judges and insurers give you a clear advantage throughout your case. You can trust our attorneys to fight for the compensation you deserve.
Were you a pedestrian injured in a car accident in a parking lot in Michigan and need legal help? Call our attorneys now for a free consultation!
If you have been injured by a car or truck while walking in a parking lot in Michigan and would like to speak with an experienced pedestrian accident lawyer, call now (800) 968-1001 for a free consultation. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
Michigan Auto Law is Michigan’s largest and most successful law firm that specializes exclusively in helping people who have been injured in automobile crashes.
Our secret? Our attorneys deliberately handle fewer cases than other personal injury law firms. This allows us to focus more time and attention on our cases.
Unlike other law firms, our attorneys are never too busy to promptly return phone calls and answer questions.
We have more than 2,500 5-Star reviews that reflect this care and attention to detail.
More importantly, this client-focused approach leads to better and faster settlements for our clients. Michigan Auto Law has recovered more million-dollar settlements and trial verdicts for motor vehicle crashes than any other lawyer or law firm in Michigan. We’ve also recovered the highest ever reported truck crash and auto crash settlement in the state.
Call now so we can start making a real difference for you.