Pedestrian accidents in parking lots are far more common than many people realize, and in Michigan they often lead to serious, life-altering injuries. Unlike roadway crashes, these incidents typically occur at low speeds—but that does not mean the harm is minor. Drivers who are distracted, rushing, or failing to yield can strike pedestrians walking to or from their vehicles, grocery stores, offices, or shopping centers.
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 bills 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?
In Michigan, after a pedestrian parking lot accident, seek medical attention right away, even if injuries seem minor, to protect your health and document the harm. Report the crash to police for an official record, and gather evidence such as photos, witness contact information, and the driver’s insurance details. Notify your auto insurance carrier promptly, as our state’s No-Fault law may provide coverage for medical expenses and lost wages, and be cautious when speaking with insurance adjusters before understanding the full extent of your injuries. Below, we explain each of these important steps in more detail so you can move forward with confidence.
Seek medical attention immediately
After a pedestrian parking lot accident in Michigan, seeking immediate medical attention should be your top priority. Even low-speed collisions can cause serious injuries such as concussions, internal bleeding, fractures, or soft tissue damage that may not show symptoms right away. Prompt evaluation by a medical professional ensures that hidden injuries are diagnosed early and treated properly, reducing the risk of long-term complications. Delaying care can not only worsen your condition but also make it harder to connect your injuries to the crash.
Getting medical treatment right away also protects your legal rights. In Michigan, medical records play a critical role in No-Fault insurance claims for Personal Injury Protection (PIP) benefits, which may cover medical expenses and lost wages. Clear documentation from the date of the crash helps establish that your injuries were caused by the crash, strengthening any future claim for compensation. Acting quickly safeguards both your health and your ability to recover financially.
Call the police
After a pedestrian parking lot accident in Michigan, calling the police is an important step in protecting your rights. Even though lots are often private property, law enforcement can still respond, investigate the scene, and create an official crasg report. This report may document key details such as the driver’s information, witness statements, roadway conditions, and any citations issued. Without an official record, disputes can arise later about how the crash occurred or who was at fault.
A police report can also play a critical role in your insurance claim. In our state, No-Fault benefits and potential third-party claims often rely on clear evidence that the crash happened and caused your injuries. An official report provides independent documentation that can support your version of events and strengthen your case. Taking this step helps preserve valuable evidence and protects your ability to pursue compensation.
Gather evidence at the scene
After a pedestrian parking lot accident in Michigan, gathering evidence at the scene can be crucial to protecting your claim. Crashes often involve conflicting accounts about who had the right of way, vehicle speed, or visibility. If you are physically able, take photos of the vehicle, your injuries, skid marks, traffic signs, lighting conditions, and the overall layout of the lot. Collect the driver’s contact and insurance information, as well as the names and phone numbers of any witnesses who saw what happened.
Preserving evidence immediately can make a significant difference later. Surveillance footage from nearby businesses may be erased quickly, and witness memories can fade over time. Clear documentation from the scene helps establish how the crash occurred and supports your claim for No-Fault benefits or additional compensation. Acting quickly ensures that important details are not lost and strengthens your ability to pursue a full financial recovery.
Notify your insurance company
After a pedestrian parking lot accident in Michigan, notifying your insurance company promptly is a critical step. Under our state’s No-Fault system, your own auto insurance policy typically provides Personal Injury Protection (PIP) benefits—even if you were walking at the time of the crash. These benefits may cover medical expenses, wage loss, and certain replacement services. Reporting the crash quickly helps start the claims process and ensures you meet important deadlines.
Timely notice also protects your right to receive benefits. In most cases, you must file an Application for No-Fault Benefits within one year of the crash, and delays can jeopardize your claim. (MCL 500.3145) When speaking with your insurer, provide accurate basic information, but avoid speculating about fault or the extent of your injuries until you fully understand your medical condition. Prompt and careful communication helps preserve your coverage and supports your financial recovery.
Avoid speaking in detail with the driver’s insurer
After a pedestrian parking lot accident in Michigan, you may be contacted quickly by the driver’s insurance company. While it may seem harmless to answer their questions, you should avoid giving detailed statements, recorded interviews, or signing documents without fully understanding your injuries and legal rights. Insurance adjusters often look for statements that can minimize the value of your claim or shift blame. Even casual comments about how you feel can later be used to challenge the seriousness of your injuries.
Protecting yourself means being cautious with what you share. You are generally not required to provide a recorded statement to the other driver’s insurer. Before discussing fault, your medical condition, or settlement offers, consider speaking with an attorney who understands our state’s No-Fault laws. Taking this precaution helps prevent misunderstandings and safeguards your ability to pursue full compensation.
Consult an attorney
After a pedestrian parking lot accident in Michigan, consulting an experienced attorney can be an important step in protecting your rights. While our state’s No-Fault system provides certain benefits, these claims often involve strict deadlines, complex insurance rules, and questions about fault. An attorney can review your situation, explain your options, and determine whether you may be entitled to compensation beyond No-Fault benefits, including pain and suffering damages.
Legal guidance can also help prevent costly mistakes. Insurance companies may dispute the severity of your injuries, deny benefits, or attempt to settle for less than your claim is worth. A knowledgeable attorney can handle communications, gather evidence, and advocate on your behalf while you focus on your recovery. Having the right legal support ensures your interests are protected every step of the way.
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 State Police.
Because the police are required to file a UD-10 Traffic Crash Report to the 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 lot 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 a 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 crashes.
How is fault determined in a pedestrian parking lot accident in Michigan?
In Michigan, fault in a parking lot accident involving a pedestrian is determined by the actions of both the driver and the walker. Drivers must use caution in areas with foot traffic, while those on foot stay alert. Negligence like speeding, distracted driving, or crossing outside marked areas affects liability.
Our state follows a comparative negligence system, which means that fault can be shared between the driver and the pedestrian. If a pedestrian is found partially at fault, any compensation they receive may be reduced in proportion to their responsibility. Evidence such as police reports, witness statements, photos, and surveillance footage often plays a critical role in determining liability. Understanding how fault is assigned in these cases is essential for protecting your right to compensation and ensuring a fair outcome.
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. Our state’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 crash. 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 our state’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 crash 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 crash—or from when the expense occurred—to file a claim. (MCL 500.3145) 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 crash to file your claim. (MCL 600.5805) 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 our state’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 requiring the injured victim 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 victim 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 state 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 choose the lawyers at Michigan Auto Law to handle my pedestrian parking lot accident case?
Michigan Auto Law is uniquely qualified to handle pedestrian parking lot accident claims due to our exclusive and specialized focus on motor vehicle crash cases for more than 50 years. This deep specialization allows us to navigate the state’s complex No-Fault and third-party injury laws with precision, ensuring that cases for serious injuries, including fractures, traumatic brain injuries, and other crash-related harm, are properly evaluated, documented, and pursued for full compensation.
Our law firm is also one of the most awarded and recognized auto crash injury law firms in the state, with attorneys consistently named among Super Lawyers, Best Lawyers in America, Best Law Firms and holding the highest ethical and legal ratings from Martindale-Hubbell. We have secured record-setting verdicts and settlements — including multiple eight-figure recoveries — demonstrating a proven ability to maximize compensation for people seriously injured in automobile crashes.
Clients benefit from a personalized, client-first approach. Each case receives focused attention, clear communication, and compassionate support, with no legal fees unless compensation is recovered. With over 3,000 of five-star reviews and decades of peer recognition, we combine legal excellence with trusted advocacy for people injured in automobile crashes.
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.
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