Parking Lot Pedestrian Accidents: What You Need To Know
People who have been injured in 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 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) 777-0028 for a free consultation with one of our experienced attorneys.
Pain and suffering compensation for parking lot pedestrian accidents
The compensation that may be recoverable from the at-fault driver in 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 pedestrian’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, in order to be able to recover for pain and suffering compensation – which is also called “noneconomic loss” damages – against an at-fault, negligent driver, an injured pedestrian must first be able to show that as a result of his or her injuries they have suffered a “serious impairment of body function.”
The excess medical expenses that could be recovered from the at-fault driver 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 pedestrian’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.
How much compensation for parking lot pedestrian accidents?
Your compensation 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 pedestrian, 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 pedestrian.
No-Fault benefits for parking lot pedestrian accidents
People who have been injured by at-fault drivers in 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 pedestrian 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 pedestrian’s own auto insurance company; (2) the insurer for the pedestrian’s spouse or relative who lives with the pedestrian; 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 – 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 pedestrian would have otherwise been entitled to.
Calling the police
When parking lot pedestrian accidents occur, 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 lot or anywhere else – must immediately report that crash to the police. (MCL 257.622)
The criminal penalties for parking lot pedestrian accidents 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))
Injured and have a question? Call the attorneys at Michigan Auto Law
If you have been injured by a car or truck while walking in a parking lot and would like to speak with an experienced attorney about parking lot pedestrian accidents, call toll free anytime 24/7 at (800) 777-0028 for a free consultation with one of our attorneys. You can also get help from an experienced attorney by emailing [email protected] or you can use the chat feature on our website.