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Pedestrian Accident Lawyer

Pedestrian Accident Injuries: Most Common Explained

Common pedestrian accident injuries resulting from a car crash include: (1) traumatic brain injuries; (2) concussions; (3) spinal cord injuries, including fractures and herniations and (4) bone breaks and fractures. Injured pedestrians may be able to recover pain and suffering compensation and No-Fault benefits.

Types of pedestrian accident injuries

The types of pedestrian accident injuries that frequently occur when a pedestrian is injured by the at-fault driver of a car or truck include the following:

  • Traumatic brain injuries 
  • Concussions
  • Brain bleed
  • Hematoma
  • Closed head injuries (including a fractured skull)
  • Catastrophic injuries
  • Neck injuries 
  • Back injuries 
  • Spine injuries (causing paralysis and nerve damage)
  • Herniated discs
  • Bulging discs
  • Hand and wrist injuries
  • Shoulder injuries (including rotator cuff tears and damage)
  • Knee injuries
  • TMJ injuries and other dental injuries
  • Broken bones and fractures (affecting the arms, legs, feet, hands, wrists, ribs, collar and pelvic bones)
  • Internal bleeding
  • PTSD
  • Mental trauma
  • Depression
  • Adjustment disorder
  • Emotional distress
  • Headaches

Pain and suffering compensation

You may be able to sue the at-fault, negligent driver who caused your pedestrian accident injuries for compensation for pain and suffering damages, excess medical bills, excess lost wages and other economic damages. 

In order to successfully recover pain and suffering compensation from the at-fault driver who caused your pedestrian accident injuries requires that you show that you have suffered a “serious impairment of body function,” which is the legal threshold under Michigan’s No-Fault law for car accident victims seeking to recover “noneconomic loss” damages.

Excess medical bills and excess lost wages are some of the economic damages you can recover from the at-fault driver. These damages will help to pay for your medical bills and to reimburse you for lost income that is not covered by the limits of the auto insurance policy through which you are claiming benefits and/or what is guaranteed to injured pedestrians under the No-Fault law.

About your compensation

Compensation for your pedestrian accident injuries may likely include compensation for your pain and suffering, excess medical expenses, excess lost wages and other economic damages. The amount of pedestrian accident settlements 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))  

If the at-fault driver who caused your pedestrian accident injuries 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 you, then the liability insurance coverage limits that apply to your accident may be higher. 

The compensation for your pedestrian accident injuries 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 he or she is liable to you for.

No-Fault benefits for pedestrian accident injuries

You may be entitled to recover No-Fault PIP benefits for your pedestrian accident injuries that will help to pay for medical expenses, lost wages (if your injuries prevent you from returning to work), mileage and transportation costs for traveling to and from your doctor appointments, household replacement services and attendant care services.

Within one (1) year after the pedestrian accident that caused your pedestrian accident injuries, you file an application for No-Fault benefits – which is also called a “written notice of injury” – with the responsible auto insurance company. (MCL 500.3145(1) and (4)) 

The responsible auto insurance company will be one of the following: (1) your own auto insurance company; (2) the insurer for your spouse or a relative who lives with you; 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 the application for No-Fault benefits – 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 you would have otherwise been entitled to.

Have questions? Call the attorneys at Michigan Auto Law

If you have questions about your pedestrian accident injuries and would like to speak with an experienced attorney, 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 accident attorney by visiting our contact page or you can use the chat feature on our website.

Injuries