In Michigan, a pedestrian accident lawsuit in requires proving that the driver’s negligence caused the crash and your injuries. This involves showing that the driver owed a duty of care, breached that duty—such as by violating traffic laws—and that this breach directly caused your injuries. In Michigan, the statute of limitations for personal injury lawsuit, including pedestrian accidents, is three years from the date of the crash.
What is negligence?
In Michigan, negligence in a pedestrian accident lawsuit refers to a driver’s failure to exercise reasonable care while operating a vehicle, resulting in harm to a person on foot. To prove negligence, the injured person on foot must demonstrate that the driver had a duty to operate the vehicle safely, failed to uphold that duty by acting recklessly or breaking traffic laws, and that this failure directly caused their injuries. Negligence can include actions such as speeding, distracted driving, failing to yield the right-of-way, or driving under the influence. Establishing negligence is essential to recovering compensation in a claim.
How does comparative negligence impact a pedestrian accident lawsuit in Michigan?
In Michigan, comparative negligence affects a pedestrian accident lawsuit by assigning fault to both the person on foot and the driver based on their respective actions leading to the crash. Under this system, if the person on foot is found partly responsible for the crash—such as crossing outside a crosswalk or being distracted—their compensation will be reduced in proportion to their percentage of fault.
For example, if a person on foot is determined to be 30% at fault, any damages awarded would be reduced by 30%. However, they can still recover damages as long as they are not more than 50% at fault. This rule ensures both parties are held accountable while allowing injured individuals to seek fair compensation for their losses.
What types of damages can be recovered in a pedestrian accident lawsuit in Michigan?
In Michigan, in a pedestrian accident lawsuit, you may be able to recover two main types of damages: economic and non-economic. Economic damages cover tangible financial losses such as medical expenses (includes pats and future medical bills related to the crash), rehabilitation costs, lost wages (compensation for income lost due to the injury), property damage and loss of earning capacity. These damages compensate for the direct costs related to your injury.
Non-economic damages address intangible losses, including pain and suffering, emotional distress, and loss of enjoyment of life. To be eligible for non-economic damages, state law requires that your injury meet the “serious impairment of body function” threshold. An experienced attorney can help you understand which damages you may qualify for based on your specific case.
What are the statute of limitations for a pedestrian accident lawsuit in Michigan?
In Michigan, the statute of limitations for claiming No-Fault benefits—which cover medical expenses, lost wages, and related costs—is 1 year from the date of the crash. This means you must apply for these benefits within one year to avoid losing your right to them.
For filing a claim to recover pain and suffering compensation (also called noneconomic damages), the statute of limitations is 3 years from the date of the crash. However, to be eligible for pain and suffering damages, you must meet Michigan’s “serious impairment of body function” threshold.
Meeting these deadlines is crucial to protect your rights and ensure you can pursue the compensation you deserve.
More on pain and suffering compensation
In Michigan, you may be able to file a pedestrian car accident lawsuit against the at-fault driver for pain and suffering compensation, excess medical expenses and excess lost wages if you prove that the at-fault driver was negligent in causing the crash that resulted in your injuries. To recover pain and suffering compensation, you will also need to show you suffered a “serious impairment of body function.”
The “serious impairment of body function” showing is not required for excess medical expenses and lost wages and other economic damages.
Compensation for pain and suffering damages will allow you to recover for your: (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, you have three (3) years after the date of your crash to file your pedestrian car accident lawsuit for pain and suffering compensation and excess medical expenses and lost wages. (MCL 600.5805(2))
More on No-Fault benefits
Compensation for excess medical expenses covers the portion of your medical bills that exceeds the No-Fault PIP medical benefits coverage level that was selected in the auto insurance policy through which you are claiming No-Fault benefits.
Similarly, compensation for excess lost wages cover the portion of your lost income that exceeds the monthly maximum and/or the three-year limit that are set by Michigan’s No-Fault auto insurance law.
In Michigan, you may be able to file a pedestrian car accident lawsuit to recover No-Fault benefits if the auto insurance company that is supposed to be paying your benefits has denied your claim and refuses to pay.
Here are the key details you need to know about filing a suit for No-Fault benefits:
• No-Fault PIP insurance benefits pay for an injured victim’s medical expenses, lost wages, medical mileage (transportation expenses for traveling to and from doctor and medical appointments), household replacement services and attendant care services.
• To trigger an auto insurance company’s obligation to pay No-Fault benefits, you must first file an application for No-Fault benefits – which is also called a “written notice of injury” – within one (1) year after the crash. (MCL 500.3145(1) and (4)) This is very important because if you do not file your application within ONE YEAR of the crash, you will lose your right to claim and recover benefits.
• You must file your claim for unpaid, overdue No-Fault insurance benefits within one (1) year from the date that the medical bill, wage loss, medical mileage, replacement service or attendant service was incurred. (MCL 500.3145(2)) If such a claim is not filed within the one-year time period, then the bill will be time-barred and you will lose all rights to payment and/or reimbursement for the overdue benefits.
Filing for No-Fault Benefits
You must file your pedestrian accident lawsuit for unpaid, overdue Michigan No-Fault benefits against the auto insurance company that is responsible for paying your PIP No-Fault benefits but is refusing to do so.
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). (MCL 500.3114 and 500.3115)
Compensation from a pedestrian accident lawsuit in Michigan
Compensation from your case would likely cover your pain and suffering, excess medical expenses, excess lost wages and other economic damages. The amount of compensation that you could settle for will depend 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 injured you 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 traveling on foot, then the liability insurance coverage limits that apply to your Michigan pedestrian car accident lawsuit may be higher.
The compensation recovered 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.
Can I file a pedestrian accident lawsuit if a government vehicle hit me in Michigan?
In Michigan, you can file a lawsuit if you’re injured by a government vehicle in a pedestrian accident, but it’s important to understand the legal nuances. While the Governmental Tort Liability Act (GTLA) generally provides immunity to government agencies and employees for their official actions, there are exceptions. One key exception is the “motor vehicle exception,” which holds government agencies responsible if their vehicle was operated negligently. This means if a police car, fire truck, or other municipal vehicle hits you due to driver negligence, you may have grounds to pursue a claim.
Additionally, if your injury was caused by hazardous road conditions—like poorly maintained highways—you might also have a claim. However, you must comply with specific notice requirements, including filing a notice with the relevant government agency within 120 days of the injury.
Because suing a government entity involves complex rules and deadlines, it’s essential to consult with an experienced attorney. They can guide you through the process and help protect your rights.
Wrongful death claims
If a loved one dies in a pedestrian accident in Michigan, the personal representative of their estate—usually a family member appointed by the court—can file a wrongful death lawsuit against the at-fault driver. Eligible family members such as spouses, children, and parents may be entitled to compensation from any settlement or judgment. State law requires that wrongful death claims be filed within three years of the person’s death, so it’s important to act promptly. Consulting with an experienced wrongful death attorney can help ensure your family’s rights are protected and guide you through the legal process.
What is the average settlement amount?
Settlement amounts can vary widely depending on factors like the severity of injuries, medical expenses, lost wages, and fault. Minor injuries may result in smaller settlements, while serious or permanent injuries can lead to significantly higher compensation. Each case is unique, and the value depends on the specific circumstances, including the extent of the injuries and insurance coverage. Consulting with an experienced attorney can help you understand the potential value of your claim and guide you through the process.
How long does a settlement take?
The time it takes to settle a pedestrian accident lawsuit in Michigan varies depending on several factors. Cases with clear fault and minor injuries often resolve within 6 to 12 months after medical treatment is complete. However, more serious injuries or disputes over who is at fault can extend the process to a year or longer. Factors that impact the timeline include the severity of injuries, whether liability is contested, how cooperative the insurance company is, and the experience of your attorney. Working with an experienced personal injury lawyer can help speed up the process and ensure you receive fair compensation.
Why choose an attorney from Michigan Auto Law for my pedestrian accident lawsuit?
Choosing an attorney from Michigan Auto Law for your pedestrian accident lawsuit means working with a team that focuses exclusively on motor vehicle crash cases. Our attorneys have decades of experience handling auto crash injury claims and understand the complexities of our state’s no-fault insurance system, the serious impairment threshold, and comparative fault rules. We’ve recovered some of the largest verdicts and settlements in the state, and our focused experience allows us to resolve cases more efficiently and for higher value. We also have strong relationships with local courts and insurance companies, which helps us navigate the legal process effectively and advocate for the best outcome for you.
Injured in a pedestrian car accident in Michigan and need help with your lawsuit? Call our attorneys now for a free consultation!
If you were traveling on foot in Michigan and were struck by a motor vehicle and you need help with your lawsuit, call now (800) 968-1001 for a free consultation with an experienced pedestrian accident lawyer. 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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