In Michigan, a pedestrian accident lawsuit 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 our state, the statute of limitations for a personal injury claim is three years from the date of the crash.
How To File A Pedestrian Accident Lawsuit In Michigan?
Filing a pedestrian accident lawsuit in Michigan starts with seeking prompt medical attention, reporting the crash to the police, and documenting the scene with photos and witness info. Notifying your insurer and consulting an attorney is also crucial to navigate our state’s comparative negligence rules. Claims can seek damages for medical expenses, lost wages, pain and suffering, and, in fatal cases, wrongful death. We will explain each of these steps in more detail below.
Seek immediate medical attention
Seeking immediate medical attention is a crucial first step when filing a pedestrian accident lawsuit in Michigan. Even if injuries seem minor, getting evaluated by a medical professional ensures that your condition is properly documented. Medical records, hospital reports, and treatment notes create an official timeline linking your injuries directly to the crash, which can be essential when negotiating with insurance companies or pursuing your claim in court.
Prompt medical care also protects your health and strengthens your case. Insurance adjusters or opposing parties may argue that injuries were preexisting or unrelated if treatment is delayed. By obtaining medical attention right away, you establish a clear record of your injuries, supporting your claim for compensation for medical expenses, lost wages, and pain and suffering.
Report the crash
Reporting the crash is a critical step if you are seeking to file a pedestrian accident lawsuit in Michigan. Contacting the police ensures an official report is created, documenting important details such as the location, involved parties, traffic conditions, and any citations issued. This report becomes a key piece of evidence when establishing the circumstances of the crash and identifying the responsible party.
An accurate police report also supports your claim with insurance companies and the court. Providing details about how the crash happened, along with witness information and any preliminary observations, helps strengthen your case. Timely reporting preserves essential information that might otherwise be lost, improving your ability to recover compensation for medical expenses, lost wages, pain and suffering, or, in fatal cases, wrongful death.
Document the scene
Documenting the scene is an essential step if you want to file a pedestrian accident lawsuit in Michigan. Taking photos and videos of the roadway, crosswalks, traffic signals, vehicles, and any visible injuries preserves important evidence. Capturing details like skid marks, debris, or weather conditions helps create an accurate record of how the crash occurred.
Collecting witness contact information and statements at the scene further strengthens your claim. Proper documentation supports police reports, insurance claims, and potential court proceedings by providing objective evidence. By carefully recording the scene immediately after the crash, you increase your chances of establishing liability and recovering compensation for medical expenses, lost wages, pain and suffering, or, in fatal cases, wrongful death.
Notify your insurance company
Notifying your insurance company promptly is a key step if you want to file a pedestrian accident lawsuit in Michigan. Informing your insurer ensures that your claim is officially documented and that your medical expenses, wage loss, and other covered benefits under our state’s no-fault system can be processed quickly. Early notification also helps prevent disputes about when or how the crash occurred.
Providing accurate details, including the police report, photos, witness information, and any medical documentation, strengthens your claim. Prompt communication with your insurer creates an official record and supports your case if liability is contested, helping ensure you receive the benefits and compensation you are entitled to while protecting your rights throughout the claims process.
Consult an attorney
Consulting an attorney is a crucial step if you are seeking to file a pedestrian accident lawsuit in Michigan. An experienced lawyer can review the details of your case, help gather and preserve key evidence, and ensure that all procedural requirements are met. This guidance is especially important in our state, where comparative negligence rules may affect your claim if both parties share responsibility for the crash.
An attorney can also handle communication with insurance companies, negotiate settlements, and, if necessary, represent you in court. By working with a legal professional, you improve your chances of securing fair compensation for medical expenses, lost wages, pain and suffering, and, in fatal cases, wrongful death. Their expertise ensures that your rights are protected throughout the claims process.
File the claim
Filing the lawsuit is a critical step when seeking compensation after a pedestrian accident in Michigan. Once all evidence has been collected, including medical records, police reports, and witness statements, your attorney can formally file a complaint in civil court. This initiates the legal process and establishes your claim for damages, including medical expenses, lost wages, pain and suffering, and, in fatal cases, wrongful death.
Filing the claim also sets the timeline for legal proceedings and ensures your case meets our state’s statute of limitations, which is generally three years from the date of the crash (MCL 600.5805(2)). Properly filing the legal claim with the guidance of our experienced and specialized attorneys strengthens your position, helps manage communications with insurance companies, and protects your rights throughout the claims process.
Pursue compensation
When filing a pedestrian accident lawsuit in Michigan, the primary goal is to obtain fair and full compensation for your injuries and losses. Compensation can cover medical expenses, lost wages, future earning potential, pain and suffering, and, in fatal cases, wrongful death. Gathering all relevant documentation, including medical records, police reports, witness statements, and photos, is essential to support the value of your claim.
An attorney can guide you through the process, negotiate with insurance companies, and ensure that you seek all available damages under state law. By carefully pursuing compensation, you maximize your chances of receiving fair payment for the physical, emotional, and financial impacts of the crash while protecting your legal rights throughout the process.
How Long Do I Have To File A Pedestrian Accident Lawsuit?
In Michigan, the general deadline to file a pedestrian accident lawsuit is three years from the date of the crash. This statute of limitations (MCL 600.5805(2)) applies to most personal injury claims, including injuries caused by negligent drivers. Filing within this timeframe is critical, as missing the deadline usually prevents you from pursuing compensation for medical expenses, lost wages, pain and suffering, and, in fatal cases, wrongful death.
Certain exceptions can extend the filing period, such as when the injured party is a minor or when a government entity may be liable. Because these rules can be complex, consulting an experienced attorney as soon as possible helps ensure your claim is filed correctly and on time. Taking prompt action protects your rights and preserves evidence needed to support your case.
What 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 (including past 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.
Can I File A Pedestrian Accident Lawsuit In Michigan If I Partially Contributed To The Crash?
Yes, you can still file a pedestrian accident lawsuit in Michigan even if you were partially responsible for the crash. Our state follows a comparative negligence system, which means your potential compensation may be reduced by the percentage of fault assigned to you. For example, if you were found 20% responsible for the crash, any damages awarded would be reduced by that same percentage.
It’s important to provide evidence showing the other party’s negligence, such as police reports, witness statements, photos of the scene, or medical records. Consulting our experienced attorneys can help you navigate the comparative negligence rules, maximize your recovery, and ensure your rights are fully protected throughout the claims process.
How Much Does It Cost To Pursue A Pedestrian Accident Lawsuit In Michigan?
In most cases, pursuing a pedestrian accident lawsuit in Michigan doesn’t require you to pay upfront attorney fees. Many personal injury lawyers work on a contingency fee basis, meaning they only get paid if you recover compensation through a settlement or verdict. The attorney’s fee is typically 33% of the amount recovered if your case settles or goes to trial. You may still be responsible for certain case-related costs, such as expert fees, filing fees, or copying expenses, but these are usually advanced by the attorney and reimbursed only from your recovery.
It’s important to discuss fee structures clearly before hiring a lawyer so you understand what percentage applies and what costs you may owe if your case is successful (or not). A contingency arrangement allows many injured foot traffic victims to pursue compensation without having to pay attorneys out of pocket.
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.
Who Can File A Pedestrian Accident Lawsuit In A Wrongful Death Case In Michigan?
In Michigan, when a pedestrian is killed in an accident due to another party’s negligence—such as a careless driver, trucking company, or other responsible entity—Michigan law allows surviving family members to pursue compensation through a wrongful death lawsuit. These claims are governed by our state’s Wrongful Death Act and are intended to provide financial recovery and accountability for losses caused by a preventable death.
Typically, the wrongful death action is brought by the personal representative of the deceased person’s estate, on behalf of eligible beneficiaries. Those beneficiaries most commonly include the surviving spouse and children. If there is no spouse or children, other family members—such as parents, grandparents, siblings, or other dependents—may also be eligible if they can show financial dependence or a close personal relationship with the deceased. Determining who qualifies is a critical legal step, as all eligible beneficiaries must be properly identified and included.
Wrongful death claims may seek compensation for both economic and non-economic damages. Recoverable damages often include funeral and burial expenses, medical costs related to the fatal injury, and the loss of the deceased’s expected financial support, wages, and benefits. In addition, families may recover for the loss of companionship, care, guidance, and emotional support the deceased would have provided. State law also allows recovery for pain and suffering experienced by the deceased prior to death, as well as mental anguish suffered by surviving family members in appropriate cases.
Strict procedural rules apply to wrongful death claims. Our state’s statute of limitations requires that the claim be filed within three years of the date of death under MCL 600.5805(2). Missing this deadline can permanently bar the claim, regardless of its merits. The process also involves extensive evidence gathering, including police crash reports, medical and autopsy records, witness statements, crash reconstruction analysis, and financial documentation to establish the full value of the losses.
Because wrongful death cases are legally complex and emotionally difficult, consulting an experienced attorney as early as possible is essential. An attorney can ensure the estate is properly opened, all eligible family members are identified, deadlines are met, and evidence is preserved. Just as importantly, legal counsel can handle negotiations or litigation while pursuing maximum compensation and holding the negligent party accountable for the tragic loss of life.
How Long Does A Pedestrian Accident Lawsuit Take To Resolve In Michigan?
The length of a pedestrian accident lawsuit in Michigan can vary significantly based on several legal and factual factors. Some claims resolve relatively quickly, while others may take years to conclude. Much depends on the seriousness of the injuries, the complexity of liability issues, and whether the case settles or proceeds to trial.
In many cases, the claim is resolved through negotiation with insurance companies. These settlements often occur after medical treatment has stabilized and damages can be accurately calculated. When liability is clear and injuries are moderate, this process may take several months to about a year. However, insurers may delay or dispute claims involving higher compensation, extending negotiations.
More complex cases—such as those involving catastrophic injuries, permanent disability, or wrongful death—typically take longer. If liability is disputed, multiple parties are involved, or expert testimony is required, the case may move into litigation. Claims that proceed through discovery, depositions, motion practice, and trial can take one to three years or longer, depending on court schedules and case complexity.
Several factors influence the overall timeline, including the time required to gather medical records, police reports, surveillance footage, and witness statements, as well as the need for crash reconstruction or medical experts. Delays can also occur if treatment is ongoing or if the defense challenges the extent or cause of injuries.
Consulting our experienced and specialized attorneys early in the process can help move the case forward efficiently. Our attorneys can ensure all deadlines are met, preserve critical evidence, handle insurance negotiations, and position the case for the strongest possible settlement or verdict—while avoiding unnecessary delays whenever possible.
Why Choose A Lawyer From Michigan Auto Law For My Pedestrian Accident Lawsuit?
Michigan Auto Law is uniquely qualified to handle pedestrian accident lawsuits due to our exclusive and specialized focus on motor vehicle crash cases for more than 50 years. This deep specialization allows us to navigate our state’s complex No-Fault and third-party injury laws with precision, ensuring that injury claims 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 in serious injury cases.
Clients also benefit from a personalized, client-first approach. Each case receives focused attention, clear communication, and compassionate support, and clients pay no legal fees unless compensation is recovered. With over 3,000 five-star reviews and decades of peer recognition, We combine legal excellence with trusted advocacy for people injured in automobile crashes.
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.
We are the state’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 3,000 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. We have recovered more million-dollar settlements and trial verdicts for motor vehicle crashes than any other lawyer or law firm in the state. 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.