Michigan Pedestrian Accident Settlements: Here’s What To Know

In Michigan, pedestrian accident settlements can vary greatly, depending on the specifics of each case. Factors that influence the settlement amount include the severity of the injuries, medical costs, lost income, and each party’s level of fault. Most of these types of crash cases are resolved through negotiations between the injured person and the driver’s insurance company. However, if an agreement cannot be reached, the case may move to trial, where a judge or jury will determine the outcome.

If you are traveling on foot and are struck by a vehicle, you need an attorney with the experience, skill, resources, and proven results in securing record-breaking compensation to fight for you and help you recover the best possible outcome.

Find out how much your case is worth by checking 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 are the factors in a pedestrian accident settlement in Michigan?

In Michigan, several key factors influence the value of a pedestrian accident settlement. Each case is unique, and the compensation awarded will depend on the specific circumstances surrounding the crash. Below are the most important factors that can affect the outcome of a compensation claim:

• Severity of Injuries: More serious or permanent injuries typically result in higher compensation amounts due to increased medical costs and the long-term impact on quality of life.
• Medical Expenses: The total cost of current and future medical treatment, including hospital stays, surgeries, rehabilitation, and medications, plays a major role in determining compensation.
• Lost Wages and Earning Capacity: If the injury caused the victim to miss work or reduced their future earning potential, this financial loss will be considered in the compensation they may receive.
• Pain and Suffering: Non-economic damages, such as physical pain, emotional distress, and loss of enjoyment of life, are considered and can significantly increase the amount awarded.
• Degree of Fault: Our state’s comparative negligence rule reduces compensation based on the injured person’s share of fault. If the person on foot is partially at fault, their recovery may be reduced.
• Insurance Coverage: The limits of the at-fault driver’s insurance policy—and whether the injured person has uninsured or underinsured motorist coverage—can influence how much compensation is available.
• Documentation and Evidence: Strong evidence, including medical records, witness statements, and photos from the scene, can strengthen a claim and lead to a more favorable compensation outcome.
• Legal Representation (your lawyer’s reputation): Having an experienced Michigan pedestrian accident lawyer can help negotiate better settlement outcomes and navigate the complexities of the legal system.

What You Need to Know About the “Serious Impairment of Body Function” Threshold and Pedestrian Accident Settlements in Michigan

In Michigan, the serious impairment of body function threshold is a legal standard that plays a crucial role in pedestrian accident settlements and lawsuits. To recover compensation for non-economic damages—such as pain and suffering—in addition to medical expenses and lost wages, an injured person of foot must prove that their injury resulted in a “serious impairment of body function.”

This means the injury must significantly limit the person’s ability to perform important life activities or affect their overall quality of life in a substantial way. Minor or temporary injuries typically do not meet this threshold. The serious impairment requirement is intended to prevent frivolous lawsuits and ensure that compensation is reserved for those with significant and lasting injuries.

Understanding this threshold is important because it influences whether you can pursue a full pain and suffering lawsuit beyond the state’s No-Fault insurance benefits. An experienced attorney can evaluate your case to determine if your injuries meet this standard and guide you through the legal process to maximize your compensation or verdict.

How the pedestrian accident settlement process works in Michigan

In Michigan, the pedestrian accident settlement process typically begins shortly after the crash and can involve several steps aimed at resolving your claim for compensation. The timeline and outcome will vary depending on the specifics of your case, but the general process includes the following:

1. Medical Treatment and Documentation
   After the crash, the injured person on foot should seek immediate medical attention. Medical records will serve as key evidence of your injuries and help determine the value of your claim.
2. Filing a No-Fault Insurance Claim
   Under our state’s No-Fault law, you may be entitled to Personal Injury Protection (PIP) benefits, which cover medical expenses, lost wages, and other related costs—regardless of who was at fault.
3. Investigation and Evidence Gathering
   Your attorney or insurance adjuster will collect important evidence, such as crash reports, witness statements, photos, and video footage, to support your claim and establish fault.
4. Identifying Sources of Compensation
   In addition to No-Fault benefits, your attorney will review all potential sources of compensation—such as the at-fault driver’s liability insurance or your own uninsured motorist coverage.
5. Negotiations
   Once your medical treatment is stabilized and damages are calculated, your attorney will begin negotiating your Michigan pedestrian accident settlement with the insurance company. This often involves a demand letter outlining your injuries, damages, and requested compensation.
6. Resolving the claim or Filing a Lawsuit
   Many cases settle through negotiation. However, if a fair resolution cannot be reached, your attorney may file a lawsuit seeking compensation for pain and suffering and other damages. State law requires that your injuries meet the “serious impairment of body function” threshold to pursue this type of claim.
7. Litigation and Trial (If Needed)
   If your case goes to court, both sides will present evidence, and a judge or jury will decide the outcome. However, even after a lawsuit is filed, many cases still settle before reaching trial.

In Michigan, for a full and fair pedestrian accident settlement it’s crucial to consult with an attorney who specializes in auto crash injury cases. They can assess your case, advise you on your legal options, and help you negotiate a fair resolution. For experienced and skilled lawyers with track records of securing favorable agreements and trial verdicts, the value of compensation awards can be increased by up to four times.

Don’t give recorded statements

In Michigan, you should be very cautious about giving a recorded statement to the insurance company—especially without speaking to an attorney first—because it can negatively impact your pedestrian accident settlement.

Insurance adjusters are trained to ask questions that may lead you to say something that downplays your injuries or suggests you were partially at fault. Even innocent or unclear statements can be used to challenge your credibility or reduce the value of your claim. Once recorded, your words can be used against you later in the negotiation or litigation process.

In accordance with state law, while you are required to cooperate with your own No-Fault insurance provider to receive PIP benefits, you are not legally required to provide a recorded statement to the at-fault driver’s insurance company. If you do, it’s best to have an experienced personal attorney present to protect your interests and ensure nothing is misinterpreted.

Avoiding recorded statements without legal guidance helps preserve the strength of your claim and increases your chances of a fair resolution.

Be prepared for negotiations

Settlement negotiations in pedestrian accident cases in Michigan typically begin once your medical treatment is well underway and the full extent of your injuries and damages can be assessed. During this process, insurance companies will review your medical records, bills, lost wages, and other related expenses to determine the value of your claim. It’s important to be cautious when communicating with insurers—especially avoiding recorded statements without legal advice—since any statements can impact the negotiation. An experienced attorney can help advocate on your behalf, negotiate effectively to maximize your compensation, and advise you on whether the offer is fair or if further legal action is necessary. While negotiations can take time and involve several rounds of offers and counteroffers, being prepared, patient and having knowledgeable representation greatly increases your chances of reaching a favorable resolution.

Our attorneys bring over 50 years of experience securing record-breaking, million-dollar compensation awards and trial verdicts for our clients. Here are a few examples of recent results:

• $34.5 Million Truck Crash Award Amount
• $14.3 Million Truck Crash Verdict (involving traumatic brain injury)
• $5.65 Million Traumatic Brain Injury Verdict (pedestrian)
• $5 Million Judgment for Wrongful Death Car Crash (pedestrian)
• $5 Million Judgment for Car Crash (pedestrian)

Your compensation may likely include compensation for your pain and suffering, excess medical expenses, excess lost wages and other economic damages. In Michigan, the amount received from pedestrian accident settlements 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 working for Uber or Lyft, operating a truck or commercial vehicle, or was an employee acting within the scope of their employment at the time they caused injury to a person on foot, the liability insurance coverage limits available for compensation may be higher.

In Michigan, the compensation for pedestrian accident 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.

Depending on your injuries and the liability of the at-fault driver, the compensation that may be recoverable in Michigan from the at-fault driver in pedestrian accident settlements includes compensation for pain and suffering and payment of excess medical expenses and excess lost wages. 

An injured person on foot may be able to recover for unpaid, overdue No-Fault benefits.

Compensation for pain and suffering damages in will allow recovery for: (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.

Excess medical expenses cover that portion of an injured person’s 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.

Excess lost wages cover the portion of an injured person’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. 

There is no public or private entity – in Michigan or the national level – that collects and publishes data about the average amount of pedestrian accident settlements. 

But even if such a database existed, it likely wouldn’t be very useful in determining the best possible compensation amount for your case because it would only show the “average” outcome.

An “average” payout amount would fail to account for the specific circumstances of your case, your specific personal injuries and impairments, your specific medical needs (both now and well into the future), the specific impact on your ability to lead your normal pre-crash life and other factors that are unique to you, your injuries and your case.

If you have been injured in a pedestrian car accident in Michigan and have questions about your settlement options, call now (800) 968-1001 for a free consultation with an experienced lawyer. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.

Michigan Auto Law is our 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. Michigan Auto Law has 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.