Michigan Pedestrian Accident Law: Everything You Need To Know

In Michigan, a pedestrian accident occurs when a motor vehicle collides with a person who is walking, running, or otherwise traveling on foot. Because pedestrians are more vulnerable than vehicle occupants, these accidents often lead to serious injuries or even fatalities. Understanding your rights and legal options after such an incident is crucial to protecting yourself and seeking the compensation you deserve.

According to Michigan law, if you are a pedestrian injured in a car accident you may be able to recover pain and suffering compensation from the at-fault driver and No-Fault benefits from your auto insurance company. Understanding these laws is important as fatalities and injuries involving people on foot continue to rise.

No-Fault benefits can be a financial lifeline for injured individuals on foot, covering their crash-related medical expenses and compensating them for lost income if their injuries prevent them from working.

Motor vehicle crashes involving people on foot, resulting in both fatalities and injuries, are increasing in Michigan, according to Michigan Traffic Crash Facts. In 2019, there were 2,403 individuals on foot involved in motor vehicle crashes across the state, compared to 2,317 in 2018. The number of people on foot killed and injured also rose from 145 to 149 and 1,820 to 1,910, respectively, between 2018 and 2019.

Nationwide, the number of people on foot killed in motor vehicle crashes decreased by 169, from 6,374 in 2018 to 6,205 in 2019, but the number of those injured increased from 75,000 in 2018 to 76,000 in 2019, according to NHTSA.

Common causes for crashes

In Michigan, pedestrian accidents often result from a combination of factors involving both drivers and those on foot, as well as environmental conditions. Key contributors include:

• Driver Negligence: Speeding, distracted driving (such as texting or using a phone), impaired driving, failure to yield the right of way, and unsafe passing maneuvers are frequent causes of collisions with people on foot.
• Pedestrian Behavior: Actions like jaywalking, suddenly stepping into traffic, or not using designated crosswalks and sidewalks can increase the risk of being struck by a vehicle.
• Environmental Conditions: Poor weather conditions like rain, snow, and fog, along with darkness and inadequate street lighting, can reduce visibility and make it more difficult for both drivers and those on foot to see each other, increasing the risk of crashes.

Legal implications of pedestrian accidents in Michigan

In Michigan, pedestrian accidents often involve multiple legal considerations, which can affect both the injured person and the driver responsible. Understanding these implications is important to protect your rights and pursue fair compensation.

• Civil Lawsuits: If you are injured in a crash involving a person on foot, you may have the right to file a lawsuit against the at-fault driver. This legal action can seek damages to cover medical bills, lost wages, pain and suffering, and other related losses. However, our state’s “serious impairment of body function” threshold must typically be met to recover non-economic damages like pain and suffering.
• Insurance Claims: Our state’s No-Fault insurance system allows injured individuals on foot to claim Personal Injury Protection (PIP) benefits regardless of fault. These benefits cover medical expenses, rehabilitation costs, and a portion of lost income. Additionally, uninsured or underinsured motorist coverage may provide further compensation if the at-fault driver lacks sufficient insurance.
• Criminal Charges: In cases where the driver’s actions were particularly reckless—such as driving under the influence, speeding, or fleeing the scene—criminal charges may be filed. Serious crashes causing injury or death can lead to charges like reckless driving, negligent homicide, or vehicular manslaughter.

Can I file a lawsuit if I’m injured in a pedestrian accident in Michigan?

In Michigan, if you are injured in a pedestrian accident, you can file a lawsuit against the at-fault driver to seek compensation, but your injury must meet the state’s “serious impairment of body function” threshold. This means your injury must significantly impact your ability to live a normal life. Regardless of fault, our state’s No-Fault insurance system provides Personal Injury Protection (PIP) benefits to cover medical expenses, lost wages, and related costs, but you must file your claim within one year of the crash. For lawsuits seeking compensation for pain and suffering or other non-economic damages, you generally have three years from the date of the crash to file. Given the complexity of these cases and varying deadlines, it’s important to consult with an experienced attorney to understand your rights and navigate the legal process effectively.

What damages can I recover after a pedestrian accident in Michigan?

In Michigan, if you are injured in a pedestrian accident, you may be entitled to recover various types of damages to compensate for your losses. Economic damages include tangible financial costs such as medical expenses, including hospital bills, surgeries, physical therapy, and future care, as well as lost wages and any reduction in your ability to earn income in the future.

Non-economic damages cover intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life. It’s important to note that state law requires your injury to meet a “serious impairment of body function” threshold to qualify for non-economic damages such as pain and suffering. Consulting with an experienced attorney can help you understand your rights and pursue the full compensation you deserve.

What are the statute of limitations for filing a lawsuit?

In Michigan, if you’re injured in a pedestrian accident, it’s important to be aware of the legal deadlines for filing claims. You must file for No-Fault Personal Injury Protection (PIP) benefits within one year of the crash to cover medical expenses, lost wages, and related costs.

If you wish to pursue a lawsuit for pain and suffering or other non-economic damages, you have up to three years from the date of the crash to file, provided your injury meets the state’s “serious impairment of body function” threshold. Acting promptly and consulting with an experienced attorney can help ensure your rights are protected and your claim is handled properly.

According to Michigan law, if you are a pedestrian injured in a car accident, you may be able to recover compensation for pain and suffering damages, excess medical expenses and excess lost wages from the at-fault driver – and from the vehicle owner under the “owner liability” law if the driver and owner are not the same person. (See MCL 257.401(1))

To recover compensation for your pain and suffering, you will need to be able to prove that you suffered a “serious impairment of body function.” This is known as the tort threshold injury requirement, which the No-Fault auto insurance law requires all injured individuals on foot to meet before they can successfully recover “noneconomic loss” damages.

According to Michigan law, it matters who is at-fault for a pedestrian injured in a car accident because if they are seeking pain and suffering compensation and other economic damages they must prove the driver from whom they are trying to recover compensation from was at-fault in causing the crash. However, fault does not matter when an injured person on foot seeks No-Fault benefits.

Rarely is a pedestrian at fault for a car accident in Michigan. But that does not stop auto insurance companies and their defense lawyers from blaming the person walking for injuries caused by an at-fault negligent motorist based on our state’s “comparative fault” law.

The comparative fault rule says:

• “Damages must be assessed on the basis of comparative fault, except that damages must not be assessed in favor of a party who is more than 50% at fault.” (MCL 500.3135(2)(b))

Some Michigan courts have, in my opinion, improperly applied the “more than 50% at fault” comparative fault rule to unfairly blame individuals on foot who are struck by motor vehicles, allowing negligent drivers (and their insurance companies) to avoid responsibility and avoid paying for the injuries and damages they caused.

Nevertheless, if a judge or a jury determines that a person on foot is more than 50% at-fault in causing or contributing to a crash, then he or she will be precluded from suing the driver of the automobile or truck that hit them for pain and suffering compensation.

The amount of compensation you will be able to recover after a pedestrian accident in Michigan for your pain and suffering and excess medical expenses and lost wages will be greatly affected by how much liability insurance coverage the at-fault driver (and owner of his or her vehicle) has available.

All Michigan drivers are legally required to carry a minimum of $250,000/$500,000 in liability insurance coverage, although they have 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))  

However, the liability insurance coverage limits applicable to your crash may be higher if the at-fault driver was driving for Uber or Lyft, driving a truck or commercial vehicle, or if he or she was an employee of a business and acting within the scope of his or her employment at the time of the crash. 

According to Michigan law, if you are a pedestrian injured in a car accident your insurance company will pay for your crash-related medical expenses, lost wages (if your injuries have disabled you from working), mileage and transportation costs for going to and from medical appointments, household replacement services and attendant care services.

Whether you were in any way at-fault in causing or contributing to the crash that resulted in your injuries is irrelevant to your ability and legal right to claim No-Fault benefits because they are guaranteed under the law “without regard to fault.” (MCL 500.3105(2))

According to Michigan law, if you are a pedestrian injured in a car accident the auto insurance company that will be responsible for paying your No-Fault benefits is determined as followed by the No-Fault law’s “priority” rules:

• Your own No-Fault auto insurance policy for your own personal motor vehicle in which you are the named insured. (MCL 500.3114(1); 500.3115)
• The No-Fault auto insurance policy that your spouse has on his or her motor vehicle. (MCL 500.3114(1); 500.3115)
• The No-Fault auto insurance policy that a resident relative who lives with you has on his or her motor vehicle. (MCL 500.3114(1); 500.3115)
• The Michigan Assigned Claims Plan will assign an auto insurance company to pay for your No-Fault benefits if there is no No-Fault coverage available to you through any of the other sources. (MCL 500.3115)

According to Michigan law, if you are a pedestrian injured in a car accident, The amount of No-Fault medical benefits coverage you will have available to pay your medical bills will be limited to whatever No-Fault PIP medical benefits coverage level was selected in your policy or the policies of your spouse and/or resident relative. (MCL 500.3107c(5))

The medical coverage level that applies to your claim will be one of the following: (1) $50,000 (for drivers on Medicaid); (2) $250,000; (3) $500,000; or (4) “no limit” (i.e., unlimited). (MCL 500.3107c(1))

However, if you are claiming No-Fault benefits through an auto insurance company that was assigned to your claim through the Michigan Assigned Claims Plan, then your No-Fault medical coverage will be limited to $250,000. (MCL 500.3172(7)(a))

You may be able to recover excess medical bills and lost wages after as part of your claim for pain and suffering compensation. Excess medical expenses and lost wages are some of the economic damages you can recover from the at-fault driver who caused your crash. (MCL 500.3135(3)(c))

These damages may cover the portion of your medical expenses that is not covered by the No-Fault PIP medical benefits coverage level in the auto insurance policy through which you are claiming benefits.

They may also reimburse you for lost income that is not covered under the No-Fault law.

Why choose an attorney at Michigan Auto Law for your pedestrian accident case?

At Michigan Auto Law, our attorneys specialize exclusively in auto crash injury cases, including pedestrian accidents. With decades of experience and a proven track record of securing some of the largest compensation awards in the state, we have the skill and resources to handle even the most complex cases. Our deep knowledge of our state’s unique No-Fault insurance system and established relationships with local courts help us negotiate faster, more favorable resolutions for our clients. We are committed to providing personalized attention, aggressive advocacy, and clear guidance throughout every step of your case to ensure you receive the maximum compensation you deserve.

If you or a loved one was traveling on foot in Michigan and injured in a crash, 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.

Michigan Auto Law is Michigan’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 2,500 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.

(Sources: Michigan Traffic Crash Facts, Fact Sheets, Pedestrians, 2018-2019; NHTSA, Traffic Safety Facts – Research Note, “Overview of Motor Vehicle Crashes in 2019,” published December 2020)