What Are The Main Causes Of Pedestrian Accidents?
The main causes of pedestrian accidents are: (1) speeding; (2) driving too fast for conditions; (3) driving too fast to be able to safely stop; (4) texting while driving; (5) distracted driving; (6) driving while intoxicated; (7) disobeying traffic signs/signals; (8) reckless driving; and (9) careless driving.
If you were injured in a pedestrian accident, an experienced lawyer can help you protect your rights to recover pain and suffering compensation, excess medical expenses and lost wages and other economic damages from the at-fault driver who caused the accident that injured you.
A lawyer will also be able to help you recover No-Fault benefits to pay for your medical bills and lost income if your injuries have disabled you from working.
Main causes of pedestrian accidents
The main causes of pedestrian accidents are speeding, driving too fast when it is raining, snowing, foggy, dark, driving while distracted, driving while under the influence of alcohol or drugs, reckless driving, ignoring traffic signals and failing to yield the right of way.
Here is more detail about each of the scenarios listed above:
- Speeding in violation of the posted speed limit (MCL 257.627 and 257.628)
- Driving too fast for conditions (MCL 257.627(1))(“A person operating a vehicle on a highway shall operate that vehicle at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface, and width of the highway and of any other condition existing at the time.”)
- Driving too fast to be able to stop safely (MCL 257.627(1))(“A person shall not operate a vehicle upon a highway at a speed greater than that which will permit a stop within the assured, clear distance ahead.”)
- Texting while driving (MCL 257.602b)
- Distracted driving
- Driving while intoxicated (MCL 257.625)
- Disobeying a stop, yield or merge sign (MCL 257.671(3))
- Disregarding traffic control signals – including flashing red and yellow signals (MCL 257.612 and 257.614)
- Reckless driving (MCL 257.626)
- Careless driving (MCL 257.626b)
- Failure to use ordinary care, which is the care that a reasonably careful person would use (M Civ JI 10.02)
Pain and suffering compensation resulting from the main causes of pedestrian accidents
If you suffered an injury you may be able to sue the at-fault, negligent driver who caused the caused the crash for compensation for your 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 the accident, you must 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 that exceed the benefits that are guaranteed to injured pedestrians under the No-Fault law.
How much is the compensation resulting from the main causes of pedestrian accidents?
The amount of compensation that may result from the main causes of pedestrian accidents will largely come from the at-fault driver’s liability insurance coverage.
Under Michigan law, the minimum liability limit that drivers must carry is $250,000/$500,000 – although drivers “may choose 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 vehicle being driven by the at-fault driver who injured you was an Uber or Lyft or a truck or commercial vehicle, then his or her liability insurance coverage limits may be higher.
Recovering No-Fault benefits
When you have suffered injuries resulting from the main causes of pedestrian accidents, you may be able to recover No-Fault PIP benefits which will help pay for your medical bills, lost wages (if your injuries disable you from working), transportation and mileage costs for traveling to and from doctor appointments, household replacement services and attendant care services.
You will receive your No-Fault benefits from the auto insurance company that is responsible to pay under the No-Fault law’s “priority” rules.
Unlike compensation for pain and suffering and excess medical bills and lost wages, No-Fault benefits are available “without regard to fault” so you are entitled to receive them even before you have shown that the negligent driver was at-fault. (MCL 500.3105)
To start your claim, you must file a “written notice of injury” which is also called an application for No-Fault benefits with the responsible auto insurance company within one (1) year after your pedestrian accident. (MCL 500.3145(1) and (4))
Failure to file a timely application for No-Fault benefits will forever disqualify you from claiming and recovering No-Fault benefits from the insurance company.
Injured and need a lawyer? Call the attorneys at Michigan Auto Law
If you were injured in a pedestrian accident caused by the at-fault driver of a car or truck, you can call toll free anytime 24/7 at (800) 777-0028 for a free consultation with one of our experienced automobile crash attorneys to discuss your rights and what compensation and benefits you may be entitled to under the law. You can also get help from an experienced attorney by emailing [email protected] or you can use the chat feature on our website.