Michigan Pedestrian Accident Law: As pedestrian fatalities and injuries continue to rise, it is critical to understand Michigan pedestrian car accident law. You may be entitled to pain and suffering compensation from the at-fault motorist who damaged you, as well as No-Fault payments from your vehicle insurance company, under the law.
For wounded pedestrians, no-fault compensation may be a financial lifeline, covering their medical expenditures and reimbursing them for lost wages if their injuries prevent them from working.
Is there a higher chance of a pedestrian automobile accident?
According to Michigan Traffic Crash Facts, pedestrian-involved motor vehicle incidents involving both deaths and injuries are on the rise in Michigan. In 2019, there were 2,403 pedestrians killed in car accidents in the state, compared to 2,317 in 2018. From 2018 to 2019, the number of pedestrians killed and wounded climbed from 145 to 149 and 1,820 to 1,910, respectively.
According to the National Highway Traffic Safety Administration, the number of pedestrians killed in motor vehicle incidents decreased by 169 from 6,374 in 2018 to 6,205 in 2019, although the number of pedestrians wounded climbed from 75,000 in 2018 to 76,000 in 2019.
Concerning recompense for pain and suffering.
If you were wounded in a pedestrian automobile accident, you may be eligible to seek damages for pain and suffering, medical bills, and lost income from the at-fault driver – and, if the driver and owner are not the same person, from the vehicle owner under the “owner liability” legislation. (See MCL 257.401(1) for further information.)
You must be able to demonstrate that you suffered a “severe impairment of physical function” in order to receive compensation for your pain and suffering. All of that is known as the tort barrier injury criterion, which all damaged pedestrians must meet before they may lawfully claim “noneconomic loss” damages under the No-Fault car insurance laws.
Is it important to determine who was at blame in a pedestrian automobile accident?
Both yes and no. It matters for wounded pedestrians seeking compensation for pain and suffering as well as any economic damages because they must show that the driver they are suing was at fault in causing the accident. When a pedestrian is hurt and claims No-Culpability payments, however, fault is irrelevant.
When is it appropriate to hold a pedestrian responsible for an automobile accident?
A pedestrian is rarely at fault in a car accident. However, based on Michigan’s “comparative fault” rule, vehicle insurance companies and their defence lawyers continue to blame pedestrians for injuries caused by a negligent at-fault motorist.
As per relative fault rule:
• ” Losses must be assessed on a relative fault basis, with the proviso that damages cannot be awarded to a party that bears more than 50% of the guilt. 500.3135(2)(b) MCL 500.3135(2)(b) MCL 500.3135(2)(b) MCL 500
Some Michigan courts, in my opinion, have improperly applied the “more than 50% at fault”/comparative fault rule to unfairly blame pedestrians hit by motor vehicles as a way to shield negligent motorists (really their insurance companies) from being held liable and forced to pay for the injuries and harms they have caused.
However, if a judge or jury finds that a pedestrian is more than 50% at blame in creating or contributing to a vehicle accident, the pedestrian will be barred from seeking pain and suffering compensation from the driver of the car or truck that hit them.
How much money can you get if you’re hurt?
After a pedestrian automobile accident, the amount of compensation you can receive for your pain and suffering, additional medical bills, and lost income will be heavily influenced by the level of liability insurance coverage available to the at-fault driver (and owner of his or her vehicle).
All Michigan drivers are required to have liability insurance coverage of at least $250,000/$500,000, with the option to “buy lesser amounts” of $50,000 and $100,000. 500.3009(1)(a) and (b), (5)) (MCL 500.3101(1); 500.3131(2); 500.3009(1)(a) and (b), (5))
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 company and working within the scope of his or her job at the time of the incident, the liability insurance coverage limitations applicable to your crash may be greater.
After a pedestrian automobile collision, you may be eligible for no-fault benefits.
After a pedestrian automobile collision, no-fault compensation will cover your medical expenses, lost income (if your injuries have rendered you unable to work), mileage and transportation costs to and from medical appointments, household replacement services, and attendant care services.
Whether or whether you were at fault in causing or contributing to the accident that resulted in your injuries has no bearing on your ability to receive No-Blame payments, which are protected by law “regardless of fault. (MCL 500.3105(2); MCL 500.3105(1); MCL 500. 3105(2); MCL 500. 3105(2); MCL 500. 3105(2); MCL 500. 3105(2); MCL 500. 3105(2); MCL
Who is responsible for your No-Fault benefits?
Following the No-Fault law’s “priority” principles, the motor insurance company responsible for paying your No-Fault compensation following a pedestrian automobile collision is determined:.
• Your own personal No-Fault auto insurance policy for which you are the listed insured. (MCL 500.3114(1); 500.3115; 500.3116).
• Your spouse’s no-fault auto insurance coverage on his or her vehicle. (MCL 500.3114(1); 500.3115; 500.3116).
• A resident relative who resides with you has a No-Fault auto insurance coverage on his or her vehicle. (MCL 500.3114(1); 500.3115; 500.3116).
• If you do not have No-Fault coverage via any of the other sources, the Michigan Assigned Claims Plan will assign a car insurance company to pay for your No-Fault benefits. 500.3115 (MCL).
How much no-fault medical coverage do you have to meet your medical expenses?
After a pedestrian automobile collision, the amount of No-Fault medical benefits coverage you have available to pay your medical expenses will be restricted to the level of No-Fault PIP medical benefits coverage set in your policy or the policies of your spouse and/or resident relative. (MCL 500.3107c(5), MCL 500.3107c(5), MCL 500.3107c(5),
Your claim’s medical coverage level will be one of the following:
(1) $50,000 (for Medicaid drivers);
(3) $500,000; or
(4) “no limit” (i.e., unlimited). (MCL 500.3107c(1), MCL 500.3107c(2), MCL 500.3107c(3),
Your No-Fault medical coverage will be restricted to $250,000 if you are seeking No-Fault benefits via an auto insurance carrier that was allocated to your claim through the Michigan Assigned Claims Plan. 500.3172(7)(a) (MCL).
Expenses for medical treatment and missed pay as a result of a pedestrian automobile collision.
As part of your claim for pain and suffering compensation, you may be eligible to collect unpaid medical expenses and lost income. You may be able to collect additional medical bills and lost earnings from the at-fault driver who caused your accident. 500.3135(3)(c) (MCL).
These damages may pay the percentage of your medical expenditures not covered by the vehicle insurance policy’s No-Fault PIP medical benefits coverage level.
They may also compensate you for lost wages not covered by the No-Fault Act.
WHAT ARE THE MAIN CAUSES OF PEDESTRIAN ACCIDENTS IN MICHIGAN?
The majority of pedestrian accidents happen because vehicles are either distracted or breaking traffic regulations.
When a pedestrian is hit by a car, truck, bus, motorbike, bicycle, or any other vehicle, a pedestrian injury lawsuit is brought for allegations of reckless and negligent driving.
The following are the most prevalent reasons for pedestrians being hit by vehicles:
• Speeding, especially in metropolitan cities with considerable pedestrian traffic;.
• Running red lights with people walking at a junction;.
• Defying road signs and pavement markings;.
• Driving too fast in neighbourhoods where children frequently run into the street;.
• Trying to make turns out of roads without paying attention to things and people on sidewalks;.
PREVENTING PERSONAL INJURIES ON THE ROAD.
Pedestrians must constantly be alert and never assume that a driver will drive cautiously and safely. Pedestrians frequently make the following errors:
• Crossing the street without using a crosswalk.
• Entering the highway despite “Do Not Walk” signs.
• Walking across the street while looking at a phone.
• Walking without luminous gear before dawn and after night.
• Crossing the street in a dimly lit location while dressed in black apparel.
• Walking when under the influence of alcohol or drugs.
COMMON INJURIES SUFFERED IN PEDESTRIAN ACCIDENTS
When a pedestrian is struck by a car, they have little chance of avoiding catastrophic injury. Cars weigh almost 4,000 pounds on average, while vans and trucks are significantly heavier. The injuries sustained by a person hit by a car are frequently fatal and life-altering. The following are the most prevalent injuries:
• Concussions, closed head traumas, and traumatic brain injuries (TBD).
• Quadriplegia and paraplegia due to spinal cord injury.
• Skull fracturing and facial injuries
• Broken bones all throughout the body.
• Nervous system damage
ARE THERE ANY NO-FAULT INSURANCE BENEFITS FOR PEDESTRIANS IN MICHIGAN?
Under Michigan law, pedestrians injured by a motor vehicle are always entitled to no-fault insurance payments. Even if the individual did not own a car or have an auto insurance policy, you may be eligible for compensation. To be eligible for these benefits, you must be a Michigan resident or an out-of-state resident with a car titled and insured in Michigan.
Your personal automobile insurance or the car insurance of a family member with whom you were living at the time of the accident will provide no-fault benefits. If neither of these situations apply to you, you may be eligible for payments through the Michigan Assigned Claims Plan.
It might be difficult to figure out which insurance provider is responsible for providing your benefits. Our attorneys will help you figure it out and file the necessary papers for a pedestrian accident claim in Michigan. To ensure that your benefits are paid, we will engage directly with the insurance adjuster.
Payment of lifelong medical expenses, lost income, attendant care services, home benefits, and payments for other medically essential services and items are examples of these benefits.
CAN I RECEIVE NO-FAULT BENEFITS IF THE ACCIDENT WAS MY FAULT?
Even if you were partially or completely at fault in the accident, you are entitled to all No-Fault insurance benefits. This is true even if you were crossing the street illegally when you were hit by the automobile, or if you were inebriated or under the influence of drugs or alcohol at the time of the accident.
If the collision was your fault for any reason, the insurance company cannot refuse your benefits.
YOUR RIGHTS AFTER A HIT-AND-RUN PEDESTRIAN ACCIDENT IN MICHIGAN.
Accidents involving hit-and-run drivers are all too prevalent. Many drivers avoid the scene of a major pedestrian injury or death because they are afraid of the criminal consequences that may follow.
Drunk and drunk drivers are likely to face jail time if they refuse to submit to roadside sobriety tests after a major collision.
The victim of a hit-and-run accident is still entitled to no-fault insurance coverage even if a car or driver is never identified. The evidence must merely prove that the accident included a motor vehicle. Eyewitness testimony and physical evidence at the site can support this claim.
Uninsured motorist coverage is also included in many vehicle insurance packages. In the case of a hit-and-run or being struck by a driver or vehicle without auto insurance, this provides for a pain and suffering payment.
IS IT POSSIBLE FOR ME TO SUE FOR PAIN AND SUFFERING COMPENSATION?
If you’ve been hit by a car, you may be able to claim for damages for pain and suffering. This is in addition to your no-fault insurance compensation being paid.
You have the right to sue both the at-fault motorist and the owner of the vehicle he or she was driving. The facts and testimony of eyewitnesses must show that the motorist was breaking the laws of the road and was at fault in the collision. It must also be established that the pedestrian’s injuries or death were caused by the driver’s carelessness.
These types of claims are referred to as “bodily injury” or “personal injury claims,” and they are distinct from no-fault insurance claims.
Physical pain and suffering, loss of enjoyment of life, psychological damages, disability, and scars created by the accident are all covered under bodily injury claims. In a lawsuit, there is no limit to the amount of pain and suffering damages you might collect. The defendants’ insurance policy limitations, on the other hand, have a significant role in your ultimate compensation amount.
HOW MUCH ARE MICHIGAN PEDESTRIAN ACCIDENT SETTLEMENTS?
There is no such thing as a “average” pedestrian accident settlement that can be utilized to calculate the compensation payment in your case.
The amount of compensation you are entitled in Michigan has no restrictions or limits, although it is frequently decided by the negligent driver’s insurance policy limits and the limits of any other available insurance coverage.
Every claim is unique, and it is based on a variety of criteria. The amount of your settlement will be determined by the severity of your injuries, their long-term effects, the kind and duration of your medical care, and how your injuries have impacted your ability to live a normal life.
Other considerations in a settlement include whether you suffered an excessive loss of income or a loss of future profits.
In a pedestrian accident case, our Michigan attorneys look into every potential source of insurance coverage to make sure you get the best possible compensation. This entails finding both the driver and the owner of the car that hit the pedestrian’s insurance policy.
These are frequently two independent policies that can be combined to improve the amount of insurance money available to pay the settlement.
Furthermore, many pedestrians are insured by their own vehicle insurance or a family member’s coverage.
Many insurance include uninsured and underinsured motorist coverage, which pays for pain and suffering damages in the event of an accident.
DO I REQUIRE THE SERVICES OF AN ATTORNEY IN MY CASE?
You are not obligated to employ a Michigan lawyer to represent you in a pedestrian accident lawsuit. In fact, if you have a small injury and have healed, you may be better off settling with the insurance company on your own. If you have a significant injury or the pedestrian accident case includes a fatality, you should speak with an expert Michigan lawyer to see if you require assistance.
There are a number of compelling reasons to hire a pedestrian accident attorney. To begin with, the no-fault insurance laws are complicated and perplexing. You shouldn’t expect the insurance company to tell you everything you owe, and you shouldn’t expect to be compensated for all you owe.
It’s probable that you’ll be unaware of the advantages that your insurance provider failed to pay you.
Second, you’ll have a hard time determining which insurance plans would be available to pay you an accident claim.
Expect the insurance company adjuster to lie to you about the true limitations of your coverage or to bargain with you fairly. You will be asked to sign a Release of All Claims, which will require you to give up benefits that you are entitled to for the rest of your life.
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