As Michigan pedestrian injury lawyers, we recognize that victims of accidents in Michigan have a lot of questions about their legal rights. We try to answer many of your questions below.
Of course, you probably have a question or concern unique to your own individual case that needs the attention of an experienced Michigan injury and accident attorney.
Call us after your pedestrian accident for a free, no-obligation case review to tell us your story.
Call us now. We are waiting to help you.
What are the rights of a pedestrian hit by a car?
A pedestrian hit by a car in Michigan can make several types of claims. You need a lawyer to sort out your claims and help you file the required insurance paperwork.
First, the injured pedestrian can file a claim for no-fault insurance benefits. These pay your medical expenses, lost income, attendant care services, and other benefits. You can get these payments even if you were at fault or did not an auto insurance policy.
Second, you may be entitled to file a negligence claim. You must prove the driver that struck you was totally or partially at-fault for the crash. This claim provides a settlement payout for your personal injuries resulting from the accident. This is usually a lump sum payment.
Can a pedestrian sue for pain and suffering damages?
A pedestrian hit by a negligent driver can sue for pain and suffering compensation. The insurance company for both the driver of the car and owner of the car pays the settlement.
Pain and suffering settlement payouts include compensation for physical pain, emotional distress, and disability. This compensation is in addition to payment of no-fault insurance benefits for medical bills, lost wages, and other expenses.
What can I do if it was a hit-and-run accident?
Pedestrian hit and run accidents are unfortunately all too common. If you were hit by a driver that fled the scene, you can still claim no-fault insurance benefits. Our attorneys will assist you in filling out all claim forms and sending them to the insurance company.
You may also have an uninsured motorist claim. This is an insurance claim demanding personal injury compensation. You must have your own auto insurance policy with this coverage, or live with a relative that has uninsured motorist benefits in their car insurance policy.
Who is at fault when a pedestrian is hit by a car?
Every pedestrian accident injury case is completely different. In some cases, the driver is completely at fault for hitting the pedestrian. In others, the pedestrian is deemed at fault for getting hit by a car. However, we have handled many cases where the police blame the pedestrian but we prove them wrong and show the driver caused the crash.
What if I am determined to be at fault?
Many times, the police will determine a pedestrian was at fault for getting hit by a car. This happens if a person crosses the street outside a crosswalk, is jaywalking, or walking on road late at night in dark clothing. Even in these situations, you can still receive no-fault benefits.
Also, you may still be entitled to a personal injury settlement. If you were partially at fault, the amount you receive is just reduced by your portion of fault. So, if a jury decides you were 25% at fault and the driver was 75% at fault, you would get 75% of the verdict amount.
How much time do I have to file a lawsuit?
The statute of limitations to file a pedestrian lawsuit in Michigan is three years from the date of the accident. There are shorter time deadlines for no-fault cases and uninsured motorist claims. Children have until the age of 19 to sue a negligent driver for personal injury damages.
How much money can you get for being hit by car?
A personal injury settlement depends on several factors. First, you must show the driver that hit you was careless, reckless, or negligent. Second, you must have a qualifying injury to receive compensation. If were seriously injured, there are no limits on your compensation.
In addition, the amount of money often depends on the insurance policy limits of the other driver. Call our experienced lawyers to learn about the possible settlement amount for your case. We will listen to you story and let you know how we can help you.
Who can sue for a fatal pedestrian accident?
If a pedestrian is killed in an auto accident, the surviving family members can file a wrongful death lawsuit. The family can choose a personal representative to bring the claim. Or, if the family does not agree, a probate court will appoint someone to file the lawsuit.