Losing a loved one is always difficult, no matter the circumstances. However, when a death is unexpected and due to another person’s careless or reckless behavior, it is often traumatizing and leaves the surviving family members unsure of how to proceed.

If your loved one was struck and killed by a vehicle while jogging or simply walking across the street, a lawyer who is familiar with fatal pedestrian accident claims in Michigan might be able to help.

While taking legal action might seem daunting, you might be facing medical bills, funeral expenses, and other pecuniary stresses during this difficult time.

By enlisting the services of a skillful and compassionate attorney at Buckfire & Buckfire, P.C., you could pursue compensation that might help to ease your financial burden and allow you to focus on spending time with your family.

Legal Action on Behalf of the Deceased

Michigan Compiled Laws § 600.2922 applies to fatal pedestrian accidents, allowing a legal claim to be pursued if the incident was caused by a wrongful act, neglect, or fault of another person or entity.

Essentially, if the deceased victim could have filed a personal injury lawsuit—had they have lived—a family member or representative could file a lawsuit on their behalf.

Before this can be done, a representative is required to send a written notice to the deceased person’s family members, making them aware of the claim. However, only certain family members or individuals can potentially receive damages in these cases. These include:

  • Spouse
  • Children
  • Parents and grandparents
  • Siblings
  • Children of the deceased person’s spouse
  • Anyone who is left property in the decedent’s will

If none of the above individuals are alive, or the decedent does not have a will, any individual who is eligible to inherit the estate of the deceased can usually receive damages in a case. Because of the nuances of this system, hiring a Michigan attorney who is familiar with claims stemming from fatal pedestrian accidents might prove to be essential.

Fatal Pedestrian Accident by Year in the United States

The line chart below shows the trend of pedestrian fatalities in the United States between the years 2007-2016. Over the time frame, there has been a noticeable upward trend in pedestrian fatalities by an average of 2.45% each year. 

There’s also been an increase in pedestrian deaths from 2009 to 2016 — with the exception of 2013, where the number of deaths was almost stagnant from the prior year.

United States pedestrian fatalities by year - Buckfire Law

  • 2007: 4,699
  • 2008: 4,414
  • 2009: 4,109
  • 2010: 4,302
  • 2011: 4,457
  • 2012: 4,818
  • 2013: 4,779
  • 2014: 4,910
  • 2015: 5,495
  • 2016: 5,987

Types of Compensation Available

While no amount of compensation can bring a loved one back, a successful lawsuit might help to ease the financial strain placed on the surviving family members.

If the judge or jury finds the defendant in the case to be liable for a fatal accident, the plaintiff or plaintiffs might be able to recover numerous forms of damages. These might include:

  • Medical, funeral, and burial expenses
  • Lost wages and future lost income
  • Pain and suffering endured by the deceased prior to their death
  • Property damage
  • Pain and suffering endured by family members as a result of the death
  • Loss of care and companionship

Seeking Legal Counsel After a Fatal Pedestrian Accident in Michigan

If your loved has passed away due to the negligent actions of another person, you might wish to reach out to a compassionate lawyer at Buckfire & Buckfire, P.C. for help.

A seasoned attorney who is familiar with Michigan’s fatal pedestrian accident claims could help to answer your questions, investigate the circumstances of an incident, and pursue compensation on your behalf. Whenever you feel ready, an attorney could take your call.

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