Pedestrian Accident Claims: Understanding Your Rights in Michigan
If you've been hit by a vehicle while walking, crossing a street, or jogging, you're facing one of the most physically and financially devastating experiences possible. Michigan law provides specific protections for injured pedestrians, but navigating the system requires understanding how no-fault insurance, PIP benefits, and third-party liability interact.
Immediate Steps After a Pedestrian Accident
Call 911 immediately. Pedestrian accident injuries are almost always serious enough to require emergency medical attention. Document the scene if you can — photograph the vehicle, the crosswalk or intersection, traffic signals, and any skid marks. Get the driver's information and any witness contact details. Seek medical treatment within 24 hours even if you were treated at the scene, to establish a comprehensive medical record.
How Michigan's No-Fault System Protects Pedestrians
Michigan law is actually favorable to pedestrians in one important way: even if you don't own a car, you're entitled to PIP benefits when struck by a motor vehicle. The insurer responsible for PIP depends on whether you or a household member has an auto policy. If not, the vehicle owner's or operator's insurer must pay. PIP covers medical expenses, 85% of lost wages, household services, and attendant care.
Suing for Pain and Suffering
PIP covers economic losses but not pain and suffering. For that, you need a third-party claim against the at-fault driver. You must prove the driver was negligent and that your injuries meet the serious impairment threshold. Given that pedestrian injuries typically include multiple fractures, spinal damage, and permanent scarring, this threshold is usually met.
Injured as a pedestrian in Michigan? Call Koussan Law at (313) 800-0000 or use our case calculator.
