Michigan Pedestrians Have Stronger Rights Than Most People Realize
There is a myth that if you were not in a crosswalk, you have no case. That is not how Michigan law works. Under MCL § 257.612, drivers must exercise due care to avoid colliding with any pedestrian on the roadway, whether or not the pedestrian is in a crosswalk. Drivers must also give audible signal when necessary and exercise proper precaution upon observing a child or confused or incapacitated person on the roadway. The law places a high burden on drivers to watch for pedestrians — period.
Why Pedestrian Injuries Are So Severe
A pedestrian hit by a vehicle has no protection. No seatbelt, no airbag, no steel frame. Even at 25 mph, the impact force is enough to cause traumatic brain injuries, spinal cord damage, multiple fractures, and internal organ injuries. At 40 mph, the fatality rate for pedestrians exceeds 80%. The physics are devastating, and the injuries reflect that. Our pedestrian accident cases consistently involve catastrophic outcomes that require lifetime medical care.
Insurance Coverage for Pedestrian Accidents
Michigan's no-fault system provides PIP benefits to pedestrians, but the coverage source depends on your situation. If you have your own auto insurance, your PIP benefits come from your own policy first. If you do not own a car, benefits may come from a resident relative's policy, the at-fault driver's insurer, or the Michigan Assigned Claims Plan under MCL § 500.3114. The third-party claim — for pain and suffering against the driver who hit you — requires proving negligence and meeting the serious impairment threshold.
Common Pedestrian Accident Locations in Detroit
The pedestrian accidents we handle cluster around predictable locations: Michigan Avenue and Woodward Avenue where high-speed traffic intersects with dense pedestrian activity, parking lots at shopping centers where drivers back out without looking, residential neighborhoods where children play near the street, and highway on-ramps and off-ramps where pedestrians are sometimes stranded after vehicle breakdowns. Detroit's infrastructure was designed for cars, not pedestrians, and the accident statistics reflect that design failure.
Comparative Fault and Pedestrians
Michigan's comparative fault rules under MCL § 600.2959 apply to pedestrian cases. If the driver argues you were jaywalking, distracted by your phone, or wearing dark clothing at night, they are trying to shift fault to you. But even if you were partially at fault, you can still recover compensation as long as your fault does not exceed 50%. Koussan Law fights these blame-the-victim arguments with evidence — dashcam footage, traffic camera recordings, witness testimony, and accident reconstruction.
If you were hit by a car while walking in Michigan, call Koussan Law at (313) 800-0000. Pedestrian cases require fast evidence preservation and we begin investigating immediately.
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