Pedestrian Accidents
Detroit Is One of the Most Dangerous Cities in America for Pedestrians. I Represent the People Who Pay the Price.
I practice in Detroit, and the statistics here are grim. Michigan consistently ranks among the worst states for pedestrian fatalities. In Metro Detroit specifically, the combination of wide, high-speed roads designed for cars — not people — and inadequate crosswalk infrastructure creates conditions where pedestrian accidents aren't just common, they're predictable. And yet every time a pedestrian is struck, the insurance company's first move is to argue the pedestrian was at fault.
At Koussan Law, I've recovered millions for pedestrians struck by negligent drivers across Southeast Michigan. Hit in a crosswalk by a driver who ran a red light. Struck in a parking lot by a driver who wasn't looking. A child hit by a speeding car in a residential neighborhood. These cases produce catastrophic injuries — because when a 4,000-pound vehicle hits an unprotected human body, there's no crumple zone, no airbag, no seatbelt absorbing the impact.
Michigan Law and Pedestrian Rights
Under MCL § 257.612, drivers must yield to pedestrians in marked crosswalks when the traffic signal permits. Under MCL § 257.613, drivers must yield to pedestrians in unmarked crosswalks at intersections. But Michigan also imposes duties on pedestrians — you cannot suddenly leave the curb and walk into the path of a vehicle so close that the driver cannot stop. This creates the comparative fault battleground that insurance companies exploit.
Here's what matters in practice: even if you weren't in a crosswalk, you may still have a valid claim. Michigan's modified comparative fault rule under MCL § 600.2959 allows recovery as long as you were less than 50% at fault. A pedestrian jaywalking at night may bear some responsibility, but the driver who was speeding, texting, or failed to keep a proper lookout bears responsibility too. I've won cases where the initial police report assigned majority fault to the pedestrian — because a thorough investigation told a different story.
The Injuries Are Almost Always Severe
Pedestrian accident injuries are disproportionately catastrophic compared to vehicle-on-vehicle collisions. The most common injuries I see: traumatic brain injuries from the initial impact or from hitting the pavement, spinal cord injuries resulting in partial or complete paralysis, multiple fractures — pelvis, femur, tibia — often requiring surgical repair with hardware, internal organ damage, and permanent scarring or disfigurement. Recovery is measured in months and years, not weeks. Future medical costs — ongoing rehabilitation, adaptive equipment, attendant care — can reach into the hundreds of thousands.
No-Fault PIP Benefits Apply to Pedestrians Too
This is something most pedestrian accident victims don't realize: Michigan's no-fault system provides PIP benefits to pedestrians struck by motor vehicles, even though the pedestrian wasn't driving. Under MCL § 500.3115, the priority rules determine which insurer pays your PIP benefits. If you have your own auto insurance, your policy pays first. If you don't, the driver's insurer, or the insurer of the vehicle's owner, may be responsible. This means you can receive PIP benefits — medical expenses, 85% of lost wages, replacement services — while also pursuing a third-party negligence claim against the driver for pain and suffering and other damages.
Frequently Asked Questions
Q: Can I recover if I wasn't in a crosswalk when I was hit?
Yes, potentially. Michigan's comparative fault system under MCL § 600.2959 allows recovery as long as you're less than 50% at fault. Not being in a crosswalk doesn't automatically make you majority at fault — the driver's speed, attention, lighting conditions, and whether they had time to react all factor in. I've recovered significant compensation for clients struck outside crosswalks because the driver's negligence was the primary cause of the collision.
Q: Do I get PIP benefits as a pedestrian hit by a car in Michigan?
Yes. Under MCL § 500.3115, pedestrians struck by motor vehicles are entitled to PIP benefits. The priority order depends on your insurance situation: your own auto policy pays first if you have one; if not, the insurer of the vehicle that hit you, or the vehicle owner's insurer. PIP covers medical expenses, 85% of lost wages for up to three years, and replacement services — regardless of who was at fault for the accident.
Q: What is the statute of limitations for a pedestrian accident claim in Michigan?
Three years from the date of the accident for a third-party negligence claim under MCL § 600.5805. One year for PIP benefits under MCL § 500.3145. If a government entity is responsible — for example, a city vehicle struck you, or a dangerous road design contributed to the accident — you must file a 120-day notice under MCL § 691.1404. Multiple deadlines apply, and missing any one of them can eliminate part of your recovery.
Q: What if a hit-and-run driver struck me as a pedestrian?
You still have options. Your own auto insurance policy's uninsured motorist coverage may apply. PIP benefits are still available through the priority system. If you don't have auto insurance, the Michigan Assigned Claims Plan may provide coverage. I've handled hit-and-run pedestrian cases where the driver was never identified, and we still recovered full PIP benefits and uninsured motorist compensation for the client. The key is acting fast and filing the right claims with the right insurers.
