As a pedestrian hit by a car in Michigan, learn about your immediate steps, legal rights, compensation options, and how an experienced attorney can help you recover damages.
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Hit By a Car While Walking? Your Legal Options in Michigan

Being struck by a vehicle while walking can be a life-altering experience. In Michigan, pedestrians face unique challenges when seeking compensation for their injuries. If you’ve been hit by a car while walking, understanding your legal options is crucial for protecting your rights and securing the compensation you deserve.

Immediate Steps to Take After Being Hit by a Car

The moments following a pedestrian accident are critical. Your actions during this time can significantly impact any future legal claims. If you’re able, you should: Collect evidence from the scene, such as photographs and witness information, to strengthen your case. Additionally, it is advisable to consult with an attorney who specializes in pedestrian accident legal strategies to ensure you understand your rights and options moving forward. Taking these steps can help you build a solid foundation for any claims you may pursue.

Call 911 immediately to report the accident and request medical assistance. Even if your injuries seem minor, some serious conditions may not show symptoms right away.

Get the driver’s contact and insurance information. If possible, take photos of the accident scene, including the vehicle, your injuries, and the surrounding area.

Speak with witnesses and collect their contact information. Their testimony can provide valuable support for your case later on.

Seek medical attention promptly, even if you don’t think you’re seriously hurt. Medical records serve as crucial evidence linking your injuries to the accident.

Understanding Michigan’s No-Fault Insurance System

Michigan operates under a no-fault insurance system, which has specific implications for pedestrian accidents. As a pedestrian hit by a car, you’re entitled to Personal Injury Protection (PIP) benefits regardless of who caused the accident.

These benefits typically cover medical expenses, lost wages, replacement services, and other costs related to your injury. They’re available through the driver’s insurance company, your own auto insurance (if you have it), or a household member’s policy.

If you don’t have access to auto insurance through any of these sources, you may file a claim with the Michigan Assigned Claims Plan (MACP).

When Can You Sue Outside the No-Fault System?

While Michigan’s no-fault system covers many expenses, it doesn’t compensate for pain and suffering or certain other damages. To recover these types of compensation, you’ll need to file a third-party claim against the at-fault driver.

In Michigan, you can pursue a lawsuit against the driver if you’ve suffered a “threshold injury,” which includes: These injuries may be related to the severity of the accident and can include disfigurement, significant impairment of body function, or death. It’s important to also consider the impact of Michigan cell phone driving laws, which aim to reduce distractions on the road and may play a role in proving fault in your case. Violating these laws could strengthen your claim if it is determined that the driver was distracted at the time of the accident.

Serious impairment of body function that affects your ability to lead your normal life

Permanent serious disfigurement

Death (in which case your family members would file a wrongful death claim)

Potential Compensation for Pedestrian Accidents

If you qualify to file a third-party claim, you may be entitled to compensation for:

Pain and suffering, both physical and emotional

Loss of enjoyment of life

Disability and disfigurement

Loss of consortium (impact on your relationship with your spouse)

Excess economic losses beyond what PIP benefits cover

Common Challenges in Pedestrian Accident Cases

Pedestrian accident claims often face specific challenges. Insurance companies may try to argue that you were partially at fault by claiming you weren’t using a crosswalk, were distracted, or violated traffic laws.

Michigan follows a comparative negligence rule, meaning your compensation may be reduced by your percentage of fault. If you’re found to be more than 50% responsible, you may be barred from recovering non-economic damages like pain and suffering.

The Importance of Legal Representation

Given the complexity of Michigan’s insurance laws and the severe injuries often involved in pedestrian accidents, working with an experienced personal injury attorney is crucial. At the Law Offices of Henry Hanflik, we have over 50 years of experience handling complex personal injury cases, including pedestrian accidents.

Our attorneys understand the nuances of Michigan’s no-fault system and know how to build strong cases that overcome common defense tactics. We’ll work tirelessly to document your injuries, establish liability, and fight for the maximum compensation available under the law.

Take Action to Protect Your Rights

If you or a loved one has been hit by a car while walking in Michigan, don’t wait to seek legal help. The statute of limitations limits the time you have to file a claim, and important evidence may be lost with delay.

Contact the Law Offices of Henry Hanflik at 810-720-4000 for a free consultation. Our experienced personal injury attorneys will evaluate your case, explain your options, and help you navigate the complex legal process ahead. We take a limited number of cases to ensure each client receives the personalized attention and high-quality representation they deserve.