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Flint Pedestrian Accident Lawyer

Have you been injured in a Flint pedestrian accident? Call Christopher Trainor & Associates for a free case review. You could be entitled to significant compensation.

Traveling by foot carries serious risks. As a pedestrian, you have no physical protection against motor vehicles. A pedestrian accident can be quite life-altering, costly, and emotionally overwhelming, often even more so than the average auto accident.

An experienced Flint pedestrian accident lawyer can offer the resources you need to successfully file a personal injury claim if you get injured due to a driver’s negligence. It is no secret that you will need competent legal representation to obtain maximum compensation.

If you or a family member have been injured due to someone else's negligence in a pedestrian accident, we urge you to contact our law firm for a free consultation. We at the Law Offices of Christopher Trainor & Associates are available to review the circumstances of your case and help you determine the best path forward.

Michigan Law in Pedestrian Accidents

Pedestrians in Flint must look to Michigan law regarding pedestrian accidents. Because Michigan is a no-fault state, pedestrians who were in a motor vehicle crash should, when possible, file a Personal Injury Protection (PIP) claim, also known as a no-fault claim, with their own auto insurance company. This will allow the injured party to get streamlined compensation for their injuries.

The law applies to all pedestrians involved in an accident with a motor vehicle, regardless of fault. If they have a policy, they must file with their own auto insurance company even if their own motor vehicle was not involved in the accident at all because any car accident automatically entitles injured persons to the no-fault PIP coverage drivers are required to have by law.

Sometimes, a pedestrian does not own a motor vehicle or drive at all and therefore does not have coverage from an auto insurance company to give them these benefits. This situation requires the injured person to file their claim for no-fault benefits with the Assigned Claims Facility of the Michigan Department of State. This governmental office serves as a last resort option for any auto accident victims whose claims are randomly assigned to authorized auto insurance companies in Michigan.

Another important aspect to consider is the state’s no-fault reforms from 2019. As a result of them, benefits through the Assigned Claims Plan are limited to $250,000 worth of coverage for medical expenses and lost wages resulting from their injuries.

To navigate these complicated laws and obtain fair compensation for your pedestrian accident, it is in your best interest to contact a law firm. Our Flint pedestrian accident lawyers in Flint MI are ready to listen to your case and provide a free consultation.

Do I Need A Flint Pedestrian Accident Lawyer?

In an auto accident, the other driver must usually prove that they were not an at fault driver. When a pedestrian is involved, there are other factors to deal with. Physical contact is not necessary for the driver of a motor vehicle to cause a pedestrian’s injuries. So long as the motor vehicle was the cause of the pedestrian accident, they can file a pedestrian accident claim.

Our Flint pedestrian accident lawyer can handle the intricacies of this unique type of personal injury claim. The serious injury you’ve suffered as a result of a Flint pedestrian accident should not go uncompensated. We can help you navigate the complex waters of Michigan law as well as negotiating with the at-fault party’s insurance company when necessary to make sure you get fair and full compensation.

Pedestrian Accident Statistics

Due to the lack of physical protection, pedestrians are more likely to suffer from serious injuries in an accident compared to other types of accidents involving motor vehicles. In more than 80 percent of pedestrian accidents, a pedestrian is seriously injured or killed.

The rate of pedestrian accident fatalities in the U.S. increased from 2010 to 2021 from 4,302 to 7,624 per year, according to the Governors Highway Safety Association. The CDC interpreted it as one pedestrian death occurring every 66 minutes, with 1 in 6 traffic crash-related deaths being pedestrians.

Such an enormous increase in pedestrian deaths over a decade cannot be ignored, as it results in an all-time high in 40 years. One reason why the rates are skyrocketing in the country is due to the popularity of larger vehicles such as pickup trucks and SUVs. Due to their larger size, heavier weight, and higher seating position as well as larger blind spots, they are more likely to strike the pedestrian in the chest or head rather than the lower extremities.

Michigan Pedestrian Accident Rates

Michigan crash data shows a 17% increase in pedestrian deaths from 2020 to 2022. Every year, more than 100 pedestrians die in the state. The city of Flint is second only to Detroit in terms of the highest pedestrian crashes.

The pedestrian car crash statistics for 2022 in the state of Michigan showed a 6% increase compared to 2021. Also, Michigan’s pedestrian deaths have increased since 2019. The 1,897 auto accidents involving pedestrians in 2022 were the third-lowest number over the past decade.

Causes of Pedestrian Accidents

One of the most common causes of serious injuries for pedestrians is a driver who fails to stop at traffic lights or stop signs or fails to yield to pedestrians. This is often the result of poor visibility or driving while under the influence. Other causes are:

  • Distracted driving
  • Speeding or reckless driving
  • Fatigue
  • Left turns
  • Backing up
  • Road construction
  • Weather
  • Pedestrians wearing dark clothing
  • Distracted pedestrians
  • Pedestrians ignoring traffic signals and engaging in improper crossing
  • Jaywalking

It is not always easy to determine the cause of a particular pedestrian accident. Sometimes, there may be one or more causes at play. There may also be multiple parties at fault. No matter the circumstances of your pedestrian crash, you are entitled to damages. If you were injured in a car or truck accident while you were on foot, our team at Christopher Trainor & Associates is available to offer you a free consultation.

Factors in Michigan Pedestrian Accidents

Like pedestrian accidents, auto accidents, and other traffic-related crashes in the country, motorist negligence is a common cause of Michigan pedestrian accidents. Distracted driving of motorists means they are not paying attention to who is around them, and distraction by texting plays a part in Michigan pedestrian accidents. Distracted drivers in the nation are 1.6 times more likely to fatally strike pedestrians on marked crosswalks and nearly three times as likely to strike them on road shoulders.

Other causes are:

  • Speeding: It becomes harder for a driver to slow down, much less quickly come to a full stop while speeding
  • Driving excessively fast for road conditions: No motorist should drive at normal speeds when road conditions are hazardous, such as icy surfaces.
  • Driving while intoxicated: Alcohol impairs reaction speed and judgment, making a driver under the influence less likely to exercise caution around a motorcyclist and greatly increasing the chances of a drunk driving accident.
  • Reckless driving or disobeying traffic signs and signals: Aggressive behavior in which the driver has no regard for the safety of persons or property.

Although pedestrian accidents can occur anywhere, it is in parking lots and garages that take predominance across the nation. According to the GHSA, most pedestrian accident fatalities occur in urban areas, which have more pedestrians and more traffic. The majority of those in Michigan occur between 6 pm and midnight and when the driver fails to yield right-of-way or when a pedestrian is crossing the road other than at an intersection.

Certain pedestrian behaviors can also increase the risk of an accident. Using mobile devices, not using sidewalks, bridges, or pedestrian crossings, and crossing the street without taking precautions are the most common risk behaviors.

When you need to file a claim for your Flint pedestrian injury accident, the process of interviewing witnesses, gathering medical bills, and hiring an expert witness is incredibly time-consuming. Representing yourself if you are still in treatment for your injuries or attempting to build a case on behalf of your relative’s wrongful death in a pedestrian accident can also be incredibly stressful, if not impossible. On top of all that, studies show that when you do not have a lawyer representing you, you will not get as much of a payout as if you have an experienced lawyer.

A free consultation from a Flint pedestrian accident lawyer in our law firm is your opportunity to learn about what we can do for your case and become familiar with your potential legal representative.

Pedestrian Accident Demographics

The odds of dying in a pedestrian accident are 1 in 485, according to the National Safety Council. The rates of pedestrian fatalities in crashes account for 17% of accident fatalities. Per 100,000 people, the risk of pedestrian death is highest for people ages 20 to 69 in motor vehicle crashes. Such cases have the potential to be wrongful death lawsuits when claims are filed by their relatives.

When considering more specific categories such as age plus gender, the demographics change. Male pedestrians aged 80 and older are most at risk for fatality. Other likely pedestrian accident victims besides older people are children and disabled people; children for their small size and lack of familiarity with their environment, and disabled people for their inability to move quickly away from an approaching vehicle. Children age 14 or younger account for a significant portion of pedestrian accident fatalities.

Injuries Resulting From Pedestrian Accidents

A pedestrian accident victim is most likely to sustain leg injuries and injury to the lower extremities, including tibial plateau fractures and ligamentous injuries to the knee. Some other common injuries are trauma to the head, neck, and pelvis, skull damage, traumatic brain injuries, spinal cord injuries, shoulder displacement, and jaw fractures.

Because pedestrians often sustain impact from the motor vehicle as well as the ground, they experience secondary injuries, too. These may occur immediately after primacy impact injuries and include abrasions, contusions, lacerations, and fractures along with other types of injuries. If you've suffered any type of serious injury from a pedestrian accident, an experienced pedestrian accident lawyer can quickly get your medical bills paid during your treatment and recovery.

Damages You Can Claim in a Michigan Pedestrian Accident

Flint pedestrian accidents, even if they do not involve vehicle crashes, are treated much the same way as car accidents and other personal injury cases. In a Michigan pedestrian accident, the injured pedestrian or their next-of-kin (in wrongful death cases) can typically expect to claim the following damages per their no fault benefits:

  • Lost wages
  • Medical bills
  • Medical expenses
  • Non-economic damages, such as pain and suffering caused by a negligent driver
  • Damage to other people's property

If you are one of the family members of someone who died in a pedestrian accident, Michigan state law additionally entitles you to fair compensation via a wrongful death claim from the insurance company of the at-fault party if you had the following relationship to the deceased:

  • Spouse
  • Child
  • Stepchild
  • Parent
  • Sibling
  • The person designated in the will
  • Heir (if no will exists)
  • Devisees under the will

In order to claim maximum compensation for damages resulting from your accidental injury or your relative's wrongful death, you should have qualified legal representation.

Benefits of Having a Flint Pedestrian Accident Lawyer

Having a pedestrian accident lawyer from a reputable law firm is the long-standing, proven method for a person injured to successfully seek compensation due to someone else's negligence towards them as a pedestrian.

If you try to represent yourself or your deceased relative's estate in a car crash or other personal injury case such as a pedestrian accident, you run the risk of losing the most important goal: maximum compensation for medical expenses, lost wages, pain and suffering, and more. There is only one chance to file your pedestrian accident or wrongful death claim with all relevant documentation before the deadline, and it is better to deal with the insurance company sooner than later. Also, a pedestrian accident attorney can seek all avenues of insurance coverage for your medical treatment, lost income, property damage, and more.

The advantages of legal representation from an experienced pedestrian accident lawyer are as follows:

  • Knowledge of the law and the Michigan legal system
  • The ability to gauge how much your case is worth
  • A settlement of significantly more money than if you handled it without an attorney
  • A faster settlement
  • Time to heal while your attorney handles things
  • Effective negotiation with the insurance company

Preventing Pedestrian Accidents

There are several ways you can decrease your chances of being involved in motor vehicle accidents and sustaining serious injuries or wrongful death as a pedestrian:

Pedestrians must:

  • Use sidewalks wherever they are available.
  • Obey traffic signs, signals, and markings.
  • Cross streets at a corner, opting for the nearest one with traffic signals or crosswalks whenever possible.
  • Cross while facing traffic and keeping as far to the left as possible.

Pedestrians should:

  • Stop at the edge of a parked car, vehicle, or curb before driving into traffic.
  • Make sure to look left-right-left before crossing a street and remain vigilant while crossing, yielding to motorists if they are already crossing themselves.
  • Make eye contact with drivers before crossing roadways.
  • Wear bright colors during the day and reflective clothing and lights at night to be visible.
  • Always accompany children under the age of 10 when crossing the street. Younger children do not have the ability to accurately recognize traffic risks.

Drivers must:

  • Come to a full stop before entering the line for the marked crosswalk limit.
  • Stop before entering an intersection if no crosswalk or limit line exists.
  • Obey all traffic signs, signals, and markings.
  • Yield to pedestrians at intersections, in crosswalks, and all traffic-controlled areas.
  • Obey the posted speed limit for the roadway you are driving on.

Drivers should:

  • Never pass vehicles if they are stopped at a crosswalk, as there may be pedestrians you cannot see.
  • Avoid any distractions while driving, including texting or taking phone calls.
  • Be extra vigilant at intersections, especially when making left-hand turns.
  • Make direct eye contact with pedestrians who are waiting to cross roadways.
  • Exercise caution and check for pedestrians when backing up, as they may suddenly move into the path of your motor vehicle.

How Do I Know If I Have a Pedestrian Accident Case?

In a Flint, MI, pedestrian accident, you need to prove that you sustained a serious injury as a result of someone else's negligence or a negligent driver. Due to Michigan’s no-fault laws, these cases can be complex and should not be attempted without an experienced personal injury lawyer. The best way to know if you have a Flint pedestrian accident case is to call us for a free case review.

A Flint pedestrian accident lawyer who is familiar with traffic laws, insurance laws, and pedestrian accidents can give you the legal representation you need to create a compelling case for your serious injuries. Our law firm in Flint, MI will do everything possible to seek fair compensation for lost wages and other damages resulting from your serious injury.

Filing a Michigan Pedestrian Accident Claim

To file a Flint, MI pedestrian accident claim for the harm suffered as a result of distracted driving or an otherwise negligent driver, it's important to do so correctly and before the statute of limitations expires. The longer you wait, the more evidence may disappear as witnesses’ memories fade and traffic cam footage gets deleted. It is best to reach out to us as soon as possible after your accident.

State of Limitations

Most cases involving personal injury, which includes Flint pedestrian accidents, have a statute of limitations of three years. This is the time period you have to file your claim. If you attempt to file after the three year mark from the date of the accident, your case will likely be dismissed and you will not be able to collect any compensation. Furthermore, though you technically have three years, it is best to move forward as soon as possible after the accident rather than waiting.

No-Fault Benefits Duration

It is important to remember that no-fault benefits cover allowable medical expenses for care, recovery, and rehabilitation. PIP also offers coverage for some funeral expenses, such as in wrongful death lawsuits. No fault insurance benefits last for as long as there are continuous damages incurred from bodily injury resulting from the motor vehicle crash in which you were a pedestrian. Coverage for lost wages is up to three years.

What Happens with a Driver Who Has Minimal or No Coverage?

A motorist may not always carry no-fault insurance, which can be done by legally opting out. As a result of your claim, they may end up exhausting their no-fault insurance benefits. When that happens, it's essential to consult a personal injury attorney specializing in Flint pedestrian accidents. Only they will know what avenues to pursue to possibly get you the funding you need to fully recover.

Pedestrian Accident Lawyer in Flint, MI: Your Dependable, Local Legal Representative

We strive to secure maximum compensation for all accident victims, including wrongful death, to cover medical bills, medical expenses, and other damages with no-fault benefits and any other insurance coverage that may be available. Contact the Law Offices of Christopher Trainer & Associates by calling (248) 886-8650 or completing the online form today to discuss your case in a free consultation.

No Fee Unless You Win

We operate on a contingency fee basis, meaning your payment for legal services comes out of the final payout you receive, and if we do not manage to secure a payout for you, you owe us nothing.

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