Have you been injured in a pedestrian accident in Grand Rapids? The Law Offices of Christopher Trainor & Associates has helped injured victims like you recover compensation.
The downtown area of Grand Rapids is undergoing a makeover, making the area more lively than here. With this comes an increase in pedestrian traffic. A stroll anywhere in Grand Rapids, which is typically quite pleasant, can turn into a life-changing accident in a split second. If you have been injured in a pedestrian accident in Grand Rapids, you could be entitled to compensation for your injuries and financial losses.
Our clients come first at the Law Offices of Christopher Trainor & Associates. With decades of combined experience, we have a long track record of helping people throughout Michigan get the financial relief they need after being injured due to someone else’s negligence.
You shouldn't have to pay the price for a careless driver who won't accept responsibility. Neither should you take a subpar offer from a heartless insurance company. Our law firm thinks you deserve better treatment.
Our strategy for helping our clients is simple:
Free Consultation: You can speak with an attorney about your claim for free without committing to anything.
Extensive Investigation: Should we move forward together, we will explore the specifics of your case, collecting the evidence required to construct a compelling argument.
Fierce Advocacy: Our team of Michigan pedestrian accident lawyers will strive to secure your best possible settlement or verdict.
We've helped individuals like you recover from pedestrian accidents. We can work together to transform your tale of hardship into a story of restoration.
Michigan Laws That Protect Pedestrians
Both drivers' and pedestrians' rights are respected in Michigan. Both groups have legal obligations as well as protections. These legal issues may also affect the claims and payouts made by those hurt in pedestrian accidents. Understanding this knowledge can help you take ownership of your rights.
Laws Protecting Right-of-Way
Right-of-way laws exist in Michigan (Mich. Comp. Laws Section 257.649). Generally, at junctions and crosswalks with signage, pedestrians have the right-of-way. On the other hand, when strolling along a roadway, one must also respect traffic signals and pedestrian laws.
Legal Obligations for Pedestrians and Drivers
Drivers in Michigan must use caution to avoid running into pedestrians. They should be aware that pedestrians frequently have the right-of-way. They should also take extra care to avoid running into the following categories of pedestrians:
A child
Visibly confused individual
A mentally impaired person
A person who is drunk or on drugs
Similarly, people on foot should try to avoid getting in the way of a car.
Where Pedestrian Accidents Occur in Grand Rapids
Pedestrian accidents usually happen in places where motor vehicles and foot traffic collide. Understanding these areas of high danger can improve everyone's safety. Some areas commonly considered hazardous for pedestrians include:
High-Traffic Intersections: Intersections with heavy vehicle traffic and complex signal configurations can pose risks to pedestrians, especially if crosswalks are inadequately marked, or signal timing favors vehicular flow over pedestrian safety.
Urban Arterial Roads: Major thoroughfares like Division Avenue, 28th Street, and Alpine Avenue may have wide lanes, high speeds, and limited pedestrian-friendly infrastructure, making them potentially hazardous for pedestrians.
Areas with Limited Sidewalks: Neighborhoods or commercial districts lacking sidewalks or poorly maintained walkways may force pedestrians to walk close to traffic, increasing the risk of accidents.
Industrial and Commercial Zones: Areas with industrial facilities or large commercial complexes may have heavy truck traffic, limited pedestrian crossings, and inadequate signage, presenting pedestrian safety challenges.
Neighborhoods with Poor Lighting: Dimly lit residential areas or streets lacking adequate street lighting can reduce visibility for pedestrians and drivers, increasing the risk of accidents, particularly during evening hours.
In 2022, Grand Rapids launched its pedestrian crossing enhancement project. These improvements include installing pedestrian-activated crossing beacons, constructing curb and gutter features, and pedestrian ramps. Some targeted crossings included Cherry St SW under US-131, Monroe Ave NW at City Hall, and Monroe Ave NW at Campau Ave NW.
Reasons for Michigan Pedestrian Accidents
A walk from one place to another can turn dangerous at any moment, under any circumstance. The causes listed below are the ones that most often jeopardize people's safety.
Failure to Yield: Motorists must yield the right-of-way to pedestrians at crosswalks, intersections, or when making turns.
Distracted Driving: Drivers being distracted by cell phones, passengers, or other factors, leading to reduced attention to pedestrians on or near roadways.
Speeding: Excessive vehicle speed reduces driver response time and heightens the intensity of pedestrian injuries in the event of a collision.
Failure to Obey Traffic Signals: Disregarding traffic signals, stop signs, or pedestrian crossing signs can result in accidents involving pedestrians.
Pedestrian Right-of-Way Violations: Pedestrians crossing roads outside designated crosswalks or against traffic signals contribute to accidents, especially when drivers do not expect them.
Impaired Driving: Drunk or impaired by drugs decreases judgment, coordination, and response time when operating a vehicle, which increases the risk of pedestrian accidents.
Poor Visibility: Low visibility conditions due to weather (such as rain, fog, or snow) or inadequate street lighting can make it difficult for drivers to see pedestrians, leading to accidents.
Driver Inattention: Failing to scan for pedestrians, particularly while turning or backing up, can result in collisions.
Pedestrian Distraction: Pedestrians distracted by electronic devices, conversations, or other activities may not be fully aware of their surroundings, increasing their vulnerability to accidents.
Unsafe Infrastructure: Inadequate pedestrian infrastructure, such as poorly marked crosswalks, lack of sidewalks, or poorly maintained walking paths, can contribute to accidents.
High-Risk Factors Leading Pedestrian Accidents
Like many other places in the nation, Grand Rapids has many elements that raise a person's chance of getting into a pedestrian accident. Let's examine the variables that carry a high risk.
Time of Day: Pedestrian accidents are more likely to occur in the dark and in the morning when visibility is reduced. Furthermore, nighttime increases the risk because of diminished vision and a chance of coming across drunk or drugged drivers.
Age: Older adults and children are more susceptible to pedestrian accidents. While older persons may have physical or cognitive limitations that enhance their risk, children may lack the expertise or judgment to negotiate traffic safely.
Community and individual actions to enhance pedestrian safety are crucial to safeguard our most vulnerable inhabitants and guarantee safe streets for all. When strolling through Grand Rapids, be mindful of the safety of any young or older people in your vicinity.
Most Frequent Injuries Associated with Pedestrian Accidents
Pedestrian accidents frequently cause severe injuries. Physical trauma can range from simple bumps and contusions to ailments that call for long-term care. The following are injuries that victims commonly suffer:
Musculoskeletal Injuries: These comprise tears, sprains, and strains on the tendons, ligaments, and muscles. They don't look serious. However, they can be painful and take a long time to recover completely.
Bone Fractures: The impact force in pedestrian accidents might result in broken bones. Fractures can be mild, requiring only a cast, or complex, requiring surgery to treat.
Head Injuries: Concussions and other traumatic brain injuries (TBIs) are common among victims of pedestrian accidents. These may impact memory, emotional health, and cognitive performance.
Spinal Cord Injuries: A victim's quality of life can be greatly impacted by spinal cord damage, which can result in partial or total paralysis.
Internal Injuries: Internal bleeding and organ damage can result from a vehicle collision. After the crash, these injuries might not manifest symptoms right away.
Pedestrian Safety Advice for Grand Rapids Residents
Here are some safety recommendations based on Grand Rapids' usual pedestrian accident locations:
Remain Visible: Make sure cars can see you by dressing in bright or reflecting materials, especially at night or in bad weather.
Pay attention to traffic signals: Only cross at junctions when there are crosswalks and marked signals. To make sure that drivers see you before you cross, make eye contact with them.
Be Vigilant in Parking Lots: Watch for cars changing lanes or reversing when strolling through parking lots.
Instruct Kids in Road Safety: Give them advice on how to use crosswalks, check both directions before crossing, and never run into the street.
Use Sidewalks: Take advantage of sidewalks whenever you can. If a sidewalk isn't accessible, go as far to the left as possible while facing traffic.
Cross the Street Safely: Always use crosswalks or intersections where pedestrians are expected by passing cars. Even if you have the right of way, look left, right, then left again before crossing the street.
The first step in prevention is to put these safety measures into practice. Pedestrians can lower their chance of getting into a car collision by being alert.
How to Report a Pedestrian Accident
Let's say you're walking along Plainfield Avenue. As you cross the street, a distracted motorist hit you. What happens next? Typically, reporting the incident to the Grand Rapids police and your insurance company is a must. Here's a general outline of the steps to follow:
Ensure Safety: Prioritize safety for yourself and others involved. If anyone requires immediate medical attention, call 911 immediately.
Contact Law Enforcement: Call the Grand Rapids Police Department or the appropriate local law enforcement agency to report the accident. Provide details about the location, any injuries sustained, and the vehicles involved.
Exchange Information: Exchange contact and insurance information with the driver(s) involved in the accident. Obtain their names, phone numbers, addresses, driver's license numbers, vehicle registration, and insurance information.
Photograph the Area: If possible, snap pictures of the accident scene, indicating the vehicles' locations, street conditions, and relevant signage or signals. Note the time, date, and weather conditions.
Obtain Witness Information: Gather their contact information if there are any witnesses to the accident. Their statements may be valuable for insurance claims or legal proceedings.
Go to a Doctor: Even if you don't believe you are seriously injured, seek medical evaluation as soon as possible. Certain injuries might not show symptoms, but they might get worse with time.
Inform Your Insurance Provider: Let the insurer know the accident has occurred. Provide them with all relevant details, including the police report number if one was filed.
Follow Up: Follow any instructions provided by law enforcement, your insurance company, or medical professionals. Record all medical procedures, costs, and communications related to the accident.
If you need clarification on any steps or need assistance, consider contacting a personal injury attorney. They can offer legal advice on the best way to settle your claim.
No-Fault Insurance Benefits for Injured Pedestrians
Pedestrians injured in motor vehicle accidents are generally covered by their auto insurance policies or the insurance of a household member if they have one. This coverage is provided under Michigan's no-fault insurance system, which applies regardless of fault.
If a pedestrian does not have their auto insurance policy or live with a relative who does, they may still be eligible for no-fault benefits through the Michigan Assigned Claims Plan (MACP). The MACP provides coverage for medical expenses, wage loss, and other benefits to individuals injured in motor vehicle accidents who do not have access to no-fault insurance through their own policy or a relative's policy.
However, receiving pain and suffering compensation through the no-fault system can be complex. It's advisable to consult with an experienced pedestrian accident attorney familiar with Michigan's no-fault laws to understand their rights and options.
How Michigan Law Affects Your Compensation
The regulations about driver-pedestrian obligations and right-of-way impact how pedestrian accident cases turn out. If a car breaks a right-of-way law, the pedestrian can be compensated. These reimbursements include pain and suffering, lost wages, and serious injuries.
Comparative Fault
What happens when a collision is caused in part by the pedestrian? Michigan's comparative fault rule (Mich. Comp. Laws Section 600.2959) applies. If the rule is adhered to, any compensation awarded to the victim will be reduced in proportion to their degree of fault.
According to this legal theory, multiple people may share responsibility for an accident. The 50% Bar Rule (Mich. Comp. Laws Section 600.2959) is another name for the idea.
The law permits injury victims to pursue compensation even if they were somewhat responsible for the accident. However, it must be less than 50% of their fault. If so, the injured party's compensation will be diminished in proportion to their level of fault. If pedestrians are more than 50% at fault for the occurrence, they are not entitled to compensation.
An illustration of Shared Fault
If pedestrians cross the road outside a permitted crosswalk, they are at 10% to blame for the collision. Consequently, they bear 90% of the blame because the motorist was speeding. Their portion of the blame would be subtracted from the pedestrian's payout. They will get $90,000 if the total damages come to $100,000.
It can be helpful for those hurt in pedestrian accidents in Grand Rapids to understand comparative fault. It emphasizes the importance of knowledgeable legal counsel to make a claim, assign blame, and pursue maximum compensation.
Statute of Limitations
A deadline for submitting personal injury claims is established by state law (Mich. Comp. Laws Section 600.5805). Pedestrian accident claims are among these claims. You are allowed three years, beginning on the date of the accident.
How to Decide Who Is At-fault in Grand Rapids Pedestrian Accidents
You have to prove that at least one party was irresponsible in some way to get just compensation. The idea of fault is critical to the success of a Michigan pedestrian accident lawsuit. A pedestrian accident attorney investigates and gathers information to create a strong case.
Evaluate the Case
Determining who is responsible for a pedestrian accident requires a thorough investigation. This could consist of:
Examine Police Reports: An officer's evaluation of the collision is frequently included in police reports, which can be used to determine who is responsible.
Analysis of Eyewitness Accounts: Details from witness testimonies provide a detailed depiction of what transpired before the tragedy.
Examination of Surveillance Video: Should security cameras have recorded the event, this video may be crucial in identifying who was to blame.
Accident Reconstruction: To determine how the incident happened, professionals may occasionally recreate the incident using the available data.
Gathering of Evidence
When evaluating fault, several elements of evidence are taken into account:
Scene photos: These can depict the state of the roads, traffic patterns, and the car's and pedestrians' locations at the moment of impact.
Medical records serve as a record of the injuries received and can be used to connect them to the incident.
Auto Damage: The degree and where the damage is located to the vehicle can reveal the accident's circumstances and the point of impact.
Why Determining Fault Is Important
The significance of fault is multifaceted.
Liability: Establishing who is responsible for the accident aids in determining liability. Legally speaking, the party at fault is responsible for paying for the losses.
Compensation: Your potential compensation is directly impacted by your fault. According to Michigan's comparative fault statute, your share of the accident's fault may be deducted from your payout.
Legal Strategy: Your lawyer's legal approach is based on fault. Whether or not to negotiate a settlement or go to trial depends on the evidence available.
Determining fault necessitates extensive legal expertise. An experienced legal staff can oversee the inquiry, compile supporting documentation, and act as your representative. You have the best chance of getting paid in full after establishing the fault.
Factors Affecting Your Claim's Value
Compensating for a pedestrian accident can involve intricate calculations. The victim's material and immaterial losses need to be taken into account. An attorney assesses how the accident impacts the victim's way of life.
The following variables affect how much a pedestrian accident claim is worth:
Medical Bills: The price of initial and continuing medical care, including operations, prescription drugs, physical therapy, and any specialty equipment required for recovery.
Lost Wages: Recompense for time spent unable to work because of an injury. If the victim cannot resume the same or similar work, this is also considered a loss of earning potential.
Pain and anguish: These terms, which encompass both the victim's bodily and emotional anguish, are subjective, unlike medical expenses or lost income. This covers depressive and anxious feelings, diminished life satisfaction, and the effects of any long-term impairments or deformities.
More Damages: Based on the case's specifics, the victim might also be eligible for compensation covering lifestyle modification expenses, such as home modifications for accessibility. In rare instances, courts award punitive damages when the neglectful conduct of the liable party is reprehensible.
What a Grand Rapids Lawyer Can Do for You
Given the intricacy of determining a claim's merit, look for a lawyer with extensive personal injury experience, especially regarding injured pedestrians. An experienced pedestrian accident lawyer can:
Evaluate every facet of your case to make sure every avenue for compensation is considered.
Examine Michigan's no-fault insurance regulations to determine all available benefits and sources of reimbursement.
Speak for you when negotiating with insurance companies, as they frequently want to reduce claims.
Calculate your losses and refuse to settle for less. It takes more than just making negligent drivers accountable to pursue justice. The ideal outcome is having the money available to assist pedestrian accident victims as they adjust to their new circumstances following the accident.
What Makes Christopher Trainor & Associates the Best Option?
Our legal team is formidable, with years of collective experience. Every client receives a customized strategy and vigorous representation. Our law firm is dedicated to the fairness and well-being of our clients.
The Law Offices of Christopher Trainor & Associates has an exceptional history of obtaining verdicts and settlements totaling more than $250 million. This achievement is a credit to our legal team's talent, effort, and commitment.
Don't just take our word. The success stories told by our clients speak volumes. Our client testimonials attest to our dedication to achieving results. These endorsements demonstrate our firm's compassion, promptness, and advocacy in defending our clients' rights.
Contact us today via email or at 248-886-8650 for a free consultation with a Grand Rapids pedestrian accident lawyer.
