Have you been injured in a pedestrian accident in Southfield, Michigan? You may have the right to compensation. Call our law offices today for your free consultation.
Every year, thousands of pedestrians are involved in accidents with negligent drivers, usually resulting in serious or fatal injuries. To make matters worse, almost all of these accidents could be prevented. If you or a family member were injured in a Southfield pedestrian accident, trust your case to the legal team at the Law Offices of Christopher Trainor & Associates.
Our Southfield pedestrian accident lawyers can offer the professional guidance and skilled legal representation you need during this difficult time. Our extensive experience and thorough understanding of Michigan’s pedestrian and personal injury laws can be invaluable assets as you pursue financial compensation. Call us today to schedule a free evaluation of your potential pedestrian accident case.
How Does Michigan Define “Pedestrian”?
In Michigan, a "pedestrian" is defined as any person who is on foot, walking, running, jogging, hiking, sitting, or lying down. This definition also includes individuals using assistive devices such as wheelchairs, crutches, walkers, or strollers. Essentially, anyone who is not operating a motor vehicle or riding a bicycle is considered a pedestrian under Michigan law.
Pedestrians account for approximately 17% of all traffic fatalities.
Over 6,200 pedestrian-involved accidents occur annually across the United States.
Fatal pedestrian accidents have increased by approximately 3% over the past two decades.
Shockingly, hit-and-run incidents constitute more than a quarter of all pedestrian accidents.
Alcohol is a contributing factor in a significant number of pedestrian accidents, particularly those that occur at night, with a likelihood twice as high compared to other times of the day.
The majority of pedestrian accidents happen between the hours of 6 p.m. and midnight, notably on Fridays and Saturdays.
While urban areas see a higher incidence of these accidents, serious incidents also occur on rural roads due to factors such as poor visibility and high vehicle speeds.
What Are the Leading Causes of Pedestrian Accidents?
Just like motor vehicle accidents, pedestrian accidents can take place due to numerous factors, but some of the most common are:
Distracted Driving: Drivers who are distracted by their phones, passengers, or other activities may fail to notice pedestrians on crosswalks or at intersections.
Failure to Yield: Drivers who fail to yield the right of way to pedestrians, especially at crosswalks and intersections, can cause accidents.
Speeding: Speeding reduces a driver's reaction time and increases the severity of pedestrian accidents when they occur.
Failure to Obey Traffic Signals: Drivers who disregard traffic signals, such as stop signs, red lights, or pedestrian crossing signals, put pedestrians at risk.
Impaired Driving: Drivers who are under the influence of alcohol or drugs are less likely to see pedestrians and react appropriately to avoid accidents.
Poor Visibility: Low light conditions, bad weather, and obstructed views can make it difficult for drivers to see pedestrians, increasing the risk of accidents.
Unsafe Infrastructure: Lack of proper sidewalks, poorly designed crosswalks, and inadequate lighting can create hazardous conditions for pedestrians, increasing the likelihood of accidents.
By addressing these factors through education, enforcement, and infrastructure improvements, communities can work to reduce the incidence of pedestrian accidents and create safer environments for pedestrians and drivers alike.
What Are the Most Common Pedestrian Injuries?
The most common injuries sustained by pedestrians in accidents with vehicles include:
Broken Bones: Pedestrians often suffer fractures and broken bones, particularly in the legs, arms, and pelvis, when struck by a vehicle.
Head Injuries: Traumatic brain injuries, concussions, and skull fractures can occur when pedestrians are hit by vehicles, especially if they strike their heads on the ground or against the vehicle.
Soft Tissue Injuries: The impact of a collision may cause pedestrians to experience bruises, lacerations, sprains, strains, and other soft tissue injuries.
Spinal Cord Injuries: Severe pedestrian accidents can result in spinal cord injuries, leading to partial or complete paralysis and lifelong disabilities.
Internal Injuries: Pedestrians may sustain internal injuries to organs such as the lungs, liver, spleen, or kidneys, which can be life-threatening if not promptly treated.
Road Rash: Abrasions, scrapes, and road rash injuries occur when pedestrians are dragged or thrown across the road surface during a collision.
Psychological Trauma: Pedestrian accidents can also cause psychological injuries such as post-traumatic stress disorder, anxiety, depression, and other mental health issues due to the emotional trauma of the incident.
Fatal Injuries: In the most tragic cases, pedestrian accidents result in fatalities, leaving families devastated by the loss of their loved ones.
These injuries can have long-lasting physical, emotional, and financial consequences for pedestrians and their families, highlighting the importance of pedestrian safety measures and legal recourse for victims of pedestrian accidents.
Do Pedestrians Always Have the Right-of-Way in Southfield?
In Southfield, pedestrians generally have the right-of-way when crossing the road within a marked or unmarked crosswalk at an intersection. However, this does not mean that pedestrians always have the absolute right-of-way in every situation. Michigan law requires pedestrians to exercise reasonable care for their own safety and to obey traffic signals and pedestrian control devices when crossing the road.
For instance, pedestrians must yield the right-of-way to vehicles if crossing outside of a marked or unmarked crosswalk or if crossing against a traffic signal indicating "Don't Walk." Additionally, pedestrians are expected to use designated crosswalks and pedestrian bridges or tunnels when available and safe to do so.
Simply put, while pedestrians have certain rights under Michigan law, they also have responsibilities to ensure their own safety and the safety of others on the roadways. Similarly, drivers must yield to pedestrians in crosswalks and exercise caution to avoid colliding with pedestrians, especially in areas with high foot traffic. Understanding and respecting these laws can help prevent pedestrian accidents and promote safety for everyone on the road.
Do I Need a Southfield Pedestrian Accident Lawyer if I Was Injured in a Crosswalk?
Yes, it's advisable to consult with a Southfield pedestrian accident lawyer if you were injured in a crosswalk. Even though pedestrians generally have the right-of-way in crosswalks, navigating the legal complexities of such cases can be challenging. A skilled lawyer can help you understand your rights, gather evidence to support your claim, negotiate with insurance companies, and, if necessary, represent you in court to ensure you receive fair compensation for your injuries and losses.
Should I Accept the Settlement Offer Made by the At-Fault Driver’s Insurance Company?
Whether or not you accept a settlement offer made by the at-fault driver's insurance company depends on various factors, including the extent of your injuries, the amount offered, and the circumstances surrounding the accident. It's essential to consider the following:
Extent of Injuries: If you have suffered severe injuries that require ongoing medical treatment, and rehabilitation, or may have long-term consequences, the initial settlement offer may not adequately cover your current and future expenses.
Medical Expenses: Ensure that the settlement offer includes compensation for all medical expenses related to your injuries, including hospital bills, surgeries, medications, therapy, and future medical care.
Lost Wages: If the accident caused you to miss work or resulted in a loss of income, the settlement should include compensation for lost wages and any potential loss of future earning capacity.
Pain and Suffering: Consider whether the settlement adequately compensates you for the physical pain, emotional distress, and inconvenience caused by the accident and your injuries.
Legal Advice: Consult with a personal injury lawyer before accepting any settlement offer. An experienced attorney can assess the offer's fairness based on your case's specifics, negotiate with the insurance company on your behalf, and ensure your rights are protected.
Ultimately, accepting a settlement offer is a significant decision that can affect your ability to recover fair compensation for your injuries. It's crucial to weigh your options carefully and seek legal guidance to make an informed choice.
Is It Okay to Post About My Southfield Pedestrian Accident on Social Media?
Although it is certainly within your rights to do so, posting about your Southfield pedestrian accident on social media is generally ill-advised, especially while your case is ongoing. Reasons for this include:
Potential Impact on Your Case: Anything you post on social media can be used as evidence by the opposing party to dispute your claims. Even seemingly innocent posts or comments could be misinterpreted or taken out of context, potentially harming your case.
Privacy Concerns: Sharing details about your accident on social media may compromise your privacy and security. Insurance adjusters or defense attorneys may use information from your social media accounts to discredit your injuries or claim that you are not as injured as you've stated.
Negative Perception: Posting about your accident or injuries could create a negative perception among friends, family, or potential jurors. It may also affect your credibility if the opposing party argues that you're exaggerating your injuries for sympathy or financial gain.
Legal Advice: It is important to follow your lawyer’s advice regarding social media usage during your case. They can provide guidance on what is appropriate to post and what should be avoided to protect your legal interests.
In summary, it's best to refrain from discussing your pedestrian accident on social media and avoid posting any content related to your case until it's resolved. Instead, focus on communicating with your attorney and following their guidance to ensure the best possible outcome for your claim.
What is the Order of Priority for Southfield Pedestrian Accident Claims?
In Michigan, pedestrian accident claims are typically resolved through the state's no-fault insurance system. The order of priority for these claims is as follows:
Personal Injury Protection Benefits: If you have auto insurance, your own insurance policy's PIP coverage is the primary source of compensation for your medical expenses, lost wages, and other economic damages resulting from the pedestrian accident, regardless of fault.
Resident Relative's Policy: If you do not have auto insurance but reside with a relative who has an auto insurance policy, you may be eligible to claim PIP benefits under their policy.
Vehicle Involved in the Accident: If you were struck by a motor vehicle while walking, you may be able to claim PIP benefits from the insurer of the vehicle that struck you. This applies even if you were not occupying a vehicle at the time of the accident.
Michigan Assigned Claims Plan: If you do not have access to PIP benefits through any of the above sources, you may be eligible for benefits through the MACP. This is a program designed to provide PIP benefits to individuals injured in Michigan motor vehicle accidents who do not have access to other sources of coverage.
It is worth noting that Michigan's no-fault system governs compensation for economic damages such as medical expenses and lost wages. If you wish to pursue financial compensation for non-economic damages such as pain and suffering, you may need to meet certain threshold requirements or pursue a liability claim against the at-fault party. Consulting with a knowledgeable Southfield pedestrian accident lawyer can help you understand your rights and options following a pedestrian accident in Southfield.
What Forms of Evidence Are Important in a Southfield Pedestrian Accident Claim?
In a Michigan pedestrian accident claim, various forms of evidence can be crucial in establishing liability and proving the extent of damages. Here are some key types of evidence that are important to gather:
Police Reports: Official police reports provide important details about the accident, including statements from involved parties, witness accounts, and the officer's assessment of the scene. These reports can serve as valuable evidence in determining fault.
Witness Statements: Eyewitness testimony from individuals who saw the accident occur can provide additional perspective and corroborate your version of events. Witness statements can help establish the sequence of events and support your claim.
Photographs and Videos: Visual evidence such as photographs and videos of the accident scene, including vehicle damage, skid marks, traffic signals, and road conditions, can help reconstruct the accident and demonstrate key factors contributing to the collision.
Medical Records: Documentation of your injuries, medical treatment received, and prognosis from healthcare providers is essential for proving the extent of your injuries and the medical expenses incurred as a result of the accident.
Expert Opinions: Testimony from accident reconstruction experts, medical experts, and other relevant specialists can provide professional analysis and opinions on factors such as the cause of the accident, the severity of injuries, and the long-term effects of the collision.
Vehicle Data: If a motor vehicle was involved in the accident, data from the vehicle's event data recorder (EDR) or black box can provide valuable information about vehicle speed, braking, and other factors leading up to the collision.
Your Personal Account: Your own detailed account of the accident, including how it occurred and the immediate aftermath, can be a crucial piece of evidence in supporting your claim.
Traffic Laws and Regulations: Documentation of applicable traffic laws, regulations, and ordinances can help establish whether any parties involved in the accident violated any legal requirements, contributing to the collision.
Gathering and preserving evidence promptly after a pedestrian accident is essential to ensure its effectiveness in supporting your claim. Working with an experienced Southfield pedestrian accident lawyer can help you navigate the process and identify the most relevant evidence to strengthen your case.
What Types of Damages Am I Eligible for After Being Hit By a Vehicle?
If you, as a pedestrian, were injured by a driver in Southfield, you may be eligible to seek compensation for various types of damages. These damages can cover both economic and non-economic losses resulting from the accident, such as:
Medical Expenses: This includes all medical costs related to treating your injuries, such as hospital bills, surgery, medication, rehabilitation, physical therapy, and future medical expenses for ongoing treatment.
Lost Income: If your injuries prevent you from working, you can seek compensation for the wages you've lost during your recovery period. Additionally, if your injuries affect your ability to earn a living in the future, you may be entitled to compensation for lost earning capacity.
Pain and Suffering: Non-economic damages such as pain, suffering, emotional distress, and mental anguish caused by the accident and your injuries may be compensable. These damages aim to address the physical and emotional toll the accident has had on your life.
Disfigurement and Disability: If the accident results in permanent scarring, disfigurement, or disability, you may be entitled to compensation for the physical and emotional impact of these changes to your appearance or abilities.
Loss of Consortium: In some cases, the spouse of an injured pedestrian may be eligible for compensation for the loss of companionship, affection, and support resulting from the injuries sustained by their partner.
Punitive Damages: In rare cases involving extreme recklessness or intentional misconduct by the driver, punitive damages may be awarded to punish the defendant and deter similar behavior in the future.
Property Damage: If your personal belongings, such as clothing, electronic devices, or other items, were damaged in the accident, you may be entitled to compensation for the repair or replacement costs.
It's essential to consult with an experienced lawyer to assess your case's specific circumstances and determine the types of damages you may be eligible to pursue. A qualified Southfield pedestrian accident lawyer can help you gather evidence, calculate the full extent of your damages, and negotiate with insurance companies or pursue legal action to seek fair compensation for your injuries and losses.
How is Pain and Suffering Calculated in a Southfield Pedestrian Accident?
Calculating pain and suffering damages in a Michigan pedestrian accident involves various factors and considerations, as there is no set formula. Instead, courts and insurance adjusters typically evaluate the following factors to determine an appropriate compensation amount:
Extent of Injuries: The severity and nature of the pedestrian's injuries play a significant role in determining pain and suffering damages. More severe injuries that result in intense physical pain, long-term discomfort, and permanent disability generally warrant higher compensation.
Duration of Recovery: The length of time it takes for the pedestrian to recover from their injuries can impact the amount of pain and suffering damages awarded. Prolonged recovery periods or chronic pain conditions often result in higher compensation awards.
Medical Treatment: The type and extent of medical treatment required for the pedestrian's injuries, including surgeries, therapy sessions, medication, and rehabilitation, are considered when calculating pain and suffering damages.
Physical Limitations: Any physical limitations or disabilities resulting from the accident, such as mobility restrictions, loss of function, or disfigurement, may contribute to the overall pain and suffering experienced by the pedestrian.
Emotional Distress: The emotional impact of the accident, including anxiety, depression, PTSD, and other psychological effects, is factored into pain and suffering calculations. This includes the pedestrian's mental anguish, fear, and emotional trauma resulting from the accident and its aftermath.
Impact on Daily Life: The extent to which the pedestrian's injuries and pain disrupt their daily life, activities, hobbies, and relationships is considered. This includes the loss of enjoyment of life and the inability to participate in activities they once enjoyed.
Documentation and Evidence: Supporting documentation, such as medical records, treatment notes, expert opinions, witness statements, and personal testimony, can help substantiate the pedestrian's pain and suffering claims and strengthen their case for compensation.
By partnering with an experienced Southfield pedestrian accident lawyer who can assess the specifics of your case, gather relevant evidence, and advocate on your behalf, you are giving yourself your best chance at receiving full and fair financial compensation for your pain and suffering. A skilled lawyer can help negotiate with insurance companies or present a compelling case in court to pursue maximum compensation for your injuries and other damages.
At the Law Offices of Christopher Trainor & Associates, our dedicated team of Southfield pedestrian accident lawyers is committed to advocating for your rights and seeking the compensation you deserve for your injuries and losses. We understand the challenges you face after a pedestrian accident and are here to guide you through every step of the legal process.
From investigating the circumstances of the accident to negotiating with insurance companies and representing you in court, we will work tirelessly to achieve the best possible outcome for your case. Contact us today at (248) 886-8650 or through our online contact form to schedule a free consultation and discuss your legal options.
