When you think about an accident, you might envision two vehicles colliding. However, pedestrians face risks similar to those of the vehicles they share the road with. A pedestrian accident occurs when a person outside of a vehicle encounters a collision with a car, truck, bicycle, motorcycle, or another vehicle while walking.
A pedestrian accident can happen quickly and cause serious injuries. If you've experienced a pedestrian accident, seek advice from a pedestrian accident attorney to protect your right to pursue financial compensation.
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What Does No-Fault Insurance Mean?
In some states, including Michigan, every driver must have no-fault insurance to drive lawfully. After a crash, drivers and others involved in the accident rely on their no-fault insurance policy to pay for their losses. As a pedestrian, you will rely on your no-fault insurance policy if one is available.
Personal Injury Protection Coverage
Personal injury protection coverage (PIP) is part of a driver's no-fault insurance coverage. PIP will pay for all reasonably necessary medical expenses without a maximum limit. PIP coverage pays for 85 percent of an injured person's lost income after an accident.
PIP coverage has a broad reach. Personal injury protection insurance will pay for injuries and losses for the driver of an insured vehicle, a family member who was a passenger in another person's vehicle, and pedestrians. Your no-fault insurance policy will provide coverage for you.
What Types of Compensation Can I Collect After a Pedestrian Accident?
There are generally three types of damages available after a pedestrian crash. Economic or non-economic damages typically categorize most losses.
Economic Damages
Economic damages are related to the tangible losses pedestrians suffer after the accident. These losses are usually easy to identify but hard to prove.
Examples of economic damages can include:
- Current and future medical expenses
- Current and future lost income
- Lost earning capacity
- Property damage
Non-Economic Damages
Non-economic damage relates to the intangible losses you might suffer from a pedestrian accident. These losses might be harder to prove than physical losses. Injury victims tend to fare better when they try to prove non-economic losses when they have the support of a legal team.
Common examples of non-economic damages can include the following:
- Pain and suffering
- Mental anguish
- Emotional trauma
- Lost enjoyment of life
- Reduced quality of life
Non-economic losses can be difficult to calculate, and insurance companies undervalue them. A pedestrian accident lawyer should place a value on these damages.
What Factors Contribute to a Pedestrian Accident Settlement?
Every accident is different, and the compensation you receive as a settlement depends on numerous factors. The following are the most relevant factors contributing to your settlement's overall value.
Severity of Your Injuries
Typically, the more severe your injuries are, the more valuable your accident case. Pedestrian accidents are among the most serious types of accidents across the state. Because they do not have the same protections as a normal passenger car or truck, pedestrians might suffer from severe injuries.
Emotional Suffering
Severe injuries can lead to mental and emotional suffering. These losses are hard to prove, so having an attorney's help can ensure you get the full and fair compensation you deserve after a pedestrian accident. Keep a journal for your thoughts after an accident so you can clearly express your feelings and harm after the accident.
Lost Income
Some injuries are so severe that they keep you from working for some time. If you cannot return to work, your expenses will continue to pile up. Getting compensation for the accident can offset your damage.
Liability
In a no-fault state, each party relies on their insurance to pay for their losses when an accident happens. However, determining liability is important because if your damages exceed your insurance policy limits, you can sue the liable party under certain circumstances.
Extent of Medical Treatment
Some injuries require extensive medical treatment. After a pedestrian accident, you might find yourself needing surgery and physical therapy to fully treat your injuries. You can spend a significant amount of time in the hospital. However, pursuing compensation for your losses can cover your expenses.
Long-Term Effects of the Injury
You should receive compensation for the long-term effects of your injury. Examples of long-term effects of a pedestrian accident injury can include permanent disability like paralysis or amputation. Other long-term effects might include the emotional trauma of being involved in an accident.
Insurance Coverage
Your insurance coverage is often the only money available to pay for your losses. This is especially true when the driver is uninsured. Though several states require no-fault coverage, some drivers remain uninsured. Unfortunately, in these situations, you might find yourself paying for your expenses out of your pocket.
Details of the Crash
The details of your crash matter. The type of vehicle and whether they were speeding matters, too. For instance, in the case of a collision with a speeding commercial truck, you may have a claim against both the truck driver and the trucking company.
Also, speeding truck drivers might have higher consequences than other vehicles because the Federal Motor Carrier Safety Administration regulates them.
Insurance Negotiations
Insurance negotiations are a critical part of your case. Insurance companies sometimes extend quick settlement offers at the beginning of a case. These settlement offers are usually inadequate and do not cover your damages.
Property Damage
Property damage is not limited to damage to a vehicle. Suppose you were carrying a backpack or briefcase that held your laptop or cell phone. If the accident caused damage to those items, you may be entitled to recover the cost or any repair expenses.
Victim's Death
If you lost a loved one in a wrongful death pedestrian accident, the insurance company may need to pay more than if they had survived. Under the law, if a probate court appointed you as the personal representative of the deceased's estate, and you are a spouse, child, or grandparent, you can file a lawsuit to seek compensation for wrongful death damages.
State Law
Ultimately, state law limits the compensation that pedestrian accident victims can recover after an accident. An experienced pedestrian accident attorney can aid in your understanding of your rights and protect your rights to compensation after a crash.
What Causes Pedestrian Accidents?
There are many reasons that a pedestrian accident can happen. Most pedestrian accidents happen because a driver is negligent. The following are examples of how a pedestrian accident can happen.
Distracted Driving
Distracted driving is far too common and can lead to deadly accidents.
The most common distracted driving causes include:
- Texting and driving.
- Talking on the phone.
- Speaking to passengers.
- Changing the GPS or music while driving.
Left-Hand Turns
Left-hand turns can lead to lower visibility. Drivers who do not pay close attention when they make left-hand turns might fail to see a pedestrian and cause a serious accident.
Crosswalks
Drivers must yield to pedestrians when they are in the crosswalk. If a driver speeds or fails to pay attention to pedestrians in the crosswalk, they can hold the driver legally responsible for causing the crash.
Speeding
Speeding is one of the most common causes of any type of accident. A speeding driver can easily lose control of their vehicle and hurt a pedestrian.
Bad Weather
Bad weather is a major contributing factor to crashes. If it is raining and the driver does not reduce their speed, they can lose control of their car and cause a pedestrian accident.
Failure to Yield
Drivers must follow the traffic laws, including yielding when required. Some traffic laws require drivers to yield to pedestrians. A traffic accident attorney can determine whether you have a legal claim against the driver for causing your injuries due to failure to yield.
Ignoring Traffic Signals
Remember that every driver must pay careful attention to traffic signals and obey them. Some traffic signals even indicate that the driver is approaching a crosswalk. These signals aim to protect pedestrians and reduce the occurrence of pedestrian accidents.
Children and School Zones
Similar to crosswalks in general, drivers should carefully enter school zones. Children who are pedestrians are particularly vulnerable to getting hurt by a negligent driver.
Recklessness
Simple recklessness causes many accidents. Drivers who cause another person's injury may need to pay damages.
Inadequate Road Design
Bad road design can lead to pedestrian accidents after a driver loses control of their vehicle due to a crack or pothole in the road.
Poor Visibility
Poor visibility can significantly contribute to the occurrence of accidents. Drivers may experience reduced visibility due to adverse weather conditions, obscured traffic signs, or the presence of other vehicles on the road. Drivers must exercise caution and take necessary precautions to prevent accidents, even in challenging visibility.
Drunk Driving
Drunk driving is always negligent. According to the National Highway Traffic Safety Administration, thousands of people lose their lives in drunk driving accidents across the country every year. Drunk driving lowers inhibitions, so drivers take more risks on the road.
Driver Fatigue
Driving while sleepy is one of the most dangerous habits some drivers have. Falling asleep for a moment can cause a crash with a pedestrian.
Failure to Signal While Turning
Indicator lights on a vehicle assist other drivers and pedestrians in understanding the direction a driver intends to take. A pedestrian trying to cross the street might misjudge how long they have to cross because a driver fails to use an indicator light.
How Can A Pedestrian Accident Attorney Help Me?
An attorney and their legal team will play a crucial role in facilitating your settlement. Your attorney will ensure you receive fair compensation after a pedestrian accident.
Here are some ways a legal team can provide significant benefits for you.
Settlement Negotiations
Your attorney will speak to the insurance company and adjusters on your behalf. It can be intimidating to go at it alone when working with insurance adjusters. Most accident victims get a better outcome when insurance companies learn they have legal representation. You can avoid insurance tactics to avoid paying claims with an attorney.
Help You Build Your Case
Attorneys work closely with their clients to ensure they can build a strong case. Your lawyer may want to work with you and allow you to tell your story to insurance adjusters in a way that gets the story out but also protects your legal rights.
Your attorney will investigate your case by taking witness statements, reviewing your medical records, itemizing your medical bills and other expenses, and viewing photos of your injuries and property damage, among other strategies to build a strong case.
Represent You In Court
In most instances, cases resolve during the settlement phase. However, some accident claims require resolution through a trial. A seasoned pedestrian accident attorney can skillfully guide and manage your case with confidence.
Contact a Pedestrian Accident Attorney Today!
You don't have to navigate your case solo. If you suffered an injury in a pedestrian accident, don't hesitate to reach out to a skilled personal injury attorney for guidance and support. They can provide invaluable legal assistance, protect your rights, and help you pursue the compensation you deserve.
Thomas L. Stroble
FOUNDER
Mr. Stroble is a highly accomplished graduate of Michigan State University, with degrees in both science and law. He specializes in commercial lawsuits and personal injury cases. Licensed to practice law in Michigan and even the U.S. Supreme Court, he’s a well-qualified legal expert. Besides his career in law, he loves outdoor activities and volunteers as a part-time police officer in Birmingham.
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