Thousands of pedestrians suffer injuries or even die in traffic accidents each year in Michigan. These incidents can happen in various places, including local streets or while crossing highways, and most often occur at night. Beyond car accidents, there are also many non-vehicular accidents involving pedestrians due to issues like sidewalk defects, poor road maintenance, or construction hazards. If you've been involved in a pedestrian accident, this article breaks down how to establish negligence and seek compensation.
Proving Negligence
To file a personal injury lawsuit after a pedestrian accident caused by someone else’s negligence, you need to prove four essential points:
- The other party had a legal duty to guarantee your safety.
- They violated that duty by acting carelessly.
- Their actions led to the injury or accident.
- You suffered injuries and damages as a result.
Avoiding Blame for the Accident
When seeking compensation, the at-fault party and their insurance may try to blame you for the accident. To protect yourself, be sure to follow these steps:
- Call the police.
- Stay at the scene until help arrives.
- Collect contact information from any witnesses.
- Avoid discussing the accident with anyone, including insurance representatives.
- Seek medical attention.
Your Legal Rights After a Pedestrian Accident in Michigan
As an injured pedestrian, you have the right to seek compensation for your injuries from the responsible party. This compensation can cover pain and suffering, lost wages, medical bills, and other related expenses. Here are a few options for recovering damages:
- Filing a Wrongful Death Claim
If a pedestrian dies from the accident, their family can file a wrongful death lawsuit. This can provide compensation for loss of companionship, funeral costs, and future income loss.
- Using Personal Injury Protection (PIP) Insurance
PIP insurance can help cover medical expenses, lost wages, and other damages regardless of who caused the accident. It is a helpful resource for immediate medical costs following an accident.
- Filing a Claim with the Driver’s Insurance Company
After a pedestrian accident, medical bills can pile up quickly and become overwhelming. Filing a claim with the at-fault driver’s insurance company as soon as possible can help you manage these expenses.
Conclusion
If you've been injured in a pedestrian accident in Michigan, you can seek compensation. In pedestrian accident cases, a personal injury lawsuit can be filed against various parties based on the details of the case. Potentially liable parties could include the driver who hit you, a government agency responsible for road maintenance, or another third party.
If you are injured by a negligent driver, reach out to a Michigan pedestrian accident lawyer to help you seek justice.