The Most Vulnerable Victims on the Road
In the hierarchy of road safety, pedestrians stand alone. You have no airbags, no seatbelts, and no steel cage to protect you. When a driver is distracted, speeding, or drunk, and they strike a pedestrian, the physical damage is almost always severe. We frequently see traumatic brain injuries, spinal cord damage, and shattered bones that require months of rehabilitation.
According to the Governors Highway Safety Association, pedestrian fatalities have reached historic highs in recent years. But despite the severity of these accidents, injured pedestrians often face an uphill battle. Insurance companies are quick to blame the victim, arguing that they weren't in a crosswalk or were wearing dark clothing. Understanding your rights in Michigan is critical to fighting back.
Who Pays Your Medical Bills? (The Priority of Payment)
This is the most confusing part of Michigan law for pedestrians. If you are hit by a car while walking, who pays? Because Michigan is a No-Fault state, the answer depends on a strict "Order of Priority." It is not always the driver who hit you.
Here is the order in which you must seek benefits for your medical bills and lost wages:
- Your Own Policy: If you have a car insurance policy in your name, you claim benefits from your own insurer, even though you were walking and your car was parked at home.
- A Spouse or Relative: If you don't have insurance, but you live with a spouse or relative who does, you claim through their policy.
- The Michigan Assigned Claims Plan (MACP): If you have no insurance in your household, and (under the new laws) even if the driver has insurance, you may need to apply to the MACP to get coverage capped at $250,000.
Navigating this order is tricky. If you file with the wrong company, your claim will be denied or delayed. At Shiraz Law Firm, we handle this administrative nightmare for you so your bills get paid on time.
The "Jaywalking" Defense
The moment a pedestrian is hit, the insurance company starts looking for ways to blame them. The most common defense is: "They weren't in a crosswalk."
In Michigan, pedestrians generally have the right of way in crosswalks. However, crossing the street outside of a crosswalk (jaywalking) does not automatically ruin your case. Michigan follows a Comparative Negligence standard. This means that even if you were partially at fault for crossing where you shouldn't have, you can still recover compensation from the driver—provided the driver was also negligent.
For example, if you were crossing mid-block, but the driver was texting and speeding, a jury might find you 20% at fault and the driver 80% at fault. You would still receive 80% of your pain and suffering damages. Don't let an adjuster tell you that you have no case just because you weren't at a light.
Hit-and-Run Pedestrians
Tragically, many drivers flee the scene after hitting a pedestrian. In these cases, you are left injured and alone on the side of the road. If the driver is never found, you still have options.
You can still claim No-Fault (PIP) benefits for your medical care. Furthermore, if you or a resident relative has Uninsured Motorist (UM) coverage on an auto policy, you can file a claim against that policy for your pain and suffering. This coverage treats the phantom vehicle as an uninsured driver.
The Investigation Must Start Now
Pedestrian cases often rely on physical evidence that vanishes quickly. Skid marks fade. Surveillance footage from nearby businesses is deleted after 48 hours. Witnesses move away.
If you were hit, we need to act immediately to pull traffic camera footage and measure sightlines to prove the driver should have seen you. At Shiraz Law Firm, we reconstruct the accident to show that a vigilant driver would have stopped in time. Your life has been changed by a careless driver; don't let them escape responsibility.
