Have you been injured by a motor vehicle as a pedestrian in Ann Arbor? You may be entitled to significant compensation for your medical expenses and suffering. Call Christopher Trainor & Associates to schedule a free case review.
Accidents involving pedestrians and motor vehicles can have devastating consequences for walkers, joggers, children, and others on foot. Without the protective features of a vehicle, such as a steel frame and safety restraints, pedestrians are particularly vulnerable to severe and often fatal injuries when struck by cars, trucks, or motorcycles.
If you or a loved one has been involved in such an accident, you may be grappling with substantial medical bills and the long-term impact on your daily life. Seeking the compensation you rightfully deserve can be challenging, especially when dealing with insurance claims and paperwork. Your primary focus should be on recovery, not navigating the complexities of legal procedures and negotiations.
Partnering with an Ann Arbor pedestrian accident lawyer at the Law Offices of Christopher Trainor & Associates means holding the responsible party accountable for the injuries they inflicted upon you. If you're considering a pedestrian accident lawsuit and have inquiries, reach out today to arrange your complimentary consultation.
The Leading Causes of Ann Arbor Pedestrian Accidents
The leading causes of pedestrian accidents in Ann Arbor, as in many other places, often involve factors related to both pedestrians and drivers. Here are some common causes:
Driver Inattention: Drivers who are distracted by phones, passengers, or other activities may fail to see pedestrians or react in time to avoid a collision.
Failure to Yield: Drivers may fail to yield the right-of-way to pedestrians at crosswalks or intersections, especially during turns.
Speeding: Excessive speed reduces a driver's ability to stop quickly, increasing the likelihood of hitting a pedestrian.
Impaired Driving: Driving under the influence of alcohol or drugs significantly impairs a driver's judgment, coordination, and reaction time, posing a high risk to pedestrians.
Pedestrian Negligence: Pedestrians who jaywalk, cross streets without looking, or disregard traffic signals may contribute to accidents.
Poor Visibility: Low light conditions, bad weather, or obstructed views can make it difficult for drivers to see pedestrians and vice versa.
Distracted Walking: Pedestrians distracted by phones, headphones, or other devices may not be aware of their surroundings or approaching vehicles.
Lack of Infrastructure: Insufficient crosswalks, poorly designed intersections, or lack of adequate lighting can increase the risk of pedestrian accidents.
Vehicle Design: Large vehicles with blind spots or vehicles making turns may pose higher risks to pedestrians, especially in urban areas.
Driver Fatigue: Fatigued drivers may have slower reaction times and impaired judgment, similar to impaired driving. This is particularly common with rideshare or truck drivers who spend long hours on the road.
Understanding these common causes can help improve awareness and safety for both pedestrians and drivers in Ann Arbor and elsewhere. Implementing safety measures, such as improved infrastructure, education campaigns, and stricter enforcement of traffic laws, can also contribute to reducing pedestrian accidents and promoting safer streets.
Types of Injuries That Can Occur in Pedestrian Accidents
Pedestrian accidents can result in a wide range of injuries, varying from minor to severe, and even fatal. Common injuries sustained in pedestrian accidents include:
Soft Tissue Injuries: These include bruises, sprains, strains, and minor cuts or abrasions.
Fractures and Broken Bones: Pedestrians often suffer fractures or breaks in the arms, legs, hips, or pelvis, particularly if they are struck by a vehicle or thrown to the ground.
Head Injuries: Traumatic brain injuries, concussions, and skull fractures can occur if a pedestrian's head strikes the ground, a vehicle, or another object.
Spinal Cord Injuries: Injuries to the spinal cord can result in partial or complete paralysis, affecting mobility and function.
Internal Injuries: Blunt force trauma can cause injuries to internal organs such as the liver, kidneys, spleen, or lungs, leading to internal bleeding or organ damage.
Lacerations and Contusions: Deep cuts, puncture wounds, and severe bruises can result from impact by a vehicle or other objects.
Amputations: In severe cases, limb amputations may be necessary due to the severity of injuries sustained in the accident.
Emotional Trauma: Witnessing or experiencing a pedestrian accident can lead to psychological injuries such as post-traumatic stress disorder, anxiety, or depression.
Fatalities: Unfortunately, pedestrian accidents can result in fatalities, especially in cases involving high speeds or significant impact.
The severity of injuries in pedestrian accidents often depends on factors such as the speed of the vehicle, the point of impact, whether protective gear was worn (e.g., helmets), and the overall health and age of the pedestrian. Prompt medical attention is crucial following a pedestrian accident to assess and treat injuries effectively, improve outcomes, and document injuries for potential legal claims.
If you or someone you know has been involved in a pedestrian accident in Ann Arbor or elsewhere, seeking medical attention immediately is essential. Additionally, consulting with an experienced personal injury lawyer can help you understand your legal rights and pursue compensation for your injuries and losses.
Does No-Fault Insurance Cover Ann Arbor Pedestrian Accidents?
Yes, in Michigan, no-fault insurance typically covers pedestrian accidents, including those that occur in Ann Arbor. Michigan is a no-fault insurance state, which means that regardless of who is at fault for the accident, individuals involved can typically receive benefits from their own insurance company to cover medical expenses, lost wages, and other related costs resulting from the accident.
Here’s how no-fault insurance generally applies to pedestrian accidents in Ann Arbor:
Personal Injury Protection: PIP benefits are available under your own auto insurance policy if you are injured in a pedestrian accident involving a motor vehicle. PIP benefits can cover medical expenses, rehabilitation costs, and a portion of lost wages, regardless of fault.
Minimum Coverage Requirements: Michigan law requires drivers to carry minimum PIP coverage, which includes medical expenses, rehabilitation costs, and up to three years of lost wages.
Exceptions: There are situations where a pedestrian may not be covered by no-fault insurance, such as if they were intentionally trying to injure themselves or committing a felony at the time of the accident.
Third-Party Liability Claims: In some cases, if the pedestrian's injuries meet certain thresholds (such as serious impairment of bodily function), they may also pursue a liability claim against the at-fault driver for additional damages not covered by PIP benefits, such as pain and suffering.
If you have been involved in a pedestrian accident in Ann Arbor, it's important to consult with an experienced personal injury lawyer who can navigate the complexities of no-fault insurance laws and help you understand your rights to compensation under Michigan's legal framework.
About The Michigan Assigned Claims Plan
The Michigan Assigned Claims Plan is a program designed to provide no-fault insurance benefits to individuals who are injured in auto accidents but do not have access to no-fault insurance coverage through their own policy, the policy of a resident relative, or the policy of the owner of the vehicle involved in the accident. The MACP acts as a safety net for individuals who would otherwise be unable to receive benefits under Michigan's no-fault insurance system.
Here are key points about the Michigan Assigned Claims Plan:
Purpose: The MACP ensures that individuals injured in auto accidents in Michigan can still receive essential no-fault benefits, such as medical expenses, wage loss benefits, and attendant care services, even if they do not have their own auto insurance coverage.
Eligibility: To qualify for benefits through the MACP, the injured person must demonstrate that they do not have any applicable no-fault insurance coverage available through their own policy, the policy of a resident relative, or the policy of the owner of the vehicle involved in the accident.
Claims Process: Claims under the MACP are processed through the Michigan Automobile Insurance Placement Facility (MAIPF), which administers the plan. The MAIPF assigns the claim to one of the participating auto insurance companies in Michigan, which then handles the claim and provides the necessary benefits to the injured person.
Coverage Limitations: Benefits provided through the MACP are subject to the same limits and requirements as those provided under regular no-fault insurance policies in Michigan. This includes coverage for medical expenses, rehabilitation costs, lost wages, and other related expenses.
The Michigan Assigned Claims Plan is an important component of Michigan's auto insurance system, ensuring that individuals who are injured in auto accidents have access to necessary benefits regardless of their insurance status at the time of the accident. If you have been injured in an auto accident in Michigan and believe you may qualify for benefits under the MACP, consulting with an experienced personal injury attorney can help you navigate the claims process and ensure you receive the compensation you are entitled to.
Steps To Take After an Ann Arbor Pedestrian Accident
If you've been involved in a pedestrian accident in Ann Arbor, taking the following steps can help protect your health, ensure your safety, and strengthen any potential legal claims you may pursue:
Seek Medical Attention: Your health and safety should be your top priority. Seek medical attention immediately, even if you feel your injuries are minor. Some injuries may not be immediately apparent but could worsen over time.
Report the Accident: Call the police to the scene of the accident, and file an accident report. This official documentation will be crucial for insurance claims and potential legal proceedings.
Exchange Information: Obtain the contact information, insurance details, and vehicle registration information from the driver(s) involved in the accident. If there were witnesses, obtain their contact information as well.
Document the Scene: Take photos and videos of the accident scene, including vehicle positions, traffic signals, road conditions, and any visible injuries. This documentation can serve as valuable evidence later.
Do Not Admit Fault: Avoid discussing fault or making statements that could be interpreted as admitting fault, whether to the driver(s), witnesses, or insurance representatives. Stick to factual information when speaking about the accident.
Keep Records: Keep records of all medical treatments, prescriptions, and other expenses related to your injuries. Also, document any impact the injuries have on your daily life, such as missed workdays or activities you can no longer participate in.
Contact a Pedestrian Accident Lawyer: Consult with an experienced pedestrian accident lawyer in Ann Arbor as soon as possible. A lawyer can provide guidance on your legal rights, handle communications with insurance companies, and initiate the process of seeking compensation for your injuries and losses.
Avoid Discussing the Accident Publicly: Refrain from discussing details of the accident on social media or with anyone other than your lawyer. Statements made publicly could potentially be used against you during legal proceedings.
Follow Medical Advice: Attend all follow-up appointments and adhere to your healthcare provider's treatment plan. Compliance with medical recommendations demonstrates the severity of your injuries and your commitment to recovery.
Be Patient: Recovering from a pedestrian accident takes time. Be patient with yourself and allow your lawyer to handle the legal complexities while you focus on healing.
By taking these steps after an Ann Arbor pedestrian accident, you can protect your legal rights, strengthen your potential claim for compensation, and work towards recovery from your injuries.
How an Ann Arbor Pedestrian Accident Lawyer Can Help You Recover Compensation
An Ann Arbor pedestrian accident lawyer can be instrumental in helping you recover compensation for your injuries and losses. Here are several ways they can assist you:
Legal Expertise: A lawyer specializing in pedestrian accidents understands Michigan's laws and regulations related to pedestrian rights, traffic rules, and insurance requirements. They can navigate the legal complexities of your case and ensure that your rights are protected.
Investigation: Your lawyer will conduct a thorough investigation into the circumstances surrounding the accident. This includes gathering evidence such as police reports, witness statements, surveillance footage, and expert opinions to establish liability.
Determining Liability: Establishing who was at fault in the accident is crucial. Your lawyer will analyze factors such as driver negligence, road conditions, traffic signals, and pedestrian actions to determine liability. This is essential for pursuing compensation from the responsible party.
Calculating Damages: Your lawyer will assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, emotional distress, and any future medical or rehabilitation costs. They will work with medical professionals and financial experts to ensure all aspects of your losses are documented and accounted for.
Negotiating with Insurance Companies: Insurance companies often attempt to minimize payouts or deny claims altogether. Your lawyer will handle all communications and negotiations with the insurance company on your behalf. They will advocate for fair and just compensation that adequately covers your needs.
Litigation Representation: If a fair settlement cannot be reached through negotiations, your lawyer is prepared to represent you in court. They will present your case to a judge and jury, arguing for the compensation you deserve based on the evidence.
Providing Support and Guidance: Dealing with the aftermath of a pedestrian accident can be overwhelming. Your lawyer will provide compassionate support throughout the process, answering your questions, addressing concerns, and keeping you informed about the progress of your case.
Contingency Fee Basis: Most personal injury lawyers, including here at Christopher Trainor & Associates, work on a contingency fee basis. This means you pay nothing upfront and only owe legal fees if your lawyer successfully recovers compensation for you. This arrangement allows access to legal representation without financial risk.
In summary, hiring an experienced Ann Arbor pedestrian accident lawyer will significantly improve your chances of receiving fair compensation for your injuries and losses. We will handle the legal complexities of your case, advocate on your behalf, and work diligently to achieve the best possible outcome for you.
How Long Will My Ann Arbor Pedestrian Accident Case Take to Settle?
The duration of an Ann Arbor pedestrian accident case can vary significantly based on several factors. While each case is unique, here are some factors that typically influence how long it may take to settle:
Extent of Injuries: Cases involving severe injuries that require extensive medical treatment and rehabilitation may take longer to settle. This is because it's important to determine the full extent of your injuries and how they will impact your future health and quality of life.
Liability Disputes: If there are disputes over who was at fault for the accident, it may prolong the settlement process. Your lawyer will need to gather evidence, interview witnesses, and possibly engage in negotiations or litigation to establish liability.
Insurance Company Cooperation: The responsiveness and cooperation of the insurance company involved can affect how quickly a settlement is reached. Some insurance companies may delay or contest claims, which can prolong the process.
Negotiations: Negotiating a fair settlement often takes time. Your lawyer will need to gather evidence, assess damages, and engage in back-and-forth negotiations with the insurance company to ensure you receive adequate compensation.
Medical Recovery: It's essential to reach a settlement that takes into account your current and future medical needs. If your injuries require ongoing treatment or rehabilitation, your lawyer may need to negotiate for compensation that covers these expenses.
Court Proceedings: If negotiations do not result in a satisfactory settlement, your case may proceed to litigation. Court proceedings can extend the timeline significantly, as court schedules, legal procedures, and preparation for trial take time.
Complexity of the Case: Cases involving multiple parties, complex legal issues, or substantial damages may require more time to resolve than straightforward cases.
While it's difficult to provide an exact timeframe for how long your Ann Arbor pedestrian accident case will take to settle, your lawyer can provide a more accurate estimate based on the specific circumstances of your case. They will work diligently to expedite the process while ensuring your legal rights are protected and you receive fair compensation for your injuries and losses.
When a Pedestrian is Liable for an Accident
In pedestrian accidents, liability typically rests with the motor vehicle driver due to their duty to exercise caution and yield to pedestrians in most circumstances. However, there are scenarios where a pedestrian may be found partially or fully liable for an accident:
Jaywalking: Crossing a street outside of designated crosswalks or against traffic signals can contribute to an accident. If a pedestrian's jaywalking directly causes a collision, they may be held liable.
Ignoring Walk Signals: Pedestrians must obey traffic signals and crosswalk signals. If a pedestrian crosses against a signal and causes an accident, they may bear responsibility.
Intoxication: If a pedestrian is intoxicated or impaired by drugs, impairing their ability to safely navigate traffic or cross streets, they may be deemed partially or fully liable.
Darting into Traffic: Unexpectedly stepping into the path of a vehicle, such as when emerging from between parked cars or stepping off a curb without warning, can result in shared liability.
Contributory Negligence: Michigan follows a modified comparative fault rule. If a pedestrian's actions contributed to the accident, their compensation may be reduced in proportion to their degree of fault. If a pedestrian is found to be 50% or more at fault, they may be barred from recovering damages.
Disregarding Right-of-Way: Pedestrians must yield the right-of-way to vehicles in certain situations, such as when not crossing at designated crosswalks or when crossing outside intersections.
Determining liability in pedestrian accidents can be complex and often requires a thorough investigation into the circumstances surrounding the incident. If you're involved in a pedestrian accident where liability is disputed, consulting with an experienced personal injury lawyer in Ann Arbor can provide clarity on your legal rights and options for seeking compensation.
Discuss Your Case With an Ann Arbor Pedestrian Accident Lawyer
At the Law Offices of Christopher Trainor & Associates, our dedicated Ann Arbor pedestrian accident lawyers are committed to helping you seek justice and secure the full financial compensation you deserve for your injuries and losses. We manage every facet of your case, from thoroughly investigating the accident to negotiating with insurance companies and, if required, advocating for you in court. Reach out to us at (248) 886-8650 or through our online contact form to arrange a free case evaluation.
