If you or a loved one has been injured in a pedestrian accident in Dearborn, seeking legal representation is vital to protect your rights and pursue the compensation you deserve. The Law Offices of Christopher Trainor & Associates are here to help. Call 248-886-8650 for a free consultation.
Accidents between motor vehicles are scary enough, but it can be absolutely terrifying when the accident involves a pedestrian. Pedestrians are among the most vulnerable of those on our roadways and can be at risk of serious injury or wrongful death if struck by a negligent driver.
In 2022, nearly 1900 motor vehicle crashes involved pedestrians in Michigan alone, leading to 173 pedestrian deaths. This number is staggering and should motivate us all to do what we can to increase safety for pedestrians in Dearborn and across the state.
At Christopher Trainor & Associates, we understand the challenges you may face in the aftermath of a pedestrian accident, and we are here to provide compassionate support and advocacy for your rights. With our dedicated team of Dearborn pedestrian accident lawyers, we have a proven track record of helping accident victims recover compensation for their injuries, medical expenses, lost income, and pain and suffering.
Our priority is to guide you through the legal process, hold responsible parties accountable, and secure the best possible outcome for your case. You don't have to navigate this difficult time alone – let us fight for the justice and compensation you deserve.
Contributing Factors to Dearborn Pedestrian Accidents
Pedestrians face unique challenges and vulnerabilities when navigating roadways, and various factors can increase their risk of being involved in accidents, including:
Lack of protection: Unlike occupants of vehicles, pedestrians have no physical barriers or protective equipment to shield them from the impact of a collision.
Size and visibility: Pedestrians are smaller and less visible than vehicles, especially at night or in adverse weather conditions, making them harder for drivers to spot.
Limited mobility: Pedestrians typically move at slower speeds than vehicles, which can make it difficult for them to react quickly to potential hazards on the road.
Exposure to traffic: Pedestrians are often in close proximity to moving vehicles, especially when crossing streets or walking along roadways, increasing their risk of being struck by a vehicle.
Vulnerable groups: Certain populations, such as children, older adults, and individuals with disabilities, may be at higher risk of pedestrian accidents due to factors like reduced mobility, slower reaction times, or difficulty navigating traffic.
Understanding what makes pedestrians so vulnerable can help lawmakers and citizens alike implement measures to increase their safety along our roadways. As most of us have walked the streets of Dearborn at some point in our lives, keeping our sidewalks and streets safe should be of utmost importance.
Common Causes of Dearborn Pedestrian Accidents
Similar to car accidents, an accident involving a pedestrian can happen for a plethora of reasons. Some of the most common causes in Dearborn include:
Driver Negligence: The most common cause of pedestrian accidents is driver negligence, such as speeding, distracted driving, running red lights or stop signs, failure to yield to pedestrians at crosswalks, and driving under the influence of alcohol or drugs.
Poor Visibility: Low visibility conditions, such as darkness, adverse weather (rain, fog, or snow), or poorly lit areas, can make it difficult for drivers to see pedestrians and vice versa, increasing the risk of accidents.
Pedestrian Negligence: Pedestrians may also contribute to accidents by jaywalking, crossing streets while distracted (e.g., using smartphones), or ignoring traffic signals.
Lack of Infrastructure: Inadequate infrastructure, such as poorly designed or maintained crosswalks, sidewalks, and pedestrian crossings, can create hazardous conditions for pedestrians.
Driver Inattention: Drivers who are distracted, fatigued, or otherwise inattentive may fail to notice pedestrians, leading to collisions.
Speeding: Excessive speeding reduces a driver's ability to react to pedestrians crossing the road, increasing the likelihood of accidents and the severity of injuries.
Failure to Yield: Drivers that refuse to yield the right-of-way to pedestrians at intersections, crosswalks, or when making turns contribute to many pedestrian accidents.
If you were injured as a pedestrian due to someone else's negligence, Christopher Trainor & Associates is here to protect your rights and safety. No one should have to suffer due to someone else’s carelessness.
Common Dearborn Pedestrian Accident Injuries
Coming head-to-head with a several-ton vehicle can lead to catastrophic injuries for a pedestrian, who has little way to protect themself. The common reported pedestrian accident injuries include:
Fractures and Broken Bones: Pedestrians often suffer fractures and broken bones, particularly in the legs, arms, hips, and pelvis, due to the impact with the vehicle or the ground.
Head Injuries: Head injuries ranging from concussions to more severe traumatic brain injuries (TBIs) can occur when pedestrians are struck by vehicles or fall to the ground, leading to long-term cognitive impairments and disabilities.
Spinal Cord Injuries: Severe pedestrian accidents can result in spinal cord injuries, causing paralysis or partial loss of movement and sensation in the affected areas of the body.
Soft Tissue Injuries: Pedestrians may sustain soft tissue injuries, such as bruises, lacerations, sprains, and strains, from the force of the impact or contact with the vehicle or road surface.
Internal Injuries: Internal injuries, including organ damage, internal bleeding, and abdominal trauma, can occur when pedestrians are struck by vehicles or thrown onto hard surfaces.
Psychological Trauma: Pedestrian accidents can cause psychological trauma, such as post-traumatic stress disorder (PTSD), anxiety, depression, and other mental health issues, resulting from the emotional shock and distress of the accident.
Fatal Injuries: In the most severe cases, pedestrian accidents can result in wrongful death, leaving families devastated by the loss of their loved ones.
These injuries can have long-lasting physical, emotional, and financial impacts on pedestrian accident victims and their families, emphasizing the importance of seeking legal representation from Christopher Trainor & Associates to pursue compensation for their damages.
Pedestrian Laws and Regulations
Michigan has several laws and regulations in place to help keep pedestrians safe, including:
Right-of-Way: Michigan law generally gives pedestrians the right-of-way at crosswalks, whether marked or unmarked, unless traffic control signals indicate otherwise.
Sidewalk Usage: Pedestrians are typically required to use sidewalks where provided and are not allowed to walk along highways where sidewalks are provided.
Traffic Signals: Pedestrians must obey traffic signals at intersections, crossing only on a green light or pedestrian signal.
Jaywalking: Crossing a roadway outside of a marked or unmarked crosswalk where pedestrian control signals are in operation is considered jaywalking and can result in fines.
Yielding to Pedestrians: Motorists are required to yield the right-of-way to pedestrians crossing within a marked or unmarked crosswalk at an intersection.
Safe Passing Distance: Drivers must maintain a safe distance when overtaking or passing a pedestrian, leaving ample space to avoid a collision.
These laws exist to protect pedestrians and ensure their safety on Dearborn roadways and at intersections. Violations of these laws can result in fines or other penalties for motorists or pedestrians involved.
Liability in Dearborn Pedestrian Accidents
In a Dearborn pedestrian accident, liability can fall on various parties depending on the circumstances. Potential liable parties may include:
Negligent Drivers: Motorists who fail to yield the right-of-way to pedestrians, disobey traffic signals, drive distracted, or commit other traffic violations may be held responsible for causing pedestrian accidents.
Property Owners: Property owners or managers may be liable if dangerous conditions on their premises, such as inadequate lighting, uneven sidewalks, or lack of proper signage, contribute to a pedestrian accident.
Local Government Entities: In some cases, local government entities may be held liable if hazardous road conditions, poorly designed intersections, or malfunctioning traffic signals contribute to pedestrian accidents.
Employers: If a pedestrian accident involves a commercial vehicle or a driver acting within the scope of their employment, the driver's employer may be held vicariously liable for the accident.
Determining liability in a pedestrian accident requires a thorough investigation of the circumstances surrounding the incident. Consulting with a knowledgeable pedestrian accident attorney can help identify liable parties and pursue compensation for the injured pedestrian.
Comparative Fault
In Michigan, comparative fault laws apply to pedestrian accidents, allowing for the allocation of fault among multiple parties involved in the incident. Under Michigan's modified comparative fault system, a pedestrian injured in an accident may still recover damages even if they are partially at fault for the accident. However, their compensation will be reduced in proportion to their percentage of fault.
For example, if a pedestrian is found to be 30% at fault for the accident and the driver is found to be 70% at fault, the pedestrian's compensation will be reduced by 30%. A $100,000 settlement would become $70,000.
It's essential to note that Michigan follows a modified version of comparative fault known as the 50% rule. Under this rule, a plaintiff can only recover damages if their percentage of fault is less than 50%. If the pedestrian is determined to be equally or more at fault than the other party involved, they will not be eligible to recover damages.
Navigating comparative fault laws in pedestrian accidents can be complex, requiring a thorough understanding of legal principles and case precedents. Consulting with an experienced pedestrian accident attorney from Christopher Trainor & Associates can help injured pedestrians understand their rights and pursue fair compensation under Michigan law.
Proving Negligence
Proving negligence in a Dearborn pedestrian accident claim involves demonstrating that the at-fault party breached their duty of care, causing the accident and resulting injuries. This typically requires gathering evidence such as eyewitness testimonies, surveillance footage, accident reports, medical records, and expert opinions to establish the following:
Duty of Care: Showing that the at-fault party had a legal obligation to exercise reasonable care to prevent harm to pedestrians.
Breach of Duty: Providing evidence that the at-fault party failed to uphold their duty of care by engaging in negligent behavior, such as speeding, distracted driving, or disobeying traffic laws.
Causation: Establishing a direct link between the at-fault party's breach of duty and the pedestrian's injuries, demonstrating that the accident was a foreseeable consequence of their actions.
Damages: Documenting the extent of the pedestrian's injuries and losses, including hospital bills, lost wages, pain and suffering, and other damages resulting from the accident.
By building a strong case supported by compelling evidence, a skilled pedestrian accident attorney can help accident victims pursue full compensation for their injuries and hold negligent parties accountable for their actions.
No-Fault Benefits for Dearborn Pedestrian Accidents
Michigan does not have specific insurance requirements solely for pedestrian accidents. Instead, the state follows a no-fault insurance system, which means that regardless of fault, individuals involved in auto accidents are generally entitled to certain benefits from their own insurance providers. These benefits typically include expensive medical bills, lost wages, and replacement services.
However, pedestrians who are injured in accidents involving motor vehicles may also be covered by the driver's liability insurance. Michigan law requires drivers to carry liability insurance with minimum coverage limits, including:
$20,000 per person for bodily injury or death
$40,000 per accident for bodily injury or death when multiple people are injured or killed
$10,000 per accident for property damage
These liability insurance requirements apply to accidents involving pedestrians as well. If a pedestrian is injured due to the negligence of a motor vehicle driver, they may file a claim against the driver's liability insurance to seek compensation for their injuries and damages.
It's important for pedestrians who are injured in accidents involving motor vehicles to consult with an experienced Dearborn personal injury attorney to understand their rights and options for pursuing compensation under Michigan's insurance laws.
Compensation for Dearborn Pedestrian Accidents
In Dearborn pedestrian accident cases, victims injured may be eligible to receive various types of monetary compensation for their losses. These damages can be broadly categorized into economic, non-economic, and punitive damages:
Economic Damages:
Economic damages refer to the tangible financial losses that a person incurs as a direct result of an injury or harm caused by someone else's actions or negligence. These damages are quantifiable and typically have a clear monetary value, including:
Medical Expenses: Coverage for all medical costs related to treating the pedestrian's injuries, including hospital bills, surgeries, medications, rehabilitation, and ongoing medical care.
Lost Wages: Reimbursement for income lost due to missed work while recovering from the pedestrian accident injuries.
Future Earnings: Compensation for any reduction in the pedestrian's ability to earn income in the future due to their injuries.
Property Damage: Coverage for any damage to personal property, such as clothing, bags, or electronic devices, resulting from the pedestrian accident.
Non-Economic Damages:
Non-economic damages aim to provide fair and just compensation for the non-monetary losses a person experiences due to someone else's negligence or wrongdoing. Since these damages are subjective and vary from individual to individual, determining an appropriate amount often involves consideration of various factors, including the severity of the injury, the individual's age, and their overall quality of life before and after the incident. They include:
Pain and Suffering: Compensation for physical and emotional pain experienced as a result of the accident and resulting injuries.
Disability and Impairment: Additional compensation for any permanent disabilities or impairments resulting from the pedestrian accident, which may affect the individual's quality of life and ability to perform daily activities.
Loss of Enjoyment of Life: Compensation for the loss of enjoyment of activities and hobbies due to the injuries sustained in the pedestrian accident.
Punitive Damages:
Punitive damages are a type of compensation awarded in civil lawsuits to punish the defendant for their wrongdoing and deter others from similar behavior. Unlike economic and non-economic damages, which aim to compensate the plaintiff for losses or harm suffered, punitive damages are intended to punish the defendant and send a message that certain conduct will not be tolerated. These damages are typically awarded in cases where the defendant's actions were especially reckless, intentional, or malicious.
It's essential for pedestrian accident victims in Dearborn to consult with a knowledgeable personal injury attorney who can assess their case's specific circumstances and pursue the maximum compensation available under Michigan law, including economic, non-economic, and punitive damages.
What is My Pedestrian Accident Case Worth?
Determining the value of a pedestrian accident case depends on various factors, including the severity of your injuries, the extent of your medical bills paid, the impact of the accident on your life, and the liability of the parties involved. To determine the value of your pedestrian accident case accurately, consult with the personal injury lawyers at Christopher Trainor & Associates. We can evaluate the specific details of your case, assess the damages you've suffered, and advocate on your behalf to seek full and fair compensation for your losses. Check out our past verdicts to get an idea of what your own case might be worth.
Statute of Limitations
In Michigan, the statute of limitations for pedestrian accident claims is generally three years from the date of the accident. This means that individuals who have been injured in pedestrian accidents typically have three years from the date of the incident to file a lawsuit seeking compensation for their injuries.
It's important to note that this timeframe may vary depending on the specifics of the case and any applicable exceptions, so it's advisable to consult with an experienced lawyer from Christopher Trainor & Associates to understand the statute of limitations that applies to your particular situation.
What to Do After a Pedestrian Accident
If you've been involved in a pedestrian accident in Dearborn, you may not know what to do next. It can be an overwhelming and terrifying experience, but it's crucial to take several important steps to protect yourself and your legal rights:
Seek Medical Treatment: Your health and well-being should be your top priority. Even if you don't think your injuries are severe, it's essential to seek medical attention immediately. Some injuries may not be immediately apparent, and prompt medical care can help ensure that you receive proper treatment and documentation of your injuries.
Contact Law Enforcement: Report the accident to the police as soon as possible. An official police report will document the details of the accident, including the time, location, and parties involved. This report can be valuable evidence in your case.
Gather Evidence: If you're able to do so safely, gather evidence at the accident scene. Take photographs of the area, including any damage to vehicles, road conditions, traffic signals, and your injuries. Collect contact information from any witnesses who saw the accident occur.
Notify Your Insurance Company: Report the accident to your insurance company as soon as possible. Provide them with the necessary information and cooperate with their investigation.
Consult with a Pedestrian Accident Lawyer: Seek legal representation from an experienced Dearborn lawyer. We can help protect your rights, navigate the complicated legal process, and pursue compensation for your injuries and damages.
By taking these steps, you can help ensure that your rights are protected and increase the likelihood of a successful outcome in your pedestrian accident claim.
When You File a Pedestrian Accident Claim
The thought of filing a personal injury claim might feel overwhelming if you aren't familiar with the procedures for these cases. During your pedestrian accident claim in Dearborn, several key steps will typically occur:
Initial Consultation: You'll meet with a Christopher Trainor & Associatiopedestrian accident attorney to discuss the details of your case, including the circumstances of the accident, your injuries, and any available evidence.
Investigation: Your attorney will conduct a thorough investigation into the accident, gathering evidence such as witness statements, police reports, surveillance footage, and medical records to support your claim.
Legal Strategy: Based on the findings of the investigation, your attorney will develop a legal strategy tailored to your case, outlining how to prove liability and pursue maximum compensation.
Negotiation: Your attorney will engage in negotiations with the at-fault party's insurance company to seek a fair settlement. This may involve presenting evidence, advocating for your rights, and negotiating the terms of compensation.
Litigation: If a fair settlement cannot be reached through negotiation, your attorney may file a lawsuit on your behalf and litigate your case in court. This involves presenting evidence, examining witnesses, and arguing your case before a judge or jury.
Resolution: Ultimately, your pedestrian accident claim will reach a resolution either through settlement negotiations or a court verdict. If successful, you will receive compensation for your injuries and losses.
Throughout this process, your attorney will provide guidance, support, and advocacy to help you navigate the legal system and achieve the best possible outcome for your case. Hopefully having an idea of the steps that need to be taken can help ease your mind. Christopher Trainor & Associates will work to make this as stress-free for you as possible.
How a Dearborn Pedestrian Accident Attorney Can Help
After your accident, you may not know if it is worth it to hire a lawyer for your personal injury lawsuit. Though it is possible to file a claim without representation, an attorney can provide invaluable assistance with your pedestrian accident case in several ways:
Legal Guidance: A pedestrian accident attorney can explain your rights under Michigan law and guide you through the legal process. We will help you understand the steps involved in pursuing a claim and ensure that your rights are protected at every stage.
Investigation: Attorneys have the resources and experience to conduct a thorough investigation into the circumstances surrounding your accident. We can gather evidence such as witness statements, accident reports, surveillance footage, and expert opinions to strengthen your case.
Case Evaluation: Your attorney will assess the strengths and weaknesses of your case to determine its value and likelihood of success. We can provide you with realistic expectations regarding potential outcomes and advise you on the best course of action.
Negotiation: Experienced attorneys are skilled negotiators who can engage with insurance companies on your behalf to seek a fair settlement. We will advocate for your rights and work to maximize the compensation you receive for your injuries and losses.
Litigation: If a fair settlement cannot be reached through negotiation, your attorney can represent you in court. We will prepare your case for trial, present evidence, cross-examine witnesses, and argue your case before a judge and jury.
Legal Representation: Throughout the entire legal process, your attorney will serve as your advocate, providing support, guidance, and representation. We will handle all communication with insurance companies and opposing parties, allowing you to focus on your recovery.
Having a Dearborn personal injury lawyer on your side can greatly improve your chances of a successful outcome for your pedestrian accident case. Don't risk a claim denial or unjust settlement; let the legal team at Christopher Trainor & Associates help.
Contact a Dearborn Pedestrian Accident Lawyer Today!
In the aftermath of a pedestrian accident in Dearborn, you don't have to navigate the complexities of the legal system alone. Our team of experienced pedestrian accident lawyers at Christopher Trainor & Associates is here to help you seek justice and compensation for your injuries. With our compassionate support and dedicated advocacy, we will fight tirelessly to protect your rights and hold negligent parties accountable for their actions. Don't wait any longer to pursue the compensation you deserve. Contact us today for a free consultation, and let us help you take the first step towards recovery and peace of mind.
