Walking is a great way to explore a city or town, letting you discover its landscapes and vibrant life. Unfortunately, accidents happen, and as a pedestrian, you are completely defenseless against all the cars, trucks, and motorcycles that travel across the city.
By working with a Lansing pedestrian accident lawyer from the Law Offices of Christopher Trainor & Associates, you are taking action to ensure that the negligent driver will be brought to account for the harm they have caused you. If you have questions regarding a potential pedestrian accident lawsuit, call us today to schedule your free consultation.
Common Causes of Lansing Pedestrian Accidents
Pedestrian accidents can occur due to various factors and circumstances. Some common causes of pedestrian accidents include:
Distracted driving: Drivers distracted by their phones, passengers, or other activities may fail to notice pedestrians crossing the road or walking along the sidewalk.
Failure to yield: Drivers who fail to yield to pedestrians at crosswalks or intersections put pedestrians at risk of being struck.
Speeding: Excessive speeding reduces a driver's reaction time and increases the likelihood of a collision with pedestrians.
Disregarding traffic signals: Drivers who run red lights or ignore stop signs may collide with pedestrians who have the right of way.
Poor visibility: Low lighting conditions, inclement weather, or obstructed views can make it difficult for drivers to see pedestrians, increasing the risk of accidents.
Pedestrian negligence: Pedestrians who fail to follow traffic signals, cross streets outside of designated crosswalks, or dart into traffic unexpectedly can contribute to accidents.
Understanding these common causes can help pedestrians and drivers take appropriate precautions to prevent accidents and ensure road safety.
Pedestrian Right-of-Way Explained
Pedestrians typically have the right of way in designated crosswalks and at intersections, but there are specific circumstances in which pedestrians have the right of way:
Crosswalks: Pedestrians have the right of way when crossing at marked or unmarked crosswalks. Drivers are required to yield to pedestrians within or approaching a crosswalk.
Intersections: At intersections without traffic signals or where traffic signals are not operational, pedestrians generally have the right of way when crossing with the flow of traffic or when crossing with a green pedestrian signal.
Pedestrian-Controlled Crossings: Pedestrian-controlled crossings, such as crosswalks with traffic lights or pedestrian push buttons, give pedestrians the right of way when the pedestrian signal indicates it is safe to cross.
School Zones and Pedestrian Safety Zones: Drivers are required to yield to pedestrians within designated school zones or pedestrian safety zones, where additional precautions may be in place to protect pedestrians, such as reduced speed limits or flashing lights.
Both pedestrians and drivers need to understand and respect pedestrian right-of-way laws to prevent accidents and ensure the safety of everyone on the road.
Common Locations Where Pedestrian Accidents Happen
Pedestrian accidents can occur in various locations, but some common places where they tend to happen include:
Intersections: Intersections, especially those with heavy traffic and complex road layouts, are common locations for pedestrian accidents. Issues like driver distraction, failure to yield, and misjudging pedestrian crossing times contribute to accidents at intersections.
Crosswalks: While crosswalks are intended to provide safe passage for pedestrians, accidents can still occur due to drivers failing to yield or pedestrians crossing against traffic signals.
Sidewalks: Accidents can happen on sidewalks when vehicles veer off the road, drivers fail to yield while turning onto or off of streets, or when cyclists or other pedestrians collide with pedestrians.
Residential Areas: Residential streets and neighborhoods can see pedestrian accidents due to children playing, pedestrians walking pets, or residents jogging or exercising near roadways.
Parking Lots: Parking lots pose risks for pedestrians due to limited visibility, congestion, and drivers backing out of parking spaces without noticing pedestrians walking behind their vehicles.
Non-Intersection Locations: Pedestrian accidents can also occur on roadways between intersections, where pedestrians may attempt to cross mid-block or in areas without designated crosswalks.
Understanding the most common locations where pedestrian accidents occur can help both pedestrians and drivers take extra precautions to prevent accidents and promote road safety.
Sadly, accidents continue to occur due to motorists’ lack of care. If you have been struck by a motor vehicle, our experienced and caring Lansing pedestrian accident lawyer will fight to hold the negligent driver accountable for their actions.
When is a Pedestrian At Fault for an Accident?
Pedestrians may be at fault for an accident in certain circumstances, including:
Jaywalking: Crossing the street outside of designated crosswalks or against traffic signals can put pedestrians at fault if they are struck by a vehicle.
Walking While Intoxicated: Pedestrians who are intoxicated and engage in behavior that contributes to an accident, such as stumbling into traffic, may be considered at fault.
Darting into Traffic: Pedestrians who suddenly step into the path of a vehicle, giving the driver insufficient time to react and avoid a collision, may be considered at fault.
Ignoring Traffic Signs or Signals: Pedestrians who disregard traffic signs, signals, or crossing guards and proceed to cross the street when it is unsafe to do so may be deemed at fault.
Walking in Prohibited Areas: Pedestrians who walk on restricted roadways, such as highways or interstate ramps where pedestrian access is prohibited, may be at fault for any accidents that occur.
Comparative Negligence: In some states, including Michigan, pedestrians may be found partially at fault for an accident if their actions contribute to the collision, even if the driver is primarily responsible.
Pedestrians must exercise caution, follow traffic laws, and be mindful of their surroundings to minimize the risk of accidents and ensure their safety on the roadways. A diligent Lansing pedestrian accident lawyer will work tirelessly to prove you, as a pedestrian, didn’t contribute to the accident’s occurrence.
Factors That Can Impact Your Pedestrian Accident Settlement
Several factors can impact the settlement amount in a Lansing pedestrian accident case, including:
Severity of Injuries: The extent and severity of the pedestrian's injuries, including medical expenses, rehabilitation costs, and long-term care needs, play a significant role in determining the settlement amount.
Liability: Establishing liability is crucial in pedestrian accident cases. If the driver's negligence is clear-cut, it strengthens the pedestrian's case and may lead to a higher settlement. However, if the pedestrian shares some responsibility for the accident, it could reduce the settlement amount under Michigan's comparative negligence laws.
Insurance Coverage: The insurance coverage limits of the at-fault driver's policy and any additional insurance coverage available, such as underinsured or uninsured motorist coverage, can impact the maximum settlement amount.
Lost Income and Future Earnings: Compensation for lost wages, including lost current and future income, can significantly affect your settlement amount.
Pain and Suffering: Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are subjective but can substantially impact the overall settlement amount.
Evidence: The strength of the evidence, including police reports, witness statements, medical records, accident reconstruction reports, and photographs or videos of the accident scene, can influence the settlement negotiation process.
Legal Representation: Having experienced legal representation can help negotiate a higher settlement amount by advocating for the pedestrian's rights and ensuring that all relevant factors are considered in the settlement negotiations.
Consulting with a knowledgeable Lansing pedestrian accident lawyer can provide further insights into the specific factors relevant to your case and help you pursue fair compensation for your injuries.
Are Pedestrians Eligible for No-Fault Insurance Benefits?
In Michigan, pedestrians injured in motor vehicle accidents are generally not eligible for no-fault insurance benefits under their own insurance policies. No-fault insurance benefits, also known as personal injury protection benefits, typically cover medical expenses, lost wages, and other economic losses for individuals injured in motor vehicle accidents, regardless of fault.
However, pedestrians injured in motor vehicle accidents may still be entitled to no-fault insurance benefits under the motor vehicle's insurance policy. Michigan's no-fault insurance system provides benefits to occupants of motor vehicles involved in accidents, including pedestrians struck by vehicles.
A knowledgeable Lansing pedestrian accident lawyer can help you file a claim for no-fault insurance benefits against the insurance company covering the vehicle involved in the accident.
What You Should Do If the At-Fault Driver Flees the Scene
If the at-fault driver flees the scene of a Lansing pedestrian accident, it can complicate the process of seeking compensation for the injured pedestrian. There are, however, steps that you can take to protect your right to compensation, such as:
Seek Medical Attention: You should seek medical attention immediately for any injuries sustained in the accident. Prompt medical treatment not only ensures your health and well-being but also creates documentation of injuries, which can be crucial for any insurance claims or legal proceedings.
Report the Accident: Report the hit-and-run accident to the police immediately. Providing the police with details of the accident, including the time, location, and description of the vehicle and driver (if available), can help law enforcement investigate the incident.
Gather Evidence: If possible, gather evidence from the accident scene, such as photographs of the damage, witness contact information, and any other relevant details. This evidence can support your insurance claim or legal case.
Notify Your Insurance Company: Duly inform your own insurance company about the hit-and-run accident. Depending on their insurance policy, you may be eligible for uninsured motorist coverage, which can compensate for injuries and damages resulting from a hit-and-run accident.
Consult with a Lawyer: A pedestrian accident lawyer in Lansing can guide you through the claims process by negotiating with insurance companies on your behalf, building a solid case based on the evidence and records they can gather, and pursuing legal action against the at-fault driver if they are identified.
Preserve Medical Records and Expenses: You should keep thorough records of all medical treatment received, as well as any expenses incurred as a result of the accident. This documentation will be essential for calculating damages and seeking compensation.
By taking these steps and working with an experienced attorney, pedestrians injured in hit-and-run accidents can protect their rights and pursue the compensation they deserve for their injuries and damages.
Determining Negligence in a Lansing Pedestrian Accident
In a Lansing pedestrian accident, negligence is typically established by proving that the at-fault party failed to exercise reasonable care, resulting in harm to the pedestrian. In order to establish negligence, you will have to prove:
Duty of Care: The at-fault party owed a duty of care to the pedestrian. In pedestrian accidents, motorists have a duty to operate their vehicles safely and avoid endangering pedestrians.
Breach of Duty: The at-fault party breached the duty of care by failing to exercise reasonable caution or by engaging in negligent behavior. This could include actions such as speeding, distracted driving, running red lights, or failing to yield to pedestrians in crosswalks.
Causation: The at-fault party's breach of duty directly caused the pedestrian's injuries. It must be shown that the accident and resulting injuries would not have occurred but for the at-fault party's negligence.
Damages: The pedestrian suffered actual harm or damages as a result of the accident. This can include physical injuries, medical expenses, pain and suffering, lost wages, and other economic and non-economic losses.
To establish negligence, evidence such as police reports, witness statements, photographs or videos of the accident scene, medical records, and expert testimony may be used to demonstrate the at-fault party's failure to exercise reasonable care.
Most Common Injuries Following a Pedestrian Accident
Pedestrians involved in accidents with motor vehicles can sustain a wide range of injuries, ranging from minor to severe. Some of the most common pedestrian injuries include:
Broken Bones: Pedestrians often suffer fractures and broken bones, particularly in the legs, arms, wrists, and ankles, when struck by a vehicle or thrown to the ground upon impact.
Head Injuries: Head injuries, including concussions, traumatic brain injuries, and skull fractures, are common in pedestrian accidents, especially when the pedestrian's head strikes the vehicle or the pavement.
Soft Tissue Injuries: Soft tissue injuries such as sprains, strains, bruises, and contusions can occur due to the force of impact or from being thrown or dragged during the accident.
Spinal Cord Injuries: Pedestrians may sustain spinal cord injuries, which can result in paralysis, loss of sensation, and other long-term impairments if the spinal cord is damaged in the accident.
Internal Injuries: Internal injuries, including organ damage, internal bleeding, and abdominal injuries, can occur due to blunt force trauma from the collision.
Road Rash: Pedestrians may suffer road rash, an abrasion or laceration to the skin caused by contact with the pavement during an accident.
These injuries can vary in severity depending on factors such as the speed of the vehicle, the point of impact, and the pedestrian's age and physical condition. The trained legal team at Christopher Trainor & Associates will work hard to accurately prove and quantify all of your injuries after your Lansing pedestrian accident.
Damages Available to Pedestrians Injured in Accidents
Pedestrians injured by negligent drivers may be entitled to various forms of damages to compensate them for their losses and suffering. Although every accident is unique, the most common types of damages are:
Economic Damages
Medical Expenses: Compensation for past and future medical bills related to the pedestrian's injuries, including hospitalization, surgery, medication, rehabilitation, therapy, and assistive devices.
Lost Wages: Reimbursement for income lost due to missed work time during recovery from the accident, including wages, salary, bonuses, and other employment benefits.
Loss of Earning Capacity: Compensation for any reduction in the pedestrian's ability to earn income in the future due to permanent injuries or disabilities caused by the accident.
Property Damage: Reimbursement for the repair or replacement of any personal property damaged in the accident, such as clothing, electronics, or personal belongings.
Non-Economic Damages
Pain and Suffering: Compensation for physical pain, discomfort, and emotional distress experienced as a result of the accident and injuries sustained, including anxiety, depression, and loss of enjoyment of life.
Emotional Distress: Compensation for psychological trauma and mental anguish resulting from the accident, including Post-Traumatic Stress Disorder (PTSD), fear, and grief.
Loss of Consortium: Compensation for the impact of the injuries on the pedestrian's relationships with family members, including loss of companionship, support, and consortium.
The specific amount of damages awarded to a pedestrian injured by a negligent driver depends on factors such as the severity of the injuries, the extent of financial losses, the impact on the pedestrian's life, and the jurisdiction's laws and regulations.
Our diligent Lansing pedestrian accident lawyers will thoroughly assess your case to maximize the damages you may be awarded.
What if the Driver Who Hit Me Was Under the Influence?
If the driver who hit you was under the influence of alcohol or drugs at the time of the Lansing pedestrian accident, it can significantly impact your case. Here are some key points to consider:
Increased Liability: Driving under the influence is a flagrant violation of traffic laws and demonstrates negligence on the part of the driver. As a pedestrian, you have the right to expect that drivers will operate their vehicles safely and soberly. If the driver was intoxicated, they are likely to be held liable for the accident and your injuries.
Criminal Charges: In addition to facing civil liability for your injuries, the intoxicated driver may also face criminal charges for DUI or related offenses. Their criminal charges can strengthen your civil case by providing evidence of their negligence and wrongdoing.
Punitive Damages: In cases involving drunk or drugged driving, courts may award punitive damages in addition to compensatory damages. Although not commonly awarded, punitive damages are intended to punish the defendant for their reckless behavior and deter others from engaging in similar conduct in the future.
Insurance Coverage: If the intoxicated driver has auto insurance, their policy may cover your damages up to the policy limits. However, if their insurance coverage is insufficient to fully compensate you for your injuries, you may be able to pursue additional compensation through other avenues, such as underinsured motorist coverage or a personal injury lawsuit against the driver.
Comparative Negligence: While the intoxicated driver is primarily at fault for the accident, it's essential to consider whether any factors contributed to the accident on your part. For instance, if you were jaywalking or crossing against a signal at the time of the accident, the driver's liability may be reduced based on comparative negligence laws in your state.
If you were hit by a driver who was under the influence, it is essential to work with a skilled Lansing pedestrian accident lawyer from the Law Offices of Christopher Trainor & Associates. We can help you take appropriate legal action to hold them accountable for their actions and seek the compensation you deserve for your injuries and other damages.
Losing a Loved One in a Lansing Pedestrian Accident
Sometimes, the impact of a car, a truck, or even a motorcycle can instantly kill a defenseless pedestrian.
If you have recently lost a beloved family member due to a Lansing pedestrian accident, bear in mind you can file a wrongful death claim. Our caring and unwavering wrongful death lawyers will advocate for your rights in this tragic time, and they will do their best to get you fair compensation for burial costs, medical bills, pain and suffering, and other applicable damages.
How Long Do I Have to File a Claim after my Pedestrian Accident?
The statute of limitations is the deadline by which you must file a lawsuit in court. For Michigan car accident victims, the statute of limitations is generally three years from the date of the accident. This means you have three years from the day the accident occurred to file a lawsuit seeking compensation for your injuries.
If you fail to file your claim before the statute expires, your case will likely be dismissed by the court. If that occurs, you will lose your right to compensation for good.
This is why it is vital to reach out to a Lansing pedestrian accident lawyer to make sure your case gets filed on time and is a solid case with convincing evidence.
Contact a Lansing Pedestrian Accident Lawyer Today
At the Law Offices of Christopher Trainor & Associates, our team of Lansing pedestrian accident lawyers is here to help you pursue justice and ensure full and fair financial compensation for your injuries and other damages. We will handle every aspect of your case, from investigating the cause of the accident to negotiating with insurance companies and, if necessary, representing you in court.
Contact us right away at (248) 886-8650 or via our online contact form to schedule a free case review.
