Has an injury from a pedestrian accident caused you financial hardship? The Law Offices of Christopher Trainor & Associates has helped injured victims like you recover compensation.
Unfortunately, pedestrian accidents happen everywhere there are roads with cars on them, even in Livonia. What starts as a casual stroll can lead to a life-altering accident in the blink of an eye.
If you are dealing with a pedestrian collision, you may wonder where to begin to get the help you need as you face mounting medical bills, lost wages, and emotional anguish from the trauma of what you went through. The good news is you’re not alone.
Consult a Livonia pedestrian accident lawyer for support and guidance. If you were hit by a motor vehicle while you were walking, there’s a good chance you could be entitled to compensation for lost income, medical expenses, and injuries. For a free consultation, call 248-886-8650 or send us an email.
A Law Firm That Delivers Results
At the Law Offices of Christopher Trainor & Associates, our clients are our primary priority. Our team of personal injury attorneys has decades of combined experience helping victims of Livonia pedestrian incidents through the difficult aftermath of injury.
Dealing with a reckless motorist or their insurance company who refuses to take accountability is unacceptable. You also shouldn't accept a paltry settlement offer from a cold-hearted insurance provider. Our legal team believes you deserve better.
We have an easy strategy to assist our clients:
Free Consultation: You will have the no-obligation opportunity to discuss your claim with a Livonia personal injury lawyer.
Thorough Investigation: We dive deep into the details of your case, gathering the data necessary to craft a strong argument.
Tenacious Litigation: Our group of personal injury lawyers will work tirelessly to get you the maximum compensation.
We've assisted those injured in pedestrian collisions for decades. We can work together to turn your story of adversity into one of victory. Reach out to us now to schedule your case review with an experienced attorney.
Michigan Laws for Protecting Pedestrians
Michigan law addresses the rights and responsibilities of pedestrians and drivers. These legal protections and obligations can influence the compensation for those injured in pedestrian incidents. Understanding these laws can help you assert and protect your rights.
Drivers and Pedestrians Have Legal Requirements
Motorists must exercise caution to avoid colliding with pedestrians. They should be mindful that passengers usually have the right-of-way, and they should use additional caution to avoid colliding with the pedestrians listed below:
A person who's intoxicated
Confused person
A juvenile
A person with mental impairment
Also, an individual should try to stay out of the way of cars to avoid a collision.
Right-of-Way Laws
Michigan has laws about right-of-ways. Generally speaking, pedestrians have the right-of-way at intersections and crosswalks with signage. However, drivers must also abide by pedestrian laws and traffic signals when strolling along most roads and streets.
Areas Where Pedestrians Are Most at Risk
By being aware of these high-risk areas, everyone's safety can be prioritized. Some locations that are frequently thought to be riskier for pedestrians are as follows:
Neighborhoods with Inadequate Lighting: Insufficient street lighting or dimly lit residential neighborhoods can make it harder for vehicles and pedestrians to see each other, which raises the risk of accidents, especially after dark.
Areas with Few Sidewalks: People may be forced to walk near moving cars in neighborhoods or business districts with no sidewalks or poorly maintained walkways, which raises the possibility of accidents.
High-Traffic Intersections: When crosswalks are poorly designated or signal timing prioritizes vehicle flow over pedestrian safety, walkers may be put in danger at intersections with high vehicle traffic and intricate signal arrangements.
Industrial and Business Zones: There may be high truck traffic, few pedestrian crossings, and poor signage in areas with industrial facilities or sizable business complexes, which poses a risk to pedestrian safety.
Livonia has two of the most dangerous intersections in Wayne County. These include 6 Mile Road at I-96/I-275 and Middle Belt Road at Schoolcraft Road. Many areas in Livonia and across Michigan lack sufficient crosswalks and pedestrian signals, making it dangerous for people to cross streets safely.
Main Causes of Pedestrian Traffic Accidents
Walking from one location to another is more hazardous than most people think. Here are the main causes of pedestrian accidents involving motor vehicles in Livonia and across the United States.
Speeding: In the event of an accident, excessive vehicle speed shortens the driver's reaction time and increases the severity of pedestrian injuries.
Distracted Driving is the practice of drivers paying less attention to pedestrians on or near roads because they are preoccupied with their phones, other passengers, or other distractions.
Pedestrian Right-of-Way Violations: When people cross the road outside of approved crosswalks or in defiance of traffic signals, it can lead to accidents, particularly when oncoming traffic is unaware.
Failing to Yield: Cars must give way to pedestrians when turning or crossing a street.
Pedestrian Distraction: People who are preoccupied with talking on the phone, reading, or engaging in other activities may not be completely aware of their surroundings when walking, which makes them more likely to be involved in accidents.
Impaired Driving: When operating a car, being inebriated or under the influence of drugs impairs judgment, coordination, and response time, increasing the likelihood of pedestrian-vehicle crashes.
Failure to Obey Traffic Signals: Pedestrian-involved accidents can occur when traffic signals, stop signs or pedestrian crossing signs are ignored.
Poor Visibility: It can be challenging for cars to spot pedestrians in low visibility situations caused by bad street illumination or weather conditions like rain, fog, or snow.
Unsafe Infrastructure: Poorly maintained walking paths, badly designated crosswalks, and a lack of sidewalks are examples of inadequate pedestrian infrastructure that can lead to accidents.
Worst Times for Pedestrian Personal Injuries
Like many other places in the state, Livonia has several factors that increase a person's risk of being involved in a pedestrian roadway crash. Let’s look at the hazardous variables based on the 2022 Michigan Traffic Crash Facts.
Month: The highest number of pedestrian-involved crashes occurred in October, totaling 236 incidents.
Day: Saturday was the deadliest day for pedestrians, accounting for 35 pedestrian crashes resulting in fatalities and 36 total pedestrian deaths.
Time of Day: The highest number of pedestrian-involved crashes occurred between 7:00 and 7:59 PM (142 pedestrians). In addition, nighttime raises the risk due to blurred vision and an increased possibility of encountering intoxicated or drugged drivers.
Individual and community efforts must improve pedestrian safety to protect our most vulnerable residents and provide safe streets for everyone. When you stroll through Livonia, consider the safety of any pedestrians that may be nearby.
Common Injuries Resulting from Pedestrian Accidents
Pedestrian traffic incidents often cause serious injuries. Physical stress can take many different forms, from minor bruises and scrapes to illnesses requiring long-term care. The following are typical injuries that victims experience:
Internal Injuries: Car crashes can cause internal bleeding and organ damage. These injuries may not show signs right away following the collision, which is why it is imperative to get medically evaluated immediately, even if you think you feel fine.
Bone Fractures: Broken bones may result from the impact force in pedestrian roadway incidents. Fractures can be treated surgically for complex fractures or mildly, merely requiring a cast.
Spinal Cord Injuries: Damage to the spinal cord can cause partial or complete paralysis, which can have a significant negative influence on a victim's quality of life.
Head Injuries: Pedestrian-vehicle incident victims frequently sustain concussions and other traumatic brain injuries (TBIs). These could affect cognitive function, emotional stability, and memory.
Strains, Sprains, and Tears: Affecting the muscles, tendons, and ligaments are musculoskeletal injuries. They appear minor. On the other hand, they might cause pain and require a lengthy recovery period.
How Can Livonia Residents Stay Safe While Walking?
Michigan implemented Pedestrian Safety Enforcement Week (October 29-November 4). This initiative involves police issuing citations and warnings to motorists and pedestrians who violate safety laws to increase awareness and compliance. We know pedestrian traffic collisions happen year-round, so the following advice below can keep residents safe:
Be Alert in Parking Lots: Watch for cars reversing or changing lanes when strolling through parking lots.
Use Crosswalks or Intersections: Before crossing the street, glance left, right, then left again, even if you have the right of way.
Use Sidewalks: Whenever possible, make use of sidewalks. If a sidewalk is unavailable, make sure you are highly visible to motorists.
Observe Traffic Signals: Only cross at intersections with crosswalks and visible traffic signals. Make eye contact with drivers to ensure they see you before you cross.
Stay Visible: Especially at night or in inclement weather, be sure you are visible to automobiles by wearing bright or reflective clothing.
Teach Children Road Safety: Talk to them about using crosswalks, looking both ways before crossing, and never running into the street.
Implementing these safety precautions is the first step toward prevention. The Livonia City Council has approved infrastructure projects to enhance walkability, including new asphalt road programs and improved sidewalk requirements, reflecting a commitment to a pedestrian-friendly environment.
Steps to Take After a Pedestrian Collision in Livonia
Assume a group of friends are walking through downtown Livonia. A distracted driver hits them as they cross the street. What takes place after that? Usually, you have to report the occurrence to your insurance carrier and the Livonia Police Department. The general steps to take are as follows:
Ensure Safety: Put your own and everyone else's safety first. Dial 911 right away to get medical help and other first responders on the scene immediately.
Contact Law Enforcement: Report what happened to the responding police officers. Describe the incident's location, any injuries received, and the cars involved.
Information Exchange: Provide the driver(s) involved in the collision with your contact and insurance information. Get their names, contact information (phone or email), address, driver's license number, car registration, and insurance details.
Take Photos of the Area: Take pictures of the accident site that show the vehicles' placements, the state of the streets, and any pertinent signs or signals. Take note of the date, time, and weather.
Get Witness Information: If there are any witnesses to the accident, get their contact details. Their testimonies could be helpful in court cases or insurance claims.
See a Doctor: Get checked out immediately, even if you don't feel badly hurt. While some injuries may not initially have symptoms, they could worsen over time if left untreated.
Notify Your Insurance Company: Report the accident to your auto insurance company. Give them all the pertinent information, including the police report number, if one has been submitted.
Follow Up: Follow any guidance from law enforcement, insurance providers, or medical experts. Keep track of all medical treatments, expenses, and correspondence about the mishap.
Consider contacting a Livonia personal injury attorney if you require assistance or clarity on any steps. They can provide legal counsel on the best approach to resolving your dispute.
Michigan No-Fault Benefits
If a pedestrian is injured in an auto accident, the insurance of a household member or individual motorists' policies will generally cover the pedestrian’s medical bills. Michigan’s no-fault insurance system provides this coverage regardless of fault.
A pedestrian may alternatively qualify for no-fault benefits under the Michigan Assigned Claims Plan (MACP) even if they do not have motor insurance or if they reside with a relative who does. For people hurt in auto accidents who do not have access to no-fault insurance through their policy or a relative's policy, the MACP offers coverage for medical costs, lost wages, and other benefits.
Nevertheless, getting pain and suffering compensation under the no-fault system can be difficult. To learn more about their rights and alternatives, speak with a Livonia car accident lawyer who's familiar with Michigan's no-fault legislation is best.
The Impact of Michigan Law on Your Personal Injury Case
Driver-pedestrian laws affect pedestrian incident case outcomes. For example, if a driver violates a right-of-way law, the injured pedestrian may be compensated for serious injuries, lost wages, and pain and suffering due to that driver’s breach of their duty of care to adhere to all traffic laws to keep those around them safe.
Comparative Negligence
What occurs if the pedestrian contributes to the cause of the collision? The applicable comparative fault rule is found in Michigan Comp Laws Section 600.2959. Any compensation granted to the victim will be lowered in proportion to their level of fault if the rule is followed.
Comparative fault is a legal doctrine that states several persons may be accountable for the same accident. Another name for the concept is the 50% Bar Rule.
Even if an injury victim has some degree of responsibility for the accident, they are still legally entitled to seek some amount of compensation as long as they are not more than 50% responsible. In that case, the compensation for the injured person will be reduced based on their degree of fault. Pedestrians are not eligible for compensation if they bear more than 50% of the blame for the incident.
An Example of Shared Fault
Pedestrians bear 10% of the blame for collisions when crossing the road outside an authorized crosswalk. Because the driver was speeding, the driver is 90% at fault. The pedestrian’s share of the fault would reduce their own compensation. If the damages reach $100,000, they will receive $90,000 since they are 10% responsible.
Understanding comparative fault can be beneficial for Livonia pedestrian street accident victims. It highlights the importance of Livonia personal injury lawyers who can file claims, identify at-fault parties, and seek fair compensation.
The Statute of Limitations
State law establishes a deadline for filing personal injury claims (Mich. Comp. Laws Section 600.5805). Among these claims are those involving pedestrian-related crashes. Starting on the date of the accident, you have three years to file your claim. If you attempt to file after the three-year mark, your case will be dismissed.
There are some exceptions to the three-year rule, so it’s best to consult a Livonia pedestrian accident lawyer to determine the statute of limitations for your specific case.
How Liability is Determined in Livonia Pedestrian Accidents
To be eligible for just compensation, you must demonstrate that at least one party was negligent in some manner. For a Livonia personal injury case to be successful, the concept of fault is essential. Livonia car accident lawyers who understand pedestrian street accidents can conduct inquiries and compile data to build a compelling case. Here are other ways legal representation helps victims:
Assess Your Situation
A thorough investigation is required to determine who is at fault in a pedestrian collision. This could include:
Review Police records: Police records often contain an officer's assessment of the collision, which can be utilized to identify the at-fault party.
Review of Surveillance Video: If the incident was captured on camera by security systems, this video could be very important in determining the culprit.
Analysis of Eyewitness Accounts: Specifics from eyewitness accounts offer an in-depth picture of the events leading up to the disaster.
Accident Reconstruction: Using the information at hand, experts may sometimes reconstruct the occurrence to ascertain how it occurred.
Evidence Collection
Several pieces of evidence are used for assessing fault:
Medical records document injuries sustained and can be utilized to link them to the event.
Scene photos: These can show the condition of the roads, traffic patterns, and the whereabouts of the vehicles and people at the time of the collision.
Auto Damage: The extent and location of the vehicle's damage can provide information about the accident's circumstances and the impact site.
A personal injury law firm with an experienced legal team can handle the investigation, gather evidence, and represent you from start to finish. Establishing liability significantly increases your chances of receiving full compensation.
Factors Affecting the Amount of Compensation You Can Claim
Complex calculations may be required to determine compensation for personal injury claims. Both the victim's tangible and intangible losses must be considered. An attorney evaluates numerous factors to determine fair compensation for each unique situation.
The following factors influence the value of a claim involving a pedestrian traffic accident:
Medical Bills: This includes the cost of initial and ongoing medical treatment, surgery, prescription medications, physical therapy, and any specialized equipment needed for healing.
Lost Wages: Compensation for time missed from work due to an injury. The inability of the victim to return to the same or comparable work is likewise regarded as a loss of earning potential.
Pain, Suffering and Mental Anguish: Unlike medical costs or lost wages, these issues are subjective and include the victim's physical and emotional suffering. This includes emotions of depression and anxiety, a lower quality of life, and the consequences of any long-term disabilities or deformities.
Additional Damages: Depending on the circumstances of the case, the victim may also be entitled to reimbursement for costs associated with changing their way of life, such as making house modifications more accessible.
How a Livonia Pedestrian Accident Lawyer Will Help
Seek a Livonia personal injury attorney with a lot of experience, particularly in cases involving injured pedestrians, because evaluating a claim's merits can be complicated. An experienced attorney can:
Examine every aspect of your case to ensure that all potential sources of compensation are considered.
Analyze Michigan's no-fault insurance laws to find all advantages and funding sources that are accessible.
Insurance companies often strive to reduce claims, so speak up for yourself while negotiating.
Determine your losses. Achieving justice requires more than just holding careless drivers accountable. The best outcome includes having funds available to support victims of pedestrian-vehicle incidents as they adjust to their new circumstances.
Christopher Trainor & Associates: The Smart Choice
Our legal staff has years of combined experience, making us the best choice to represent you in your pedestrian accident case. Each client we take on receives robust legal representation and a personalized legal plan. Justice for our clients is the top priority for us.
With a stellar track record, The Law Offices of Christopher Trainor & Associates has secured verdicts and settlements totaling over $250 million. This accomplishment is a testament to our legal team's skill, diligence, and dedication.
Don't just believe what we say. The testimonials from our clients' successes speak for themselves. These real-life stories reveal our firm's empathy, diligence, and advocacy for our clients.
