AAA is Warning Michigan Drivers: More Pedestrians Are Coming. Slow Down Before Someone Gets Hurt.
With warmer weather arriving across Michigan, AAA is urging drivers to adjust. Pedestrian traffic spikes every spring, and so do pedestrian deaths. National data shows the problem has been getting worse for a decade. Michigan law already requires drivers to yield. The question is whether they do.
Every spring, Michigan changes. The sidewalks fill back up. Kids walk to school without a bus. Runners and cyclists reclaim the roads. Neighbors who spent the winter inside start walking to the corner store again.
That is the Michigan most people know and love. But it comes with a risk that quietly builds every year. AAA is drawing attention to it now, at the start of the season when it matters most.
| What are pedestrians' legal rights in Michigan if they are hit by a car? |
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| A pedestrian struck by a motor vehicle in Michigan is entitled to Personal Injury Protection (PIP) benefits under the Michigan No-Fault Act (MCL 500.3101), covering medical expenses, lost wages, and replacement services regardless of fault. These benefits come from the insurer of the vehicle that struck the pedestrian. Beyond PIP, if the injuries constitute a serious impairment of body function under MCL 500.3135, the pedestrian can bring a third-party tort claim against the driver for pain and suffering, permanent impairment, and full economic losses. Michigan drivers owe all pedestrians a duty of care under MCL 257.628, and must yield to pedestrians in crosswalks under MCL 257.612. Violation of either statute is direct evidence of negligence in a civil claim. |
AAA issued a pedestrian safety warning this week as warmer temperatures return across the state, urging Michigan drivers to increase awareness and reduce speed in areas where pedestrian traffic is picking up. The message is timely.
Pedestrian fatalities in the United States have risen more than 80% over the past decade.
The people walking are not safer. The streets are not safer. And spring is when the exposure climbs sharply.
People are hit and killed on Michigan roads by drivers who were not paying attention, traveling too fast, or simply did not yield when the law required it. If it has happened to you or someone in your family, the law has something to say about that, and the Michigan Legal Center can help.
The Numbers Behind the Warning
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| Pedestrian deaths have surged nationally over the past decade, with spring and summer accounting for a disproportionate share. Michigan consistently ranks among the states where pedestrian fatalities are a documented concern, particularly in urban corridors and mixed-use neighborhoods. |
According to the National Highway Traffic Safety Administration, 7,522 pedestrians were killed in traffic crashes in the United States in 2023. That is the highest number recorded in more than 40 years. It represents an increase of more than 80 percent from where the number stood a decade prior.
The Governors Highway Safety Association tracks pedestrian fatality trends by state. Michigan's pedestrian crash data, compiled annually by the Michigan State Police and available through the Michigan Traffic Crash Facts portal, consistently shows that pedestrian crashes are concentrated in urban and suburban corridors, during late afternoon and evening hours, and disproportionately at locations where drivers are distracted or traveling above posted speeds.
What the data also shows is the seasonal pattern AAA is specifically addressing right now. Pedestrian exposure drops sharply in winter. It climbs in March. By May, it is at its peak. The window between now and Memorial Day is when the risk gradient is steepest, because driver habits have not caught up with the reality that the streets are full again.
When Michigan Pedestrians Are at Greatest Risk
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| Dawn, dusk, and evening hours account for the majority of pedestrian fatalities. Distracted driving, speeding, and failure to yield at crosswalks are the three leading contributing factors in pedestrian crashes. Spring amplifies all three. |
Most people imagine pedestrian crashes happening at night in poorly lit areas. The data is more complicated than that, and more unnerving.
NHTSA data shows that while a majority of pedestrian deaths do occur in darkness, a significant portion happen in full daylight. The AAA Foundation for Traffic Safety has identified the following as the highest-risk conditions for pedestrian crashes:
- Dawn and dusk: Low-angle sun creates visual blind spots for drivers that are among the most hazardous conditions on any road. Spring and fall, when the sun sits low at commute times, compound this risk.
- Urban intersections and mid-block crossings: The vast majority of fatal pedestrian crashes occur on non-highway roads, at intersections or where pedestrians cross outside marked crosswalks.
- Residential neighborhoods with speed limits of 25 to 35 mph: Drivers traveling at 30 mph who strike a pedestrian are twice as likely to kill them compared to drivers traveling at 20 mph. The difference between life and death is often 10 miles per hour.
- Near schools, parks, and commercial areas: Exactly the corridors where Michigan pedestrian traffic concentrates in spring and summer.
- Distracted drivers: The AAA Foundation's research found that a driver looking at a phone for just two seconds doubles their crash risk. At 30 mph, a two-second distraction covers 88 feet of road.
Speed kills pedestrians specifically. A driver traveling 40 mph who strikes a pedestrian has roughly a 50% chance of killing them. At 20 mph, that probability drops to less than 10%. Every mile per hour matters.
What Michigan Law Actually Requires of Drivers Around Pedestrians
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| Michigan law gives pedestrians the right of way at crosswalks and requires drivers to exercise due care to avoid striking anyone on foot. When a driver fails to do that and someone gets hurt, that failure is negligence. Full stop. |
Michigan's pedestrian protection laws are clear. Under MCL 257.612, drivers approaching a marked or unmarked crosswalk must yield the right of way to pedestrians who have entered or are entering the roadway within the lane the driver is using or approaching.
Under MCL 257.628, Michigan law requires every driver to exercise due care to avoid colliding with any pedestrian on any roadway, and to give warning by sounding the horn when necessary. This duty applies everywhere, not just at marked crosswalks.
These are not suggestions. They are legal obligations. When a driver violates those obligations and a pedestrian is injured, that violation is direct evidence of negligence in a civil lawsuit.
Michigan's No-Fault Act, MCL 500.3101 et seq., provides Personal Injury Protection (PIP) benefits to pedestrians struck by motor vehicles, covering medical expenses, lost wages, and replacement services regardless of fault. But PIP is a floor, not a ceiling. For pain and suffering, permanent impairment, and the full scope of a pedestrian's losses, the path is a third-party tort claim against the driver whose carelessness caused the crash. We explain the difference here.
To pursue those damages, the injury must meet the "serious impairment of body function" threshold under MCL 500.3135. When a driver strikes a pedestrian at any meaningful speed, that threshold is almost always met. Broken bones, head injuries, soft tissue damage requiring surgery, and any injury affecting a person's ability to perform their normal daily activities all qualify.
If You or Someone You Know Was Struck by a Car While Walking in Michigan
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| Pedestrian crash victims in Michigan have two parallel legal paths: No-Fault PIP benefits through the at-fault driver's insurer (or their own insurance policy if they have one), and a third-party tort claim against the driver for pain, suffering, and full damages. Both can run simultaneously. Neither should wait. |
Being hit by a car on foot is one of the most traumatic things that can happen to a person. The injuries tend to be severe. The financial disruption tends to be immediate. And the insurance company representing the driver that hit you tends to start working the case before you are even out of the hospital.
Here is what matters in the first days and weeks after a pedestrian crash:
- Get full medical documentation. Every injury, every treatment, every follow-up. The gap between your injury and your documentation is the gap the insurance company will try to exploit.
- Report the crash to police. A police report creates an official record of what happened, who was involved, and what initial findings were made. If one was not filed at the scene, file one as soon as possible.
- Identify witnesses. Bystanders, nearby businesses with surveillance cameras, dashcam footage from other vehicles. Evidence of what the driver was doing before impact can be critical.
- Do not give a recorded statement to the driver's insurance company without speaking to an attorney first. They will use anything you say to minimize your claim.
- Understand your No-Fault rights. As a pedestrian, you are entitled to PIP benefits from the insurer of the vehicle that struck you, even if you do not own a car or carry auto insurance yourself, under certain conditions. The Michigan Legal Center can help identify the correct policy to claim against.
- Contact an attorney before the evidence disappears. Drivers' cell phone records, traffic camera footage, and vehicle data recorder information can all be preserved with a timely legal hold letter. That window closes fast.
What AAA Wants Drivers to Do Differently This Spring
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| AAA's spring pedestrian safety campaign focuses on three driver behaviors: slowing down in pedestrian-heavy areas, eliminating distractions at the wheel, and yielding to pedestrians even when drivers have the technical right of way. These are legal minimums. Ignoring them is negligence. |
AAA's warning to drivers this spring is practical and specific. It is also, from a legal standpoint, a useful articulation of what the standard of care looks like on Michigan roads.
Among the behaviors AAA urges drivers to adopt as pedestrian traffic rises, per their spring safety guidance and AAA Michigan's road safety resources:
- Slow down in residential neighborhoods, near schools, parks, and retail corridors where pedestrian density is highest in spring and summer.
- Look beyond the crosswalk. Pedestrians do not always cross at marked crosswalks. Michigan law requires due care everywhere, not just where the painted lines are.
- Eliminate in-vehicle distractions before entering areas with high pedestrian traffic. A phone face-down in a cupholder is not enough. The distraction window between glancing at a screen and returning full attention to the road is measurably dangerous.
- Adjust speed at dawn and dusk, when low-angle sun creates temporary visibility blind spots that eliminate a driver's ability to see pedestrians crossing directly ahead.
- Yield the full crosswalk. Michigan law requires yielding until the pedestrian has completely cleared the lane the driver is entering, not just until they are halfway across.
These are not suggestions from a safety organization. They are the legal minimum standard of care for every Michigan driver. When a driver ignores them and a pedestrian is hurt, the violation of those standards is the foundation of a negligence claim.
If a Driver's Carelessness Put You on the Ground, You Do Not Have to Face What Comes Next Alone
We are the Michigan Legal Center, Law Offices of Christopher Trainor & Associates. We represent pedestrians struck by careless drivers across Oakland, Macomb, Wayne, and Washtenaw counties and throughout the entire state of Michigan. Your location is not a barrier. We come to you no matter where you are: your home, the hospital, the side of the road. We are there when you need us most.
Pedestrian crash cases are not complicated to understand. Someone had a legal duty to watch for you. They failed that duty. You got hurt. The question is whether the insurance company representing that driver is going to treat your injuries and your losses honestly. In our experience, the answer is rarely yes without someone pushing back on your behalf.
We have recovered more than $300 million for Michigan clients. Not because we make promises. Because we know Michigan No-Fault law, we know how insurers work, and we know what it takes to hold a careless driver accountable for the damage they caused.
If you were struck by a vehicle while walking, or if someone in your family was, call Christopher Trainor at (248) 886-8650. Or visit michiganlegalcenter.com. We will tell you honestly what your case looks like and what you are actually entitled to pursue.
No jargon. No pressure. Just answers.
Frequently Asked Questions
Does Michigan No-Fault insurance cover pedestrians who are hit by cars?
Yes, with important nuances. Under Michigan's No-Fault Act (MCL 500.3101), a pedestrian struck by a motor vehicle is entitled to PIP benefits from the insurer of the vehicle that struck them. If that vehicle is uninsured or flees the scene, the pedestrian may be able to claim PIP benefits through their own auto insurance policy (if they have one), a resident relative's policy, or the Michigan Assigned Claims Plan. An attorney can identify the correct source of coverage quickly.
Can I sue the driver even if I wasn't in the crosswalk?
Yes. Michigan law imposes a duty of care on drivers toward all pedestrians on all roadways, under MCL 257.628. Crossing outside a marked crosswalk may affect how comparative fault is analyzed, but it does not eliminate the driver's duty to exercise due care or your right to pursue a claim. Michigan uses a modified comparative fault standard: you can recover as long as you were not more than 50 percent at fault for the crash.
What if the driver who hit me doesn't have insurance?
Michigan's Assigned Claims Plan exists specifically to provide PIP benefits to pedestrians and others injured in crashes involving uninsured vehicles. You are not left without options simply because the driver who hit you was uninsured. Beyond PIP, your own uninsured motorist coverage, if you carry it, may provide additional compensation for your pain and suffering. An attorney can evaluate all available coverage sources.
The driver who hit me says I walked out in front of them without warning. Does that hurt my case?
That is a common defense, and it is rarely the end of the conversation. Whether it affects your recovery depends on the specific facts: where you were walking, whether the driver had adequate time and distance to see you, what speed they were traveling, whether they were distracted, and a number of other factors. Michigan's comparative fault framework means that even if you bear some share of responsibility, you can still recover compensation proportional to the driver's fault. Do not assume their version of events is the legal conclusion.
How long do I have to file a claim after being hit by a car in Michigan?
Michigan's general personal injury statute of limitations is three years from the date of injury under MCL 600.5805. However, No-Fault PIP benefits claims have shorter notice requirements, and certain defendants (such as municipalities, if a government vehicle was involved) require even earlier notice. The three-year window is not a reason to wait. Evidence fades, witnesses become harder to locate, and the driver's insurer is already building its case.
What damages can a pedestrian recover in Michigan after being struck by a car?
No-Fault PIP benefits cover medical expenses, up to 85 percent of lost wages for up to three years, and replacement services for tasks the injured person can no longer perform. Beyond PIP, a third-party tort claim against the driver can recover compensation for pain and suffering, permanent impairment or disfigurement, excess economic losses, and in cases of particularly egregious conduct, potentially punitive-style damages. The full scope of recovery depends on the severity of the injuries and the specific facts of the crash.
Sources and Further Reading
- WILX News 10, April 1, 2026: AAA urges caution as pedestrian traffic rises in warmer months
- NHTSA Pedestrian Safety, Traffic Safety Facts 2023: nhtsa.gov/road-safety/pedestrian-safety
- AAA Foundation for Traffic Safety, Pedestrian Safety Research: aaafoundation.org
- Governors Highway Safety Association, Pedestrian Traffic Fatalities by State: ghsa.org
- Michigan Traffic Crash Facts Portal: michigantrafficcrashfacts.org
- Michigan Legislature, MCL 257.612 (Pedestrian Right of Way at Crosswalks): legislature.mi.gov
- Michigan Legislature, MCL 257.628 (Duty of Care Toward Pedestrians): legislature.mi.gov
- Michigan Legislature, MCL 500.3101 (No-Fault Act): legislature.mi.gov
- Michigan Legislature, MCL 500.3135 (Serious Impairment Threshold): legislature.mi.gov
- Michigan Assigned Claims Plan: michiganacp.org
Legal Disclaimer: The news content published on this site is provided for informational purposes only. It does not constitute legal advice, and reading it does not create an attorney-client relationship between you and the Michigan Legal Center, Law Offices of Christopher Trainor & Associates, or any of its attorneys.
Every legal situation is different. The facts of a specific case, the applicable law, and the outcome that may be available to you depend on circumstances unique to your situation. Nothing on this page should be relied upon as a substitute for a direct consultation with a licensed Michigan attorney.
If you were injured, lost a family member, or believe your rights were violated, the only way to know what you are actually entitled to is to talk to someone who can review your specific facts. We offer free consultations. We will tell you honestly what we think, not what you want to hear.
The Michigan Legal Center is a law firm licensed to practice in the State of Michigan. Christopher Trainor & Associates maintains offices in White Lake Township, Michigan, and serves clients throughout the state. Past results described on this site, including verdicts and settlements, are specific to the facts and circumstances of those individual cases. They are not a guarantee of what your case will produce.