If you have been injured as a pedestrian in Sterling Heights, you may be entitled to significant compensation. Call the Law Offices of Christopher Trainor & Associates to see how we can help.
Pedestrian accidents often lead to severe and life-threatening injuries due to the sheer force of a vehicle's impact. Victims, unfortunately, have little defense against such collisions, resulting in potentially life-changing physical damage. If a careless driver has harmed you or a loved one, you deserve rightful compensation, and Christopher Trainor & Associates is here to assist.
Our dedicated Sterling Heights pedestrian accident lawyers leverage our extensive legal knowledge and resources to help you pursue compensation through insurance claims or lawsuits following a pedestrian accident. We manage every aspect of your case, allowing you to concentrate on healing or supporting your injured family member.
The Most Dangerous Intersections for Pedestrians in Sterling Heights, Michigan
Van Dyke Avenue and 18 Mile Road: This busy intersection sees a high volume of traffic and frequent pedestrian activity, leading to a higher risk of accidents.
14 Mile Road and Dequindre Road: Another intersection with significant traffic flow and pedestrian movement, making it a hotspot for potential collisions.
Schoenherr Road and Metropolitan Parkway (16 Mile Road): This area is known for its heavy traffic, and the intersection's complexity can be dangerous for pedestrians.
Mound Road and 15 Mile Road: With multiple lanes of traffic and nearby commercial areas, this intersection poses a significant risk to pedestrians.
Ryan Road and 14 Mile Road: The combination of high-speed traffic and pedestrian crossings increases the likelihood of accidents at this intersection.
Hall Road (M-59) and Schoenherr Road: A major thoroughfare with numerous commercial establishments nearby, leading to a high rate of pedestrian traffic and associated risks.
It is important for pedestrians to exercise due caution and for drivers to remain vigilant, especially in these high-risk areas, to reduce the likelihood of accidents. If you've been involved in a pedestrian accident in Sterling Heights, contacting a local personal injury lawyer can help you understand your rights and seek compensation for your injuries.
Michigan Pedestrian Accident Statistics
Unfortunately, Michigan has a concerning record when it comes to pedestrian traffic accidents. The 2021 Year-End Traffic Crash Statistics report from the Michigan State Police indicated that there were 1,790 crashes involving pedestrians in 2021. Of these incidents, 1,573 resulted in injuries, and tragically, 183 pedestrians lost their lives—a 5 percent increase from 2020.
On a national level, pedestrian accidents claimed the lives of an estimated 7,485 people in 2021, marking a 12 percent rise compared to 2020. The Governor's Highway Safety Association noted that this figure is the highest in four decades, averaging about 20 pedestrian deaths per day.
The increasing prevalence of distracted driving due to technologies, text messaging, and smartphone use has heightened the risk for pedestrians. As drivers become more distracted, the danger to pedestrians grows, making vigilance and safety measures more crucial than ever.
How Negligent Drivers Cause Pedestrian Accidents
Negligent drivers contribute significantly to pedestrian accidents in Sterling Heights through various unsafe behaviors. Here are some common ways in which driver negligence leads to these accidents:
Distracted Driving: Drivers who are texting, talking on the phone, adjusting the radio, or using in-car technologies divert their attention from the road, increasing the risk of hitting pedestrians.
Speeding: Excessive speed reduces a driver's reaction time and increases the severity of collisions, making it more likely to cause serious harm or death to pedestrians.
Failure to Yield: Drivers who do not yield the right of way to pedestrians at crosswalks, intersections, and stop signs can cause accidents. This includes making illegal turns or running red lights.
Impaired Driving: Alcohol and drugs impair a driver’s judgment, reaction time, and motor skills, leading to higher chances of accidents involving pedestrians. Out of the 1,053 deadly motor vehicle accidents statewide in 2022, roughly 40% involved drugs or alcohol.
Reckless Driving: Aggressive driving behaviors such as tailgating, weaving through traffic, and ignoring traffic signals put pedestrians at high risk.
Drowsy Driving: Fatigued drivers have slower reaction times and may fall asleep at the wheel, endangering pedestrians crossing streets or walking along roadsides.
Poor Visibility: Drivers who do not use their headlights properly at night or in bad weather conditions may not see pedestrians, leading to accidents.
Ignoring School Zones: Failure to slow down and pay attention in school zones where children are likely to be crossing can result in tragic accidents.
Backing Up: Drivers who do not check their surroundings thoroughly when backing out of driveways or parking spaces can hit pedestrians.
Obstructed Views: Neglecting to ensure clear visibility around the vehicle, such as not removing snow, ice, or dirt from windows, can cause accidents as drivers fail to see pedestrians.
By understanding these behaviors, efforts can be made to educate drivers and enforce laws to reduce pedestrian accidents in Sterling Heights.
How Pedestrian Negligence can Contribute to Accidents
Pedestrian negligence also plays a role in accidents, contributing to dangerous situations on the roads of Sterling Heights. Here are some common ways in which pedestrian behavior can lead to accidents:
Jaywalking: Crossing streets outside of designated crosswalks or intersections increases the likelihood of being struck by a vehicle, as drivers may not expect pedestrians in these areas.
Ignoring Traffic Signals: Pedestrians who cross streets against traffic lights or ignore "Do Not Walk" signals put themselves at risk, as drivers may not have time to stop.
Distracted Walking: Using smartphones, listening to music with headphones, or engaging in other distractions while walking can prevent pedestrians from noticing oncoming traffic or other hazards.
Walking in Unsafe Areas: Walking along highways, roads without sidewalks, or other areas not intended for pedestrian use can be extremely dangerous.
Alcohol and Drug Impairment: Just as impaired driving is dangerous, so is impaired walking. Pedestrians under the influence of alcohol or drugs may have impaired judgment and coordination, increasing the risk of accidents.
Failure to Look Both Ways: Not checking for oncoming traffic before crossing the street can lead to accidents, especially in busy or high-speed areas.
Assuming Right of Way: Pedestrians sometimes assume that drivers will see them and stop, which is not always the case. This can lead to dangerous situations, especially at night or in low-visibility conditions.
Darting into Traffic: Sudden movements into the path of vehicles, such as running across the street unexpectedly, give drivers little to no time to react.
Poor Visibility: Wearing dark clothing at night or in low-light conditions without reflective gear makes it harder for drivers to see pedestrians, increasing the risk of accidents.
Not Using Pedestrian Bridges or Tunnels: Ignoring available pedestrian bridges or tunnels and crossing streets at unsafe points can lead to accidents, particularly in areas with heavy traffic.
By recognizing these behaviors, both pedestrians and drivers can work towards safer practices on the roads. Education and awareness campaigns can help reduce pedestrian negligence and contribute to overall road safety in Sterling Heights.
Can I Collect Compensation if I Was Partially to Blame for My Accident?
Yes, you can still collect compensation if you were partially to blame for your accident in Sterling Heights, Michigan. Michigan follows a comparative negligence rule, which means that your compensation can be reduced based on your percentage of fault. Here's how it works:
Comparative Negligence Rule: Michigan uses a modified comparative negligence rule. Under this rule, you can recover damages as long as you are not more than 50% at fault for the accident. If you are found to be 51% or more at fault, you cannot recover any compensation.
Reduction of Compensation: If you are found to be partially at fault, your compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 30% at fault, your compensation would be reduced by 30%, resulting in a $70,000 award.
Insurance Claims and Settlements: When negotiating with insurance companies, the adjuster will consider your level of fault when determining settlement offers. It's important to have strong evidence and legal representation to minimize the percentage of fault assigned to you.
Court Decisions: If your case goes to court, the judge or jury will determine the percentage of fault for each party involved in the accident. They will then adjust the compensation accordingly based on the comparative negligence rule.
Seeking Legal Help: Given the complexities of comparative negligence and fault determination, it is advisable to seek the assistance of an experienced personal injury lawyer. They can help gather evidence, present a strong case, and negotiate effectively to ensure you receive fair compensation despite any partial fault.
In summary, even if you are partially to blame for your accident in Sterling Heights, you can still collect compensation, though the amount will be adjusted based on your percentage of fault. An experienced lawyer can help you navigate this process and work towards securing the best possible outcome.
Injured Pedestrians and No-Fault Benefits
Yes, as an injured pedestrian in Sterling Heights, Michigan, you are entitled to no-fault benefits. Michigan's no-fault insurance system is designed to provide compensation to all individuals injured in motor vehicle accidents, regardless of who was at fault.
Personal Injury Protection Benefits: Under Michigan's no-fault law, Personal Injury Protection benefits are available to cover medical expenses, wage loss, replacement services, and other related costs for injured pedestrians. These benefits are provided by the no-fault insurance policy of the involved vehicle.
Medical Expenses: PIP benefits will cover all reasonable and necessary medical expenses resulting from the accident. This includes hospital bills, doctor visits, surgeries, rehabilitation, medications, and any other medical treatments required for your injuries.
Wage Loss: If your injuries prevent you from working, PIP benefits will compensate you for lost wages. This typically covers up to 85% of your lost income, subject to certain maximum limits.
Replacement Services: PIP benefits also cover the cost of replacement services, such as household chores and childcare, that you are unable to perform due to your injuries. This compensation is typically limited to a certain amount per day.
Survivor’s Benefits: In the unfortunate event that the pedestrian accident results in a fatality, PIP benefits may provide survivor’s benefits to the deceased’s dependents. This can include compensation for lost wages and replacement services.
Order of Priority: The order of priority for claiming no-fault benefits is as follows:
If you have your own auto insurance policy, you will claim PIP benefits from your insurer.
If you do not have your own policy but reside with a relative who has no-fault insurance, you will claim benefits from their insurer.
If neither you nor any relatives in your household have no-fault coverage, you may claim benefits from the insurer of the vehicle involved in the accident.
If no coverage is available from any of these sources, you can seek benefits from the Michigan Assigned Claims Plan.
Filing a Claim: To receive no-fault benefits, you need to file a claim with the appropriate insurance company promptly. It is crucial to report the accident and your injuries as soon as possible to ensure timely claim processing.
Legal Assistance: Navigating the no-fault benefits system can be complex, especially when dealing with insurance companies. Consulting with an experienced Sterling Heights pedestrian accident lawyer can help ensure that you receive all the benefits to which you are entitled and assist with any disputes that may arise.
In summary, as an injured pedestrian in Sterling Heights, you are entitled to no-fault benefits that cover medical expenses, lost wages, replacement services, and more. It is important to file your claim promptly and seek legal advice to maximize your compensation.
When No-Fault Benefits Do Not Cover All Damages
If no-fault benefits do not cover all your damages after a pedestrian accident in Sterling Heights, you may have additional legal options to seek compensation for your losses. Here are the steps you can take:
Filing a Lawsuit for Excess Damages:
Non-Economic Damages: Michigan's no-fault insurance covers economic damages such as medical expenses and lost wages, but it does not cover non-economic damages like pain and suffering. If your injuries meet the state’s threshold for severity, you can file a lawsuit against the at-fault driver for these non-economic damages.
Threshold for Lawsuit: To sue for non-economic damages, your injuries must meet Michigan’s serious impairment threshold, which generally includes significant disfigurement, serious impairment of a body function, or death.
Excess Medical Expenses:
If your medical expenses exceed the limits of your no-fault PIP benefits, you may be able to sue the at-fault driver for the excess amount. This is particularly relevant if you opted for a no-fault policy with lower medical coverage limits.
Property Damage:
No-fault benefits do not cover property damage to your personal belongings (such as clothing, electronics, etc.) that were damaged in the accident. You can file a claim against the at-fault driver for these property damages.
Third-Party Liability:
In addition to the driver, other parties may be liable for your injuries. For example, if a defective traffic signal contributed to the accident, you might have a claim against a government entity. If a vehicle defect caused the accident, you might have a claim against the vehicle manufacturer.
Uninsured/Underinsured Motorist Coverage:
If the at-fault driver is uninsured or underinsured, you can file a claim with your own insurance company if you have uninsured/underinsured motorist coverage. This coverage can help compensate for your damages when the at-fault driver’s insurance is insufficient.
Legal Assistance:
Consulting with an experienced personal injury lawyer is crucial. A skilled Sterling Heights pedestrian accident lawyer can help you navigate the complexities of filing a lawsuit, proving the severity of your injuries, and identifying all possible sources of compensation.
Steps to Take After a Pedestrian Accident in Sterling Heights
Document Your Injuries and Damages: Keep detailed records of all your medical treatments, expenses, lost wages, and any other damages related to the accident.
Consult a Lawyer: Seek legal advice to understand your rights and the best course of action for your specific situation.
File Claims Promptly: Ensure that all insurance claims and potential lawsuits are filed within the required timeframes. In Michigan, the statute of limitations for personal injury lawsuits is generally three years from the date of the accident.
Example Scenario:
If you were hit by a car while crossing the street and sustained severe injuries, your no-fault insurance might cover your initial medical bills and some lost wages. However, if you suffer long-term disabilities or require extensive ongoing medical treatment that exceeds your policy limits, you would need to pursue additional compensation. This could involve filing a lawsuit against the negligent driver for pain and suffering and any excess medical costs.
In conclusion, if no-fault benefits do not cover all your damages, you have options to seek additional compensation through lawsuits for non-economic damages, excess medical expenses, and property damage claims, among others. Consulting with a skilled Sterling Heights pedestrian accident lawyer can help you effectively navigate these options.
What to Do If You Get Injured by a Hit and Run Driver
If the driver who hit you fled the scene, also known as a hit-and-run accident, there are specific steps you can take to protect your right to compensation, such as:
Immediate Actions
Call the Police:
Report the accident to the police immediately. A police report is crucial for documenting the incident and will be an essential piece of evidence in your claim.
Seek Medical Attention:
Even if you think your injuries are minor, get a medical evaluation as soon as possible. Medical records will be critical for your compensation claim.
Gather Evidence:
Collect as much information as you can at the scene. This includes:
Taking photos of the accident scene, your injuries, and any property damage.
Noting the make, model, color, and any part of the license plate number of the fleeing vehicle if possible.
Getting contact information from any witnesses.
Document Everything:
Keep detailed records of all expenses related to the accident, including medical bills, lost wages, and other out-of-pocket costs.
Legal and Insurance Steps
Notify Your Insurance Company:
Report the hit-and-run accident to your insurance company promptly. Your policy may include uninsured motorist (UM) coverage, which can provide compensation when the at-fault driver cannot be identified or is uninsured.
File an Uninsured Motorist Claim:
If you have UM coverage, you can file a claim under this policy. This coverage can help pay for medical bills, lost wages, and other damages.
Consult with a Lawyer:
Contact a Sterling Heights pedestrian accident lawyer experienced in handling hit-and-run cases. They can guide you through the process, help gather evidence, and represent your interests in dealings with your insurance company or in court.
Long-Term Considerations
Continue Medical Treatment:
Follow through with all recommended medical treatments and keep detailed records of your recovery process.
Stay in Contact with Authorities:
Keep in touch with the police for any updates on the investigation into the hit-and-run driver. If the driver is found, you may be able to file a personal injury lawsuit against them.
Explore Other Compensation Avenues:
Depending on the circumstances, there may be other sources of compensation available. For example, if a defect in a traffic signal or road hazard contributed to the accident, you might have a claim against a government entity.
By following these steps, you can protect your right to compensation even if the driver who hit you fled the scene.
Talk to an Experienced Sterling Heights Pedestrian Accident Lawyer
At the Law Offices of Christopher Trainor & Associates, we stand ready to be your advocates after a pedestrian accident. Our compassionate team of Sterling Heights pedestrian accident lawyers is dedicated to fighting for your rights and pursuing the compensation you rightfully deserve for your injuries and hardships. Recognizing the complexities and challenges you may face, we are committed to guiding you through every aspect of the legal journey. From meticulously investigating the details of your accident to skillfully negotiating with insurance companies and representing your interests in court, we will tirelessly pursue the best possible outcome for your case.
Take the first step towards justice by scheduling a complimentary consultation with us today. You can reach us at (248) 886-8650 or by filling out our online contact form.
