White Lake Pedestrian Accident Attorney

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.

A simple walk in White Lake may seem completely harmless, but unfortunately, it can turn into a tragic situation in the blink of an eye. Out of nowhere, someone gets struck by a car as they cross an interaction. It turns out that the driver was looking at their phone at the moment of impact. Now, the pedestrian suffers from multiple injuries. They don't know if they'll walk again or return to work. Just the thought of walking near a vehicle triggers a panic attack. Plus, their financial future is in the balance. This is an unfortunate scenario that happens multiple times every year in Michigan and across the United States.

If you were involved in a similar incident, you may ask: What do I do now? After a pedestrian accident, talk to a White Lake pedestrian accident lawyer about your case. We can bring much-needed stability to this chaotic life event. Call us at 248-886-8650 or email us for a free consultation.

We Deliver Aggressive Legal Representation

Clients are our top priority at the Law Offices of Christopher Trainor & Associates. Our team of lawyers has decades of experience guiding White Lake residents and folks all over Michigan through these incredibly challenging times in their lives. As a pedestrian accident victim, you shouldn't have to put up with a cold-hearted insurance company pressuring you to accept a low-ball offer—or a negligent driver who refuses to take responsibility for their actions. Our law firm believes you deserve better.

Our approach is clear and straightforward:

• Free Consultation: An attorney talks with you about your case without any obligations.
• Thorough Investigation: We dive into the details of your accident, gathering the evidence needed to build a powerful case.
• Fierce Advocacy: You get a team of fighters who will work to get you maximum compensation.

We've helped pedestrian accident victims like you bounce back after being dealt a bad hand. Schedule a free consultation. Together, we can turn your story of adversity into one of resilience, recovery, and victory.

High-Risk Groups and Times

In White Lake, as in many parts of the country, certain factors increase an individual's risk of being involved in a pedestrian accident. Let's take a look at the high-risk factors.

• Age: Children and older people are particularly vulnerable to pedestrian accidents. Children may lack the experience or judgment to navigate traffic safely, while older adults may face mobility or cognitive limitations that increase their risk.
• Time of Day: When visibility is lower, the risk of pedestrian accidents increases during dusk and dawn. Additionally, nighttime poses a higher risk due to reduced visibility and the increased likelihood of encountering drivers under the influence of alcohol or drugs.

Community and individual efforts to promote pedestrian safety are essential to protecting our most vulnerable residents and ensuring safe streets for everyone. If you have children or elderly people around you when you are walking along the streets of White Lake, take care to help make sure they stay safe.

Common Places Where Pedestrian Accidents Happen

Pedestrian accidents frequently occur in areas where foot traffic intersects with motor vehicles. Knowledge of these high-risk zones can enhance safety for everyone.

Dangerous Areas for Pedestrian Accidents

• Urban Intersections: Busy city intersections are hotspots for pedestrian accidents. The complexity of traffic signals and the volume of vehicles and pedestrians increases the risk of collisions.
• Parking Lots and Garages: These areas, often overlooked in safety discussions, pose significant risks due to low-speed vehicle movements and limited visibility.
• School Zones and Residential Areas: Children are particularly vulnerable, making school zones and residential neighborhoods where kids play or commute on foot high-risk areas.
• Bus Stops and Public Transit Hubs: Locations where pedestrians congregate to catch public transportation witness frequent accidents, often due to jaywalking or vehicles not yielding.

Tips for Pedestrian Safety

Based on the typical locations of pedestrian accidents in White Lake, here are some safety tips:

• Stay Visible: Wear bright or reflective clothing, especially at night or in poor weather conditions, to ensure drivers can see you.
• Follow Traffic Signals: Cross only on designated signals and crosswalks at intersections. Make eye contact with drivers to ensure they see you before you cross.
• Be Alert in Parking Areas: When walking on parking lots, watch for reversing vehicles and those cutting across lanes.
• Teach Children Road Safety: Educate children on the importance of using crosswalks, looking both ways before crossing, and never running into the street.
• Use Public Transit Areas Wisely: Wait for buses or trains in designated areas, avoid distractions, and cross at marked crossings where available.
• Use Sidewalks: Whenever possible, walk on sidewalks. If a sidewalk is unavailable, walk facing traffic as far to the left as possible.
• Cross Safely: Always cross streets at crosswalks or intersections, where drivers expect pedestrians. Look left, right, then left again before crossing, even if you have the right of way.

Applying these safety tips is the first step toward prevention. By remaining vigilant, pedestrians can reduce their risk of being involved in an automobile accident.

The Most Common Causes of Pedestrian Accidents in Michigan

Pedestrian accidents in White Lake often result from a combination of factors. The following is a list of causes that pose the greatest threat to the safety of individuals walking to their destinations.

Distracted Driving

Distracted drivers pose a serious hazard to pedestrians. The activities most likely to divert a driver's attention from the road include the following:

• Talking or texting on a smartphone
• Eating and drinking
• Talking to people in the vehicle
• Changing radio settings

Distracted driving reduces drivers' awareness of their surroundings, including pedestrian movements, leading to potentially fatal accidents.

Failure to Yield

Michigan law requires drivers to give pedestrians the right of way within any marked crosswalk or intersection with a walk signal. Ignoring these rules can lead to severe collisions with pedestrians, who have very little protection against the force of a vehicle.

Speeding

Speeding reduces a driver's ability to stop or slow down when approaching a pedestrian. Higher vehicle acceleration increases the likelihood of a pedestrian accident and severe injuries.

Most Common Injuries Related to Michigan Pedestrian Accidents

Pedestrian accidents in White Lake often result in catastrophic injuries. The physical trauma varies from minor scrapes and bruises to life-altering conditions requiring long-term care. Here are injuries victims frequently sustained:

• Soft Tissue Injuries: These include sprains, strains, and tears to muscles, tendons, and ligaments. While they might not seem severe, they can cause significant pain and require extended periods to heal fully.
• Bone Fractures: Broken bones occur in pedestrian accidents due to the force of impact. Fractures can range from simple, requiring a cast, to complex, necessitating surgical intervention.
• Head Injuries: Traumatic brain injuries (TBIs), including concussions, are prevalent among pedestrian accident victims. These can affect cognitive function, memory, and emotional well-being.
• Spinal Cord Injuries: Damage to the spinal cord can lead to partial or complete paralysis, significantly impacting a victim's quality of life.
• Internal Injuries: The force of being hit by a vehicle can cause internal bleeding and damage to organs. This bodily harm may not show immediate symptoms post-accident.

Michigan Laws Regarding Pedestrian Accidents

Michigan takes into account the rights of pedestrians and motorists. Both groups have protections under the law as well as duties to fulfill. Additionally, these legalities can impact the claims and compensation for individuals involved in a pedestrian accident. Knowing this information can help you understand your rights.

Right-of-Way Laws

Michigan has right-of-way rules (Mich. Comp. Laws Section 257.649). Generally, pedestrians have the right-of-way at marked crosswalks and intersections. However, someone walking must also adhere to traffic signals and rules regarding walking along road ways.

Legal Duties of Drivers and Pedestrians

Michigan drivers must exercise due care to avoid colliding with pedestrians. They must recognize that passengers often have the right-of-way, and they should also exercise proper precaution when observing the following types of pedestrians:

• A child
• Confused person
• Incapacitated person
• Intoxicated person

Likewise, pedestrians should avoid at all costs walking into the path of a vehicle that makes it impossible for the driver to yield.

How the Law Impacts Claims and Compensation

The laws governing right-of-way and driver-pedestrian duties influence the outcome of pedestrian accident claims. The pedestrian may be entitled to compensation if a motorist violates right-of-way laws. These payments cover injuries, lost wages, and pain and suffering.

What if the pedestrian contributed to the accident? In that case, Michigan's comparative fault rule comes into play (Mich. Comp. Laws Section 600.2959). When the rule is applied, the victim's compensation, if they are able to get any, gets reduced according to their degree of fault.

Statute of Limitations for Michigan Pedestrian Accidents

The state's statute sets a timeline for filing personal injury claims (Mich. Comp. Laws Section 600.5805). These claims include those involving pedestrian accidents. The amount of time you have is three years, starting on the accident date.

By law, you will likely lose your right to seek damages if you miss the deadline. The three-year period seems like a long time, but it’s important to seek legal representation long before the deadline when possible. Evidence tends to disappear quickly, so the sooner you can get someone investigating your case, the better. The memories of witnesses fade, and traffic cam footage often gets deleted within just a few days.

A knowledgeable attorney can take the lead in your legal proceedings. They can gather all the necessary documentation. Additionally, they'll ensure your claim is filed within the appropriate timeframe. You stand a much better chance of getting a fair outcome for your claim if you have competent legal representation working for you.

How Fault Is Determined in White Lake Pedestrian Accidents

In order to receive fair compensation, you must be able to establish that at least one party acted negligently in some way. A successful claim hinges on the concept of fault. A pedestrian accident lawyer will investigate and collect evidence to build a solid case.

Investigation

The process of determining fault in a pedestrian accident involves a rigorous investigation. This may include:

• Review of Police Reports: Police reports often contain an officer's assessment of the accident, which can help establish fault.
• Examination of Witness Statements: Witnesses to the accident can provide details that paint a clear picture of the events leading up to the accident.
• Analysis of Surveillance Footage: If the incident was captured on surveillance cameras, this footage could be instrumental in determining fault.
• Accident Reconstruction: In some cases, experts may reconstruct the accident based on the evidence to understand how the incident occurred.

Evidence Collection

Several pieces of evidence are considered when determining fault:

• Photos of the Scene: Photos can show road conditions, traffic signals, and the positions of the pedestrian and vehicle at the time of the accident.
• Medical Records document the injuries sustained and can help link them to the accident.
• Vehicle Damage: The extent and location of the damage on the vehicle can indicate the point of impact and the circumstances of the accident.

Why Establishing Fault Matters

The role of fault is important for several reasons:

• Liability: Determining which party is at fault helps establish liability for the incident. The liable party is legally responsible for the damages incurred.
• Compensation: Fault directly impacts the compensation you may receive. Michigan's comparative fault law means that compensation can be reduced by your percentage of fault in the accident.
• Legal Strategy: Fault guides your attorney's legal strategy. What they discover determines whether to negotiate a settlement or proceed to trial.

Fault determination requires in-depth legal knowledge. A seasoned legal team can manage the investigation, gather evidence, and serve as your advocate. Once fault is established, you have a better chance of receiving full compensation.

A Closer Look at Comparative Fault in Pedestrian Accident Cases

Michigan operates under a modified comparative fault system. This legal principle means more than one party can share fault in an accident. The concept is also known as the 50% Bar Rule (Mich. Comp. Laws Section 600.2959).

The rule allows injury victims to seek compensation even if they contributed to the accident. The caveat is their fault must be less than 50%. If this is the case, the payout awarded to the injured party will be reduced based on their degree of fault. Injured pedestrians can't recover damages if they are more than 50% responsible for the incident.

An example of Shared Fault

• A pedestrian is 10% at fault for an accident because they were not crossing at a designated crosswalk. In turn, the driver is 90% at fault because they were speeding. Their share of the fault would reduce the pedestrian's compensation. If the total damages is equal to $100,000, they'll receive $90,000.

Those injured in White Lake pedestrian accidents can benefit from knowing how comparative fault works. It underscores the need to secure experienced legal representation to file a claim, determine fault, and fight for fair compensation.

No-Fault Benefits for Injured Pedestrians

Michigan has a no-fault insurance system. The program provides comprehensive coverage for medical expenses, missed earnings, and other necessary services following an auto accident. The policy pays out regardless of who is at fault. This system extends benefits to pedestrians injured in motor vehicle accidents. The claim is typically made through the insurance policy of the driver involved in the accident.

Types of Benefits Available

The no-fault insurance benefits available to injured pedestrians in Michigan include:

• Medical Expenses: Coverage for all essential medical treatment related to the accident injuries. This includes hospital bills, rehabilitation services, and medication.
• Lost Income: Payment for income loss due to the inability to work following the accident. Victims can receive payments up to three years after the accident.
• Replacement Services: Reimbursement for services the injured pedestrian cannot perform due to their injuries, such as household chores. The payment is given a daily limit of up to three years.
• Attendant Care: Coverage for necessary nursing care and assistance with daily activities.

Michigan's no-fault insurance system provides a safety net. These benefits aid injured pedestrians in their recovery. The system also allows victims to focus on their recovery without the added financial stress.

Factors Influencing the Value of Pedestrian Accident Claims

Figuring compensation in a pedestrian accident claim can be complex. The victim's tangible and intangible losses must be considered. An attorney assesses various factors contributing to how the accident impacts the victim's life.

Several key factors influence the value of a pedestrian accident claim, including:

• Medical Expenses: The cost of medical treatment and ongoing care, including surgeries, medication, physical therapy, and any specialized equipment needed for rehabilitation.
• Lost Wages: Compensation for when the victim could not work due to injuries. This also considers the loss of earning capacity if the victim cannot return to the same or similar work.
• Pain and Suffering: Unlike medical bills or lost wages, pain and suffering are subjective and account for the physical pain and emotional distress the victim has endured. This includes anxiety, depression, loss of enjoyment of life, and the impact of any permanent disabilities or disfigurements.
• Additional Damages: Depending on the specifics of the case, a victim might also be eligible for damages related to property loss (if personal belongings were damaged in the accident), costs of lifestyle adjustments (home renovations for accessibility), and punitive damages if the negligent party's actions were particularly egregious.

The Role of a White Lake Lawyer

Given the complexity of calculating a claim's value, you will want a lawyer who has thorough knowledge of the personal injury process, particularly how it pertains to injured pedestrians. A seasoned pedestrian accident attorney can:

• Assess all aspects of your claim to ensure every potential area of compensation is explored.
• Navigate Michigan's no-fault insurance laws to identify all applicable benefits and compensation avenues.
• Advocate on your behalf to negotiate with insurance providers, who often aim to minimize payouts.

MI lawyers in White Lake understand the significance of leaving no stone unturned when it comes to calculating your total damages. Pursuing justice isn't only about holding drivers accountable for negligent actions. The best possible results are victims having the financial resources they need to adjust to their post-accident reality.

FAQS About White Lake Pedestrian Accidents

1. How does Michigan handle hit-and-run pedestrian accidents?

It's a criminal offense to leave the scene of an accident involving a pedestrian. Victims of hit-and-run accidents may still receive no-fault insurance benefits for medical expenses and lost wages. Additionally, the Michigan Crime Victim Services Commission assists victims of hit-and-run accidents. The agency provides financial assistance for eligible individuals with no other means of compensation.

2. What should I do if I accidentally hit a pedestrian in White Lake?

Remain on the scene and provide aid to the injured person. Call the White Lake Township Police Department or dial 911. Report the facts to the police. Provide the police officer or injured party with your name, address, and vehicle registration number to the injured party or a police officer.

3. When should I hire a pedestrian accident lawyer?

You should consider hiring a lawyer soon after being injured in an accident, especially if you suffered injuries. Disputes over fault or dealing with the no-fault insurance system can complicate these cases. Consulting with a White Lake MI, lawyer helps make sure you protect your legal rights and will have the chance to obtain full compensation for the harm you endured.

How do personal injury lawyers charge for their services?

Most pedestrian accident lawyers in Michigan operate on a contingency fee basis. This arrangement means the law firm only receives a payment if they secure a settlement or win a judgment for their client. The fee is typically a percentage of the compensation awarded, ranging from 25% to 40%. The fee depends on the case's complexity and the attorney's experience. Discuss fees upfront so you'll understand all terms of the agreement. A contingency agreement means you will never be asked to pay a retainer or any other upfront fees.

Why Choose Christopher Trainor & Associates?

Our legal team brings decades of combined experience to the table. Each client receives a personalized legal plan and aggressive representation. Our commitment to our clients' well-being and justice is evident in every aspect of our practice.

The Law Offices of Christopher Trainor & Associates has a stellar track record of securing over $250 million in settlements and verdicts. This success is a testament to our legal team's skill, diligence, and dedication. We have a long-standing reputation for excellence in personal injury law.

Don't just take our word for it. The clients we've helped tell the real stories of success. We have numerous client testimonials with first-hand experience of our commitment to securing the best possible outcomes. These testimonials highlight our legal team's empathy, responsiveness, and tenacity in fighting for our clients' rights.

For a free consultation, contact us at 248-886-8650 or email us.