Helping Pedestrians With No-Fault and At-Fault Claims
If you or a loved one was hit by a car in Grand Haven, Spring Lake, Ferrysburg, or Nunica, you are not alone. Michigan reports over 2,100 pedestrian-involved traffic crashes annually, including 1,809 injuries and 156 fatalities. Over 40 pedestrian collisions occurred in Ottawa County alone. These devastating accidents can leave victims with debilitating injuries and significant financial burdens.
At Barrix Law Firm, our experienced Grand Haven pedestrian accident lawyers are dedicated to helping you navigate the legal process while securing the compensation you need to make a full recovery.
Common Injuries in Pedestrian Accidents
Just like bicyclists and motorcycle riders, pedestrians are extremely vulnerable to severe injuries in the event of a traffic collision. If a vehicle strikes a person, even at low speeds, the resulting injuries can be life altering. Here are some of the most common injuries that we see in pedestrian accident cases:
- Head Injuries: Traumatic brain injuries (TBIs), concussions, and skull fractures
- Spinal Cord Injuries: Severe back injuries leading to paralysis and chronic pain
- Broken Bones: Fractures to the legs, arms, ribs, and pelvis
- Internal Injuries: Damage to internal organs, such as the liver, spleen, and kidneys
- Soft Tissue Injuries: Sprains, strains, contusions, and deep lacerations
- Psychological Trauma: Anxiety, depression and post-traumatic stress disorder (PTSD)
- Disfiguring Facial Injuries: Scars and fractures affecting the eyes, nose, teeth, and jaw
What to Do After a Pedestrian Accident in Grand Haven
The steps you take immediately following a pedestrian accident can significantly impact your ability to recover compensation. Here’s what you should do:
- Seek Medical Attention: Your health is the top priority. Call 911 or accept treatment at the scene of the accident, even if your injuries appear minor.
- Report the Accident: Contact law enforcement to file an official accident report. This step is essential following accidents involving injuries or property damage.
- Gather Evidence: If you are able, take pictures of your injuries, the scene of the accident, and the vehicle involved. Get names and contact information from any witnesses.
- Limit Communication: The at-fault driver’s insurance company may try to contact you. Do not give them a recorded statement or sign any documents without speaking to an attorney first.
- Contact a Pedestrian Accident Lawyer: An experienced attorney can help you understand your legal rights and take the next step.
Compensation for Accident Victims
Victims of pedestrian accidents in Michigan may be entitled to various types of compensation by filing an at-fault or no-fault claim. This can include economic and non-economic damages.
Economic Damages
Economic damages cover medical bills and lost wages beyond the financial and time limits of your no-fault personal injury protection (PIP) policy.
Non-Economic Damages
If you meet the severe injury threshold needed to file an at-fault claim, you may be entitled to compensation for physical and emotional pain and suffering as well as permanent injuries.
Wrongful Death Benefits
In the tragic event of a fatal pedestrian accident, the victim’s family can seek compensation for final expenses, financial support, and loss of companionship.
No-Fault vs. At-Fault Claims
In Michigan, pedestrian accidents are covered under the state’s no-fault insurance system. This means that you are entitled to file a claim for personal injury protection (PIP) benefits through your own insurance. These benefits include:
- All necessary medical care related to your injuries up to your policy limit.
- Up to 85% of the lost wages for a maximum of 3 years.
- A nominal daily payment for household services that you can no longer perform.
Michigan has a specific order of priority that determines which insurance company is responsible for paying your PIP benefits. The order is as follows:
- Your own no-fault auto insurance policy
- A resident relative’s insurance policy
- The Michigan Assigned Claims Plan (MACP)
You must notify the insurance company of your injuries within 1 year of the accident to claim no-fault benefits. Once your claim is open, additional medical bills must be submitted within 1 year of the date of treatment.
While the no-fault system provides significant benefits, it does not cover pain and suffering or other non-economic damages. To recover this compensation, you must file a third-party liability claim or lawsuit against the at-fault driver.
To be successful, you must prove that the other driver was at fault and that your injuries meet the state’s severe injury threshold. This standard applies to accidents resulting in:
- A serious impairment of body function.
- Permanent disfigurement.
- Death.
How a Grand Haven Pedestrian Accident Lawyer Can Help
Navigating the legal system after a pedestrian accident can be overwhelming. A skilled Grand Haven personal injury lawyer from Barrix Law Firm can help with all aspects of your case.
Investigating the Accident: We will thoroughly investigate the circumstances of your accident to build a strong case on your behalf.
Handling Communications: We will handle all communication and negotiations with the insurance companies while you focus on your recovery.
Filing a No-Fault Claim: We can assist you in filing a no-fault insurance claim to cover your immediate expenses, such as medical bills and lost wages.
Proceeding With a Lawsuit: We will assess your case to determine if a third-party lawsuit against the at-fault driver is in your best interest.
Fighting for Maximum Compensation: Our goal is to ensure that you receive full and fair compensation for your injuries and losses.
Grand Haven Pedestrian Accident FAQs
It depends. Drivers must yield to pedestrians who are using a marked crosswalk where they have the right-of-way. Pedestrians who are crossing at a location away from a designated intersection must yield to upcoming traffic. Additionally, pedestrians must not step out in front of vehicles.
Following a fatal pedestrian accident, surviving family members can file a wrongful death lawsuit against the at-fault driver. The decedent’s executor or personal representative is responsible for filing the claim, and any compensation will be split among the person’s dependents and surviving family members. There is a 3-year deadline to file a personal injury lawsuit or wrongful death claim in Michigan.
In pedestrian-friendly areas like downtown Grand Haven, accidents happen for a variety of reasons, including excessive speed, distracted driving, and poor visibility. Pedestrians may contribute to accidents by crossing unexpectedly away from designated crosswalks. There’s evidence that a considerable number of pedestrians who were hit by cars were under the influence of drugs or alcohol, which can make them more vulnerable to reckless drivers.
Yes, under Michigan’s no-fault insurance system, your PIP policy will cover medical expenses and lost wages as a pedestrian regardless of who was at fault. If you’re filing an at-fault claim against the driver, your compensation can be reduced by your level of responsibility according to Michigan’s comparative fault law. In some cases, you may be barred from recovering non-economic damages for pain and suffering.
Yes, you can still receive compensation from your insurance. Your no-fault auto insurance policy will cover medical expenses and lost wages. To claim compensation for pain and suffering and other damages beyond PIP limits, you may be able to file a claim through your uninsured/underinsured motorist coverage.
Get Legal Help Today
If you or a loved one was hit by a car while walking in the Grand Haven area, you need a dedicated advocate on your side. The team at Barrix Law Firm is here to help you fight for maximum compensation. We’ve been helping local families since 1993. Contact us today to discuss your case with an experienced attorney for free.
