If you were struck by a vehicle while walking in Michigan, you may be able to pursue a claim for No-Fault benefits as well as pain and suffering compensation and excess economic damages, depending on who was at fault and how seriously you were injured.
Michigan’s laws governing pedestrian crashes can be complex, and the stakes are high, which is why hiring an experienced attorney is one of the most important steps you can take.
In a pedestrian hit by car case, there are a variety of legal options that need to be considered. A knowledgeable legal professional can help protect your rights and maximize your recovery.
Can a person sue after being struck by a vehicle in Michigan?
A person walking who is struck by a motor vehicle in Michigan can generally sue the at-fault driver to recover pain and suffering compensation. To win this claim, the injured victim must prove that the driver was negligent and that the injuries resulted in a “serious impairment of body function” under Michigan’s legal threshold for tort liability.
In addition to noneconomic damages, the injured person traveling by foot may also be able to sue for “excess” economic losses. These are expenses like future medical care or wage loss that exceed the amount payable under the No-Fault PIP cap.
Depending on the circumstances, an injured person traveling by foot may also be able to file a lawsuit against the No-Fault insurer for unpaid or overdue benefits if the responsible company fails to provide the compensation owed.
What No-Fault benefits are available to injured crash victims?
Under Michigan’s No-Fault law, a person who is struck by a vehicle is entitled to personal injury protection (PIP) benefits. These benefits cover:
- Medical bills related to accident injuries
- Wage loss if the victim is unable to work
- Replacement services for household tasks the victim can no longer perform
- Mileage reimbursement for medical appointments
To receive these benefits, the injured person must file an application for No-Fault benefits within one year of the accident. Missing this deadline can permanently bar recovery.
Who pays an injured victim’s No-Fault benefits?
The insurance company responsible for paying No-Fault benefits is determined by Michigan’s priority rules:
- The injured victim’s own No-Fault auto policy, if applicable
- A spouse’s policy or the policy of a resident relative
- If no coverage is available, the Michigan Assigned Claims Plan (MACP) will assign an insurer
Importantly, the injured crash victim does not need to prove fault in order to collect these PIP benefits.
What damages can be recovered in a lawsuit?
If a person who was struck by a vehicle sues the at-fault driver, recoverable damages may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring or disfigurement
- Future medical care not covered by No-Fault benefits
- Future wage loss that exceeds No-Fault caps
To sue for these noneconomic damages, the injured person must meet the legal threshold of a “serious impairment of body function.”
What counts as a “serious impairment of body function”?
Michigan law defines this as an impairment that affects an important body function and affects the person’s general ability to lead their normal life. Courts will look at:
- The nature and extent of the injury
- How long the impairment lasted
- How it impacted the person’s daily activities, ability to work and lifestyle
Medical records, testimony, and expert opinions are often used to establish this threshold.
What is a fair settlement?
Settlements vary significantly based on the details of the case, but factors that typically affect the value include:
- Severity and permanence of injuries
- Future medical needs
- Time missed from work
- Impact on quality of life
- Insurance policy limits and available assets of the at-fault driver
What should someone walking do after being struck by a vehicle?
If you’re struck by a vehicle in Michigan, take the following steps:
- Call 911 and request emergency medical care
- Obtain the driver’s information, including insurance and license
- Report all injuries to EMS and doctors, even if they seem minor at first
- File an application for No-Fault benefits as soon as possible
- Consult an experienced lawyer to protect your legal rights and avoid costly mistakes
What is being done to prevent these types of crashes in Michigan?
Michigan is taking several steps to reduce pedestrian accidents through a combination of enforcement, infrastructure improvements, and public education. Statewide initiatives like Toward Zero Deaths and Vision Zero in cities like Ann Arbor focus on reducing serious injuries by redesigning dangerous corridors, improving crosswalks, adding traffic-calming features, and enhancing visibility. Law enforcement agencies also run targeted safety campaigns, while state and local governments invest in upgraded sidewalks, pedestrian islands, and smart intersection technology. These efforts aim to create safer environments for people walking, especially in high-crash areas like Detroit and Southeast Michigan.
Why you need an experienced auto crash lawyer
Pedestrian cases in Michigan are governed by a unique set of No-Fault laws and injury thresholds. These cases can involve complicated questions about insurance priority, medical documentation, and the scope of allowable damages. Without skilled legal guidance, victims may leave substantial compensation on the table or miss critical filing deadlines.
An experienced attorney who specializes in this area of the law can:
- Investigate the crash and gather evidence
- Navigate insurance claims and priority rules
- Help secure No-Fault benefits
- Prove pain and suffering damages
- Maximize any third-party settlement or verdict
Injured in a Crash? Talk to a Lawyer Today
If you were struck by a vehicle while walking in Michigan, the road to recovery starts with trusted legal advice. Speak with an experienced attorney who specializes in this area of law and understands Michigan’s No-Fault system and tort law. The right lawyer can help ensure you receive the full compensation you’re entitled to.
Don’t delay, as important legal deadlines apply. Schedule a free consultation today to learn your rights and get help moving forward.