Pedestrians are anyone who is traveling on foot. There are more pedestrians on the roads nowadays because it is a safe, fun, and economical way to reach your destination. The pedestrian fatality rate in Michigan is 1.71 per 100,000 population, according to the Governors Highway Safety Administration.
The number of pedestrian fatalities declined by 4.8% from 2015 to 2016, but it was not enough to change the pedestrian fatality rate based on per 100,000 of the population. The report revealed that 15 states saw an increase in the number of pedestrian traffic deaths.
Overall, the United States saw an 11% increase in pedestrian deaths during 2016, which was the biggest single-year increase in pedestrian deaths in history. If you were hit as a pedestrian in Michigan, you might be eligible to recover compensation by pursuing a personal injury claim against the other driver.
Michigan uses modified comparative negligence, so you can be no more than 51% at fault for the accident and still recover compensation for damages from the driver.
How Negligence Plays a Role In Being Hit As A Pedestrian in Michigan
When a driver fails to adhere to traffic laws or drives while distracted, he or she drives negligently. If someone's negligence, which can be actions or inactions, leads to damages or injuries then he or she is liable for the damages that resulted.
If you can prove that the driver that struck you was negligent, you can have a successful personal injury claim. Just because a pedestrian was struck by a vehicle doesn't mean that the driver was at fault.
The accident report, eyewitness statements, point of impact, the location of the accident, and several other things can come into play and determine who was at fault for the damages that resulted.
You will need supporting evidence and documentation to show that the driver's negligence resulted in your injuries and damages.
Damages That Might Result From Being Hit As a Michigan Pedestrian
If you are hit as a pedestrian, you are much more likely to suffer serious injuries. After all, you are not protected and will be coming into contact with the vehicle and the roadway. Broken bones, traumatic brain injuries, spinal injuries, paralysis, and lacerations can result from such an incident.
Take photos of any injuries that you suffer. Keep copies of any medical bills and medical reports. Get a statement from your treating physician about any future medical care that might be required. Also, keep documentation to show any missed work and estimations of future missed work and lost wages.
Other damages might include mental trauma, permanent scarring and disfigurement and long-term disabilities. All of these damages and any others should be considered together in a personal injury claim against the driver.
Consult With a Michigan Auto Accident Injury Lawyer
If you were injured as a pedestrian in a pedestrian-motor vehicle accident, you should consult with a Michigan personal injury attorney. With the help of a lawyer, you might be able to recover compensation for your damages through a personal injury claim against the driver.
Your attorney will investigate the accident, gather evidence and talk with any eyewitnesses to build a strong case on your behalf. By proving the fault or negligence of the other driver, you can have a strong case and will most likely have success with your claim.
Because of the complexity of such claims and the challenges of dealing with insurance companies, schedule a free consultation with a personal injury lawyer today.