Whether taking a leisurely evening stroll, picking your kids up from school, or walking to work, you expect to be safe. When a driver acts negligently and you get hurt, you can seek the help of a Kalamazoo pedestrian accident attorney.
At Christensen Law, we pride ourselves on our commitment to our clients. Our Kalamazoo personal injury lawyers will handle the entirety of the legal process for you. Our goal is your fair compensation. Contact us today for a free initial consultation.
How Christensen Law Can Help Injured Pedestrians
Pedestrian accidents can result in serious injuries. These injuries take time and energy, so it can be hard to focus on anything else. Having a lawyer by your side after an accident means that your claim is handled by someone with the experience and knowledge needed to navigate this complicated process.
For over 30 years, we’ve advocated for Michigan’s injured. We will spare no resources to get you the results you need after a devastating accident.
You can count on us to:
- Investigate your accident, determining all liable parties
- File paperwork, ensuring accuracy and completeness
- Negotiate with insurance companies to fight for fair compensation
- Represent you in court if necessary, as we are prepared to take your case to trial when necessary
Our legal team prides itself on compassionate and dedicated care, and we believe in providing a voice for the unheard. Your needs become our priority, and we are determined to help you fight for what you are owed.
What Compensation Can a Lawyer Recover for You?
The long-term impacts of a pedestrian accident often go beyond physical injuries. You may be unable to return to work, face overwhelming medical bills, and be unable to take part in hobbies you once enjoyed. Our lawyers fight for fair compensation that accounts for both the economic and non-economic losses you’ve suffered.
You may qualify for compensation that recovers:
Economic Losses
Economic losses are those that are directly measurable through things like bills and receipts. These losses include:
- Medical Expenses: The financial cost of an injury can be staggering. You may have bills for emergency medical care, surgeries, appointments with medical specialists, physical therapy, diagnostic tests, and, in some cases, even lifelong care needs.
- Income-Based Losses: This includes lost wages and lost benefits while you recover, to more far-reaching losses like diminished earning capacity after a permanent disability.
- Other Expenses: This can include things like home modifications to make your living space more accessible after an injury to smaller expenses like travel to and from medical appointments.
Non-Economic Losses
While economic losses can be proven with a receipt, non-economic are often harder to measure. They can include:
- Loss of consortium
- Loss of enjoyment of life
- Lowered quality of life
These and other intangible losses are no less important than your financial ones, and we will fight for a settlement or verdict that accounts for all damages.
Wrongful Death
In the tragic event that a loved one lost their life in a pedestrian accident, our Kalamazoo wrongful death lawyers can seek wrongful death damages. While compensation cannot make up for the loss of a loved one, it can help your family regain financial stability. You may qualify for compensation that recovers:
- Funeral expenses
- Burial or cremation costs
- Loss of financial support
- Medical expenses resulting from the accident
What Should You Do After a Pedestrian Accident?
Pedestrian accidents happen suddenly and it’s easy to feel confused and overwhelmed in their aftermath. Below we have some tips to help strengthen your claim and protect your right to damages.
Steps to Take Immediately
If you are at the scene of the crash, make sure you:
- Seek Medical Attention: Diagnosing your injuries is imperative for your recovery. You should seek medical care at an emergency facility, such as Bronson Methodist, or make an appointment with your primary care provider. In addition to getting you started on a treatment plan, receiving prompt medical attention also creates a chain of evidence for your injury claim.
- Call the Police: Michigan law requires the reporting of any accident involving deaths, injuries, or property damage of $1,000 or more.
- Take Photos: If you are safe to do so, take photos of the accident scene and of your visible injuries. This time-stamped visual evidence can be helpful for your case.
Steps to Take While Recovering
In the days, weeks, and months following your pedestrian collisions, make sure you:
- Continue Medical Care: If your doctor prescribes a treatment plan, such as physical therapy, make sure you follow it. Stopping or delaying your care can prevent you from making a full recovery or make your injuries worse. Insurers can also see this as a sign that your injuries are not as serious as you claim they are.
- Don’t Post on Social Media: Your public posts can be used against you, so it is best to avoid posting while in recovery.
- Avoid Speaking With Insurance Adjusters Alone: Insurance adjusters may try to speak with you while you are in the hospital or recovering at home. It’s helpful to have a lawyer there who can advocate on your behalf. However, if you do speak to them alone, avoid apologizing, guessing at your actions, or taking blame for the accident. If you are unsure of what happened or how to answer a specific question, say you don’t know.
Proving Negligence in a Pedestrian Accident
Negligence is defined by four key elements. These are:
- Duty of care, or the responsibility someone owes someone else to keep them safe
- Breach of the duty of care, which refers to an action that puts others in danger
- Causation, which is the action that directly leads to the accident
- Damages, which refers to the losses someone has because of the action
Some examples of negligence which can lead to pedestrian accidents include speeding, drunk driving, failing to yield at crosswalks, or distracted driving.
To prove that someone else was negligent, your lawyer will investigate the accident. They may do so by:
- Interviewing eyewitnesses
- Reviewing videos and photos of the accident, such as from traffic and security cameras
- Obtaining official documents, such as police reports, phone records (to prove someone was distracted), blood alcohol test results, and medical records
- Analyzing physical evidence, such as skid marks or environmental damage
- Consulting with experts, such as accident reconstructionist
The sooner your lawyer can start on the investigation, the easier it will be to gather evidence. Some evidence, such as surveillance footage or skid marks, may disappear over time.
Michigan Laws Affecting Your Case
In addition to preserving evidence, there are other reasons to move quickly with your case. Under Mich. Comp. Laws Ann. § 600.5805, you generally only have three years to file a wrongful death or personal injury lawsuit. Talk to your lawyer about any concerns you have regarding the legal timelines.
In addition to the statute of limitations, you must also pay attention to Michigan’s modified comparative negligence rules. Per Mich. Comp. Laws Ann. § 600.2959, you may qualify to recover compensation as long as you are no more than 50% responsible for the accident.
Your awarded damages are also proportionately reduced by your percentage of fault. This law can be used against victims if the other party unfairly blames the pedestrian for causing the crash, but our team knows how to defend you from these tactics.
