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When a pedestrian is injured by a negligent driver, you may face immense hardship. Because you don’t have the protection of a vehicle, your injuries and medical costs may be serious. You may also suffer lost income and a reduced quality of living. This can leave you struggling to cope and keep on top of it all.
If you’ve been injured as a pedestrian by an irresponsible driver anywhere in Michigan, turn to Christensen Law. Our pedestrian accident attorneys in Warren stand up for your rights, thoroughly investigate faults, and build your best case. Our goal is to help you move forward, despite your injuries. Don’t shoulder the burden of the claims process alone – legal help can make a big difference. We are here to listen, help, and fight for you, so give us a call to get started.
Because you don’t have the protection of a vehicle, your injuries can be serious, and so can your medical costs.
How Long Do I Have to File a Pedestrian Accident Lawsuit in Michigan?
In Michigan, the statute of limitations to file a lawsuit after being injured as a pedestrian in an accident is three years from the date of the incident. However, this is not always the case, as there may be certain limited exceptions. Here are some key factors to keep in mind:
- The three years is counted from the actual date the pedestrian accident and injuries occurred.
- Different rules may apply if the injured pedestrian was a minor under the age of 18 when the accident happened.
- The three-year window applies equally to both filing a lawsuit and attempts to settle out of court.
- Merely communicating with an insurer does not stop the clock – formal legal action or an agreement is required.
- The timeline could be reduced for claims against government entities to just 180 days in some cases.
- Failure to file within three years forfeits the victim’s right to recover compensation under Michigan law.
Pedestrian accident victims should consult a personal injury lawyer in Warren as soon as possible after being injured to ensure the short filing deadline is not missed and your right to pursue damages is preserved.
How Much Is My Pedestrian Accident Claim Worth?
If you get hurt in a pedestrian accident, even a minor one, it can lead to major problems. These problems include huge hospital bills, missing days at work, and other unexpected costs. When another person is at fault for the accident, they might owe you money to cover accident-related expenses like:
- Medical bills (both now and in the future), including ER visits, surgeries, tests, specialist check-ups, therapy, and equipment
- Money you missed out on because you couldn’t work
- The loss of future earnings
- Damages for the physical and emotional pain from your injuries
Our Michigan Pedestrian Accident Case Results
In one pedestrian accident case, our client was a disabled man who was struck by a car when he was crossing on a crosswalk, leaving him with a traumatic brain injury and two broken legs. The defense tried to argue that pre-existing mental disabilities actually caused our client’s TBI. Our client was awarded $1.2 million.
This doesn’t mean your case will see the same results, as your settlement or court award will be based on the evidence in your claim. Your pedestrian accident lawyer in Warren can give you an estimate of the value of your claim after we’ve examined your evidence and the specifics of your accident.
Do I Have a Valid Pedestrian Accident Claim in Warren, MI?
If you are a pedestrian who was injured in an accident that was caused by another party’s negligence, you have the legal right to file a claim for compensation in Michigan. However, your claim will only be successful if certain conditions are met. To have a successful claim, you will first need to prove:
- That the at-fault party owed you a duty of care
- That the at-fault party’s negligence caused the accident and your injuries when they failed in that duty of care
- That your injuries resulted in monetary damages
The first thing you need to do after a pedestrian accident is take care of your health. Get a medical exam to start a medical record of your injuries.
How a Warren, MI, Pedestrian Accident Attorney Can Help
If you were badly hurt as a pedestrian, handling the legal case alone will be hard. You need a skilled, caring pedestrian accident lawyer’s help. They take care of your case from start to end. This gives you peace of mind during this difficult time.
Our Warren pedestrian accident lawyers will:
- Use our skills to investigate your accident fully and prove who is liable.
- Know how to factor your long-term injury effects into the total damages you deserve.
- Fight insurance companies who improperly try to blame you for the crash.
- Aggressively negotiate the best possible settlement for you. And we’re ready to go to court if needed.
Don’t wait to get legal help after a pedestrian crash. Call us for a free talk about your case. With severe injuries, a lawyer’s guidance throughout the process is key. You focus on healing while we fight to secure you fair compensation.
Filing a Wrongful Death Claim When a Pedestrian Accident Is Fatal
When a pedestrian dies due to another’s negligence, Michigan’s wrongful death law allows the family to sue for damages. As your Warren wrongful death attorneys, we would file against any responsible drivers, owners or other parties on the estate’s behalf. Compensation can cover pre-death suffering, loss of companionship, lost income, and more.
To proceed, a family member must be legally appointed as the estate’s representative in probate court. This personal representative controls the case and legal decisions. Additionally, if the deceased had any financial dependents, like a spouse or minor child, they may make a separate no-fault insurance claim for lost wages and replacement services.
We pursue full accountability through meticulous legal preparation, negotiation, and litigation. While it takes time, the closure and resources gained by holding negligent parties liable makes a difference. With compassion and resolve, we help families seek justice.
Who is liable for my injuries after a pedestrian accident?
In some pedestrian accidents, there is clear fault. However, in other cases, there may be more than one liable party. Some parties who may share liability for injuries sustained after a pedestrian accident include:
- The driver that struck the pedestrian, if they were negligent (speeding, distracted driving, etc.)
- The city or town responsible for maintaining the roadway, if hazardous conditions like lack of crosswalks contributed to the accident
- Construction companies performing work on or near the roadway if they failed to provide adequate warnings, safety barriers, etc.
- Automakers if a determined vehicle defect caused or worsened the impact
- Employers, if the pedestrian was struck crossing the road for work by a co-worker or while working as an on-the-job hazard
- Bars or restaurants serving alcohol to an impaired driver who later struck a pedestrian, according to Michigan’s dram shop laws
- Property owners, if pedestrians were hit due to obscured visibility or other unsafe property conditions
- Event organizers such as races that failed to properly coordinate pedestrian safety during road closures
Any party that contributed to the negligence that caused your injuries may owe you compensation. A pedestrian accident attorney in Warren can pinpoint all parties whose negligence may have contributed to the incident to ensure all avenues for compensation are identified.
Can I still pursue a pedestrian injury claim if I was jaywalking?
Even if jaywalking contributed to your pedestrian crash, compensation may still be possible in Michigan under Michigan Statute 600.2959, depending on your level of fault. We can often show the driver bears greater responsibility through negligent actions like speeding, distraction, or ignorance of pedestrian rights. Their breach of reasonable care standards can outweigh jaywalking in determining ultimate liability.
Too often, drivers fail to focus fully on pedestrians and road conditions. Texting, rushing lights, speeding – it’s pervasive. Yet motorists must operate vehicles as reasonable, attentive persons. When they don’t, pedestrians pay the price. Though no law violation justifies endangering others, many drivers fall short of their duty.
As your Michigan personal injury attorneys, we’re ready to stand up to insurance companies alleging your jaywalking voids injury claims. Drivers don’t receive immunity for irresponsible conduct just because a pedestrian crossed incorrectly. We’ll thoroughly investigate to show where the fault truly lies, seeking the maximum compensation you deserve.
What do I need to do to document my pedestrian accident claim?
In addition to visiting a doctor, you will need to take photos and videos of the scene and get witness statements and contact information. You will also need to get the insurance information of any parties that were involved.
During the claims process, any at-fault party’s insurance company will do whatever it takes to devalue or deny your claim, so the more evidence you have, the better. To protect your right to the full and fair compensation you need, keep any documentation together in a safe place.
Get a Free Consultation with a Pedestrian Accident Lawyer in Warren, MI
When you choose the Warren pedestrian accident attorneys at Christensen Law to represent you in a personal injury claim, you can expect compassionate and dedicated care. We will listen to your concerns, protect your rights, and fight to win the highest possible compensation for your claim.
We are committed to seeing that justice is served on your behalf. Call us today to get started.
