Understanding Pedestrian Accidents: A General Overview
Pedestrian accidents occur when a vehicle collides with an individual walking, jogging, or standing in areas designated for pedestrian use. These incidents can lead to severe injuries or fatalities due to the vulnerability of pedestrians compared to motorists. Understanding the causes, legal implications, and steps to take after a pedestrian accident is crucial for both victims and those looking to prevent such tragedies.
Causes of Pedestrian Accidents
Several factors contribute to pedestrian accidents, including:
- Driver Negligence: This includes distracted driving, speeding, failure to yield at crosswalks, or impaired driving due to alcohol or drugs.
- Pedestrian Error: Pedestrians can sometimes be at fault, such as when they jaywalk, ignore traffic signals, or are distracted by phones or other devices.
- Environmental Factors: Poorly designed intersections, inadequate signage, or poor lighting can also lead to accidents.
- Weather Conditions: Adverse weather conditions, such as rain, snow, or fog, can reduce visibility and make it harder for both drivers and pedestrians to see and be seen.
Legal Considerations
In Michigan, pedestrian accidents are governed by both state traffic laws and broader personal injury law principles. Key points include:
- Right of Way: Michigan law typically grants pedestrians the right of way in marked crosswalks. However, pedestrians also have a duty to exercise reasonable care for their safety.
- Comparative Negligence: Michigan follows a comparative negligence system, meaning that the fault for an accident can be shared between the pedestrian and the driver. The amount of compensation a pedestrian can receive may be reduced by their percentage of fault.
- Insurance and Compensation: Pedestrians injured in accidents may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. Michigan's no-fault insurance system also means that injured pedestrians can often claim benefits from their own insurance policy or the policy of a household member.
Steps to Take After a Pedestrian Accident
If involved in a pedestrian accident, the following steps can help protect your rights and ensure proper care:
- Seek Medical Attention: Prioritize health and safety. Even if injuries seem minor, some symptoms may appear later.
- Report the Accident: Contact the police and file an official report. This document will be crucial for any legal or insurance claims.
- Gather Evidence: If possible, collect evidence at the scene, including photos, witness contact information, and details about the vehicle involved.
- Contact The Injury Law Firm, PLLC: Navigating the aftermath of a pedestrian accident can be complex and overwhelming. It's crucial to have experienced legal representation on your side. The Injury Law Firm, PLLC is dedicated to helping you understand your rights and pursue the compensation you deserve. Reach out to us at 855-LET-US-WIN to schedule a consultation and discuss your case. Our team is committed to advocating for your best interests and ensuring that justice is served.