Pedestrian accidents are a frequent tragedy in Michigan, with 2,114 car-pedestrian crashes recorded in 2023 alone, leading to 183 fatalities. These tragic incidents not only impact the victims but also their families. While drivers are responsible for staying alert to avoid harming pedestrians, there are situations where pedestrians may also share responsibility for an accident.

Read on to learn when pedestrians may be at fault and how a Michigan car crash lawyer at Fieger Law can assist with determining liability and pursuing fair compensation for you.

When Pedestrians Are at Fault

In a car-pedestrian accident, people often assume the driver is at fault because they’re expected to watch for pedestrians and drive cautiously. However, actions by pedestrians can violate traffic laws, making them at least partially at-fault for their injuries. These situations can include:

  • Jaywalking or Crossing Outside a Crosswalk: Pedestrians who cross outside a designated crosswalk or against a traffic signal may be at fault for an accident. Drivers have less time to react to pedestrians who enter the road unexpectedly, increasing the risk of an accident. 44 pedestrians died crossing at a non-intersection in Michigan in 2023, making it the leading cause of pedestrian deaths that year.
  • Sudden Entry into Traffic: If pedestrians enter the road without allowing drivers sufficient time to react, they may be held responsible for an accident. Stepping into traffic unexpectedly, especially from behind an obstruction like a parked car or tree, reduces a driver’s ability to stop in time, increasing the likelihood of a collision.
  • Walking While Distracted: Crossing the street while using a phone or another device, especially while wearing headphones that reduce a pedestrian’s ability to hear ambient noise, diverts the pedestrian’s attention from the road, making them less aware of oncoming traffic. If this distraction results in an accident, the pedestrian may be considered partially responsible for failing to stay vigilant.
  • Ignoring Posted Warnings or Barriers: Pedestrians who ignore “No Pedestrian” signs—such as on highways or parking garage ramps—or bypass temporary barriers put themselves at greater risk of an accident. These warnings are typically placed in high-risk areas where drivers are not expecting foot traffic, which could result in the pedestrian being held liable if an accident occurs.
  • Walking Under the Influence of Alcohol or Drugs: Pedestrians under the influence of drugs or alcohol may have slower reaction times and impaired judgment, leading to unpredictable behavior such as stepping out in front of a vehicle or tripping and falling. This increases the likelihood of an accident and could place liability on pedestrians if their actions contributed to the collision.

If you’ve been involved in a car-pedestrian accident, consult a Michigan car crash lawyer to determine liability. Our team at Fieger Law can investigate the accident to assess fault and help you understand your legal options after a crash.

When the Driver May Be at Fault

In Michigan, drivers aren’t always automatically at fault in car-pedestrian accidents, but they can be liable if they don’t follow certain safety rules. Common situations where a driver may be held responsible for injuries in a pedestrian crash:

  • Failing to Yield at Crosswalks: Drivers must stop for pedestrians at crosswalks. Ignoring this responsibility puts drivers at fault if a pedestrian is hit.
  • Distracted Driving: Texting while driving is illegal in Michigan, and any form of distraction reduces a driver’s ability to notice pedestrians, increasing the risk of an accident.
  • School Zones: Because of their age and limited awareness, children often cross the street unexpectedly, making it essential for drivers to slow down and remain vigilant in school zones. If drivers behave recklessly and strike child pedestrians, they are generally found at fault for failing to exercise the extra caution required in these areas.
  • Speeding or Reckless Driving: Speeding or driving aggressively reduces a driver’s ability to react to pedestrians. In high-traffic areas, this behavior is typically blamed on the driver for failing to adjust their speed to protect pedestrians crossing the road.
  • Turning at Intersections: Drivers must check for pedestrians in crosswalks when making a turn and yield if someone is crossing. Failing to yield in these situations often places the driver at fault, as they are expected to anticipate and accommodate pedestrian movement during turns when pedestrians have the right of way.

Have you been injured as a pedestrian due to a driver’s negligence? Reach out to our Michigan car accident attorneys at Fieger Law. We can help you hold the driver responsible and seek a fair settlement for your injuries.

Shared Fault in Car-Pedestrian Accidents

In Michigan, the driver and the pedestrian can share responsibility for an accident. This is known as comparative negligence, where each party’s actions are assessed to determine their degree of fault.

For example, if a pedestrian is crossing illegally but the driver is also speeding, both may be held partially responsible. Michigan’s modified comparative negligence law allows pedestrians to recover damages if they are less than 50% at fault. However, the amount of compensation they can receive may be reduced according to their share of fault.

Determining liability in car-pedestrian accidents can be complex, often needing evidence like traffic camera footage, witness statements, or accident reconstruction. If you’re unsure who may be at fault, Fieger Law’s pedestrian accident lawyers can gather evidence to establish liability and pursue maximum damages for you.

Protect Your Right to Compensation

At Fieger Law, we have decades of experience handling pedestrian-car accident cases and a strong track record of winning millions in compensation for injured parties in Michigan.

Let us protect your rights after a collision. Contact us today for a free case evaluation and learn how we can help you recover a fair settlement.