Some of the most serious injuries imaginable happen when pedestrians are struck by vehicles. In many collisions involving pedestrians, the driver of the vehicle failed to follow the law. But what do Michigan’s laws specifically say about the rights and responsibilities of drivers in relation to pedestrians?
Michigan’s Pedestrian Traffic Laws
Michigan law says that drivers must yield to pedestrians in accordance with traffic control signals. Pedestrian control signals are placed at the far end of each crosswalk, and they typically indicate a “walk” or “don’t walk” period. When pedestrians have a green or yellow light (or a walk signal), or when other signage tells drivers to yield to pedestrians, drivers must stop and give pedestrians adequate space.
In school zones, drivers must follow all traffic signals and the directions of a crossing guard. If a bus deploys its warning lights or stop signs, drivers must come to a complete stop and look out for children crossing the road.
Pedestrians should also try to cross the road only where there are designated pedestrian crossings, when they are available. They should also use sidewalks when they’re available. If a pedestrian needs to walk alongside a road without a sidewalk, authorities suggest that they do so as far as possible from the road against the flow of traffic, so the pedestrian can see oncoming traffic.
Pedestrian traffic laws in Michigan are intended to protect the safety of these vulnerable road users. When a driver breaks these traffic laws and causes a pedestrian serious injuries, they can be held responsible (both in criminal and civil courts) for the harm they’ve caused.
If you’re injured when you’re lawfully crossing the road, you can file a personal injury claim against the driver who harmed you to hold them accountable for the many costs of your injury.
What Happens When Pedestrians Are Injured at Undesignated Crossings?
The rights and responsibilities of motorists become more complicated when a pedestrian crosses the road when there aren’t designated crossings. In these situations, a driver should do everything possible to avoid hitting the pedestrian without putting themselves or other drivers at risk of serious injury.
If you’re a pedestrian who has been injured by a driver, even if you weren’t crossing at a designated crossing area, you should still consult an attorney to explore your legal options. It’s possible that the driver’s negligence caused the collision, in which case you’re owed compensation for the costs of your injury.
Comparative Fault in Pedestrian Accidents
Michigan uses a modified comparative fault system for awarding damages in personal injury claims. This system means that people who are injured in accidents in Michigan can get compensation for their damages even if they are partially at fault. However, the amount of money they receive is reduced by their percentage of fault.
For example, if an injured victim is awarded $10,000 after an accident but is ruled 20% at fault, they would receive $8,000 instead of the full amount. This also applies to injured pedestrians.
Compensation may be reduced in the below situations:
- Jaywalking: Crossing the street outside of a designated crosswalk can lead to a pedestrian being found partially at fault. That’s because drivers may not anticipate a pedestrian crossing at an unexpected location.
- Ignoring Traffic Signals: Walking against a “Don’t Walk” signal or crossing when the light is red for pedestrians can contribute to fault, especially if the driver had the right of way.
- Walking in Restricted Areas: Pedestrians walking on highways or roads where pedestrian traffic is not allowed or safe could be partially responsible for an accident.
- Distracted Walking: A pedestrian texting, using a phone, or wearing headphones while crossing the street may not be fully aware of their surroundings, which could lead to an accident and partial fault.
- Intoxicated Walking: If a pedestrian is impaired by alcohol or drugs, their ability to make safe decisions while crossing or walking near traffic could lead to an accident where they share some fault.
- Sudden Entry Into Traffic: If a pedestrian unexpectedly darts into the street or steps off the curb without giving drivers adequate time to react, they may be held partially responsible for an accident.
- Crossing at a Dangerous or Obstructed Area: Pedestrians who cross the street where visibility is limited (near curves, behind parked cars, or in poorly lit areas) may share fault, especially if drivers could not see them in time.
- Walking in the Roadway: Pedestrians who walk on the road when sidewalks are available or fail to walk facing traffic in areas without sidewalks may be found partially at fault.
If you are found to be partially at fault after a pedestrian accident where you were struck by a vehicle, it’s important to get an experienced Michigan pedestrian accident lawyer on your side. By investigating the situation and collecting evidence, a lawyer may be able to reduce or eliminate your percentage of fault, allowing you to receive greater compensation.
Why File a Personal Injury Claim After You’re Struck by a Driver?
The injuries that a pedestrian auto collision victim faces can be severe and life changing. The medical expenses alone are often overwhelming for victims, who might then be unable to work because of their injuries. These economic damages (medical bills and lost income) are included in personal injury claims, which can give the injured person the financial means they need to start rebuilding their lives.
Personal injury claims also give pedestrian collision victims the chance to demand compensation for all the non-economic damages they’ve suffered, such as pain and suffering. These damages can be more challenging to calculate than economic damages, so it’s important to work with an experienced lawyer who will fight to get the full payment you’re entitled to.
If You Need Legal Help, Contact Fieger Law
The Michigan pedestrian accident attorneys at Fieger Law have decades of experience fighting for the rights of injured victims. We know how devastating these collisions can be for pedestrians, and we put our resources and experience to work for our clients to get them the maximum compensation they deserve.
Contact Fieger Law today to schedule a free, no-obligation consultation so we can help you explore your legal options.
Originally published March 22, 2021.