According to the Michigan State Police, more than 100 pedestrians die each year in accidents with cars, trucks or motorcycles in Michigan. With back to school and cool fall weather bringing more people out of doors, the month of September is an especially deadly time of year for pedestrians, having one of the highest volume of crashes—more than 1,000 in the last five years—and making it the ideal time to focus on pedestrian and vehicle safety.
Ven Johnson was on 7 Action News on TV20 talking about how important it is to be aware of pedestrians on the road and elsewhere.
Pedestrian accidents can be extremely complex for both the driver and the pedestrian. Here are some additional things you should know.
What You Should Know About Fault in Pedestrian Accidents
When a car hits a pedestrian, it doesn’t necessarily mean the driver of the vehicle is at fault. A pedestrian could be the one at fault (or part of the cause) for several reasons.
- If a pedestrian was jaywalking or not using a sidewalk where one was present, they could share fault.
- If a pedestrian is distracted by a phone.
However, if a driver ran a red light, went through a crosswalk or was distracted at the wheel, the driver can be held solely responsible for the collision.
Does fault matter in vehicle accidents involving pedestrians?
It doesn’t matter when it comes to obtaining first-party, no-fault benefits in Michigan. However, it does matter when determining negligence. This determination will lead to securing pain and suffering damages for the injured.
What To Do If You Are Involved in a Pedestrian Accident
You’re walking/running/cycling in the street and struck by a vehicle.
- If you’re able, move out of the street and try to keep calm.
- Call 911, if you are able. If not, ask the driver or a witness to do so.
- Keep the driver at the scene until the police arrive, even if you’re unhurt.
- While waiting for the police, exchange information with the driver – name, contact information, insurance company.
- Take photos of the scene.
- If the driver flees, try to take a photo of the license plate or make a mental note of the make and model of the vehicle.
- Contact the driver’s insurance company to make a claim.
- Contact a lawyer with expertise in pedestrian collisions.
You’re behind the wheel and you hit a pedestrian walking/running/biking.
- DO NOT leave the scene. Pull over and turn on your emergency flashers.
- Call 911.
- Help the pedestrian any way you can until the police and EMS arrive.
- Ask witnesses who saw the accident to remain on the scene until the police arrive to make a statement.
- Do not admit fault when making a statement or speaking with the pedestrian.
- Report the incident to your insurance company within 30 days.
- Contact an experienced attorney to discuss the incident. Civil and criminal liability is possible.
If you’ve been involved in a pedestrian accident, contact the expert attorneys of Johnson Law immediately for a case analysis. We will fight for you.