When a car strikes a person on foot, there is no bumper to absorb the blow, no airbag to soften the impact, and no steel frame to offer protection. The human body takes everything. Pedestrian accidents are among the most violent collisions on Michigan roads, and the injuries they produce often change lives permanently. Families are left scrambling for answers while medical bills pile up and insurance companies begin working against them from day one.
At Hamo Law, we have spent over 40 years standing beside Michigan families in moments exactly like this one. George and Alex Hamo are a father-son team who built this firm on one simple belief: good people deserve a fierce, experienced advocate in their corner. When you call us, you talk to your attorney. Not a receptionist, not a case manager, but the lawyer who will carry your case from the first conversation all the way to a result.
Michigan Pedestrian Accident Laws You Need to Know
Michigan's No-Fault Law and How It Applies to Pedestrians
Many people do not realize that Michigan's No-Fault law covers pedestrians, even those who do not own a vehicle. Under MCL 500.3114, a pedestrian struck by a motor vehicle may be entitled to Personal Injury Protection (PIP) benefits. Which insurance policy pays those benefits depends on factors like household relationships and which vehicle was involved.
PIP benefits for pedestrian accident victims can cover:
- Medical expenses, subject to your elected PIP tier
- Wage loss benefits equal to 85% of gross income, up to three years
- Replacement services for household tasks you can no longer perform
- Attendant care if your injuries require ongoing assistance
The 2019 No-Fault reform created tiered PIP coverage options in Michigan. The level of benefits available to you may depend on the coverage elections made by the at-fault driver or others in your household. Sorting through these layers is one of the first things we do for every client.
Fault and Third-Party Claims
Michigan's No-Fault system pays PIP benefits regardless of who caused the accident. However, victims who suffer serious injuries may also have the right to bring a third-party claim directly against the negligent driver. Under MCL 257.401, that claim requires proving the victim suffered a "serious impairment of body function."
Michigan also follows a modified comparative fault rule. If you are found partially at fault for the accident, your recovery may be reduced by your percentage of fault. If you are found more than 50% at fault, you may be barred from recovering non-economic damages entirely. Insurance companies will often try to shift blame onto the pedestrian to reduce what they owe. We fight back against that.
Statute of Limitations
Time matters in a Michigan pedestrian accident case. You generally have three years from the date of the accident to file a personal injury lawsuit under MCL 600.5805. If a government-owned vehicle caused your accident, or if a poorly maintained public road contributed to it, the deadline to file a notice of claim can be as short as six months.
Who Can Be Held Liable in a Michigan Pedestrian Accident?
Liability in a pedestrian accident is not always limited to the driver who hit you. Depending on the facts of your case, other parties may share responsibility.
Potentially liable parties include:
- The at-fault driver, whose negligence directly caused the collision
- An employer, if the driver was operating a commercial or company vehicle at the time
- A government entity, if a poorly maintained road, missing signage, or defective traffic signal contributed to the accident
- A vehicle manufacturer, if a mechanical defect played a role in the crash
Claims against government entities in Michigan require strict compliance with notice deadlines and procedural rules. Missing those windows can eliminate your right to recover. This is one of many reasons why having experienced legal representation from the start is so important.
What Compensation May Be Available to Pedestrian Accident Victims
No-Fault PIP Benefits
PIP benefits are available to eligible pedestrian accident victims regardless of fault. These benefits may include:
- Payment of medical expenses up to your elected coverage tier
- Wage loss benefits at 85% of gross income for up to three years
- Replacement services up to $20 per day for 3 years
- Attendant care costs if your injuries require in-home assistance
Third-Party Tort Damages
If your injuries meet the serious impairment threshold, you may also pursue a tort claim against the at-fault driver. These damages can include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Excess wage loss beyond what PIP covers
- Future medical expenses not covered by PIP
- Wrongful death damages for families who have lost a loved one
Steps to Take After a Pedestrian Accident in Michigan
What you do in the hours and days following a pedestrian accident can have a real impact on your case. If you are physically able, these steps can help protect your rights:
- Call 911 immediately. Get medical attention even if you feel okay. Some injuries are not immediately apparent.
- Document the scene. Take photos of the vehicle, road conditions, crosswalk markings, and your injuries.
- Collect witness information. Names and phone numbers from anyone who saw what happened can be invaluable.
- Report the accident to your own insurer. Michigan law requires prompt notice of accidents.
- Do not give a recorded statement to the at-fault driver's insurance company without an attorney present.
- Contact a pedestrian accident lawyer as soon as possible. Early involvement allows us to preserve evidence and protect your claim before it is compromised.
How a Pedestrian Accident Lawyer Can Help You
Hiring an attorney is not just about having someone file paperwork. It is about having an experienced advocate who knows how to build and fight a case from day one. Here is what we do for our pedestrian accident clients:
- Investigate the accident thoroughly. We gather police reports, surveillance footage, witness statements, and accident reconstruction analysis when needed.
- Navigate the No-Fault system. We identify which insurer owes PIP benefits and make sure claims are filed correctly and completely.
- Build your third-party tort case. We document your injuries, establish the driver's negligence, and push back hard against any attempt to blame you.
- Handle all insurance communication. You should never have to speak directly with an opposing adjuster. We take that off your plate entirely.
- Calculate the true value of your claim. That includes future medical costs, long-term lost income, pain and suffering, and every other category of harm you have suffered.
- Take your case to trial if necessary. We are trial lawyers. If an insurance company will not offer a fair settlement, we are prepared to fight for you in court.
When the Road Ahead Feels Impossible
A serious pedestrian accident does not end when the ambulance leaves the scene. The weeks and months that follow can feel just as overwhelming: the surgeries, the physical therapy, the mounting bills, the sleepless nights, and the grief that comes with knowing your life may never look the same. We understand that weight. We have sat across from clients carrying it for a long time, and we never take lightly what it means to be trusted with someone's case in a moment like that.
Our job is not just to pursue compensation. It is to carry the legal burden so you do not have to carry it alone. You focus on healing. We focus on fighting. That has always been the Hamo Law way, and it is not going to change.
Take the First Step: Your Free Case Evaluation Awaits
You do not have to figure this out on your own. If you or someone you love was struck by a vehicle in Michigan, we are ready to listen, evaluate your situation honestly, and tell you exactly where you stand. There is no cost to speak with us, and no fee unless we recover on your behalf. When you call, you will talk to an attorney, because that is the only way we know how to do this.
Hamo Law Firm 614 S. Grand Traverse Street, Flint, Michigan 48502
Legal Disclaimer
The information provided in this post is for general educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship between you and Hamo Law Firm. Every case is unique, and past results do not guarantee future outcomes. Michigan No-Fault and personal injury laws are subject to legislative changes. Please consult with a qualified Michigan attorney to understand your specific rights and options.