One moment you are crossing the street. The next, everything changes. A pedestrian struck by a vehicle does not just face broken bones or a hospital stay. They face an insurance company that is already building a case, a legal system that can be difficult to navigate alone, and a recovery that is physical, financial, and emotional all at once.
We have been doing this work for over 40 years, and we can tell you that what happens in the days and weeks after a pedestrian accident matters enormously. Michigan has its own rules, its own insurance laws, and its own way of handling these cases. The steps you take right now can protect your rights or quietly compromise them, often without you even realizing it.
The Most Important Steps to Take Right After the Accident
Get Medical Attention Immediately
Do not wait to see how you feel the next morning. Adrenaline is a powerful thing, and injuries like traumatic brain injury (TBI), internal bleeding, and spinal damage often do not announce themselves right away. Getting evaluated immediately does two things: it protects your health, and it creates a medical record that connects your injuries directly to the accident. That record is foundational to your pedestrian injury claim.
Call the Police and Get a Report
Even if the driver stops and seems cooperative, call 911. A police report creates an official, third-party record of what happened, where it happened, and what the driver said at the scene. Ask for the responding officer's name and badge number, and follow up to get the report number as soon as it is available.
Document Everything You Can
If you are physically able to do so at the scene, gather as much information as possible:
- The driver's full name, license plate number, and insurance information
- Contact information for any witnesses
- Photos of the scene, including the road, crosswalk markings, traffic signals, skid marks, your injuries, and the vehicle
- The name and address of the location
Do Not Give a Recorded Statement to the Insurance Company
This is one of the most important things we tell every client. Insurance adjusters are trained to reach out quickly, often within 24 to 48 hours of an accident. They are not calling to help you. They are calling to gather information that can be used to minimize what they owe you.
You are not required to give a recorded statement, and you should not do so before speaking with an attorney. Even a well-intentioned comment like "I didn't see the car coming" can be twisted to suggest you were not paying attention. Protect yourself.
What Compensation May Be Available to You
The damages available in a pedestrian accident case depend on the specific facts, the severity of your injuries, and the insurance coverage involved. That said, compensation in these cases can cover a broad range of losses.
Under your No-Fault PIP benefits, you may be entitled to:
- Reasonable and necessary medical expenses related to the accident
- A portion of lost wages if your injuries prevent you from working
- Replacement services for household tasks you can no longer perform
In addition to PIP benefits, you may also have the right to file a third-party liability claim against the driver who hit you. In a third-party claim, you could potentially recover:
- Pain and suffering damages
- Excess medical expenses beyond what PIP covers
- Compensation for long-term disability or reduced earning capacity
How Michigan's No-Fault Law Applies to Pedestrians
Michigan's No-Fault Act covers pedestrians who are injured by a motor vehicle. Under the priority rules that determine which insurance company pays your PIP benefits, the order generally works as follows:
- Your own auto insurance policy, if you have one
- A resident relative's auto insurance policy, if you live with someone who has coverage
- The owner or registrant of the vehicle that struck you
- The operator of the vehicle that struck you
The 2019 No-Fault reforms added a significant layer of complexity. Drivers in Michigan can now choose from multiple PIP coverage levels, and some chose to opt out of medical coverage entirely if they have qualifying health insurance. The level of coverage the at-fault driver carries can directly affect what is available to you.
It is also worth understanding the difference between your No-Fault PIP claim and a third-party liability claim. PIP benefits are paid by your own insurer regardless of fault. A third-party claim is separate and is filed against the at-fault driver's liability insurance.
How Fault Can Affect Your Pedestrian Injury Claim
Insurance companies do not surrender money easily. One of their most reliable strategies in pedestrian accident cases is arguing that the pedestrian was at least partially responsible for what happened. We have seen this play out in cases involving crosswalk accidents, mid-block incidents, and situations where a pedestrian had the legal right of way but the insurer tried to manufacture shared blame anyway.
Common arguments insurers make to shift fault onto pedestrians include:
- The pedestrian was not in a designated crosswalk
- The pedestrian crossed against a signal
- The pedestrian was distracted by a phone or headphones
- The pedestrian was wearing dark clothing at night
Under Michigan's modified comparative fault rule, your recovery in a third-party claim could be reduced by your percentage of fault. If you are found to be 51% or more at fault, you may be barred from that recovery entirely. This is why having a disciplined legal team in your corner matters. Our job is to push back on those arguments, investigate the scene, gather the evidence, and make sure the truth of what happened does not get buried under an insurer's version of events.
When to Contact a Pedestrian Accident Lawyer in Michigan
The honest answer is: as soon as possible. Michigan's statute of limitations gives you three years from the date of the accident to file a personal injury lawsuit, and three years in a wrongful death case. But waiting does not serve you. Evidence disappears. Witnesses' memories fade. Surveillance footage gets overwritten. The earlier an attorney gets involved, the better position you are in.
There are also deadlines specific to No-Fault claims. You generally have one year from the date of the accident to submit a written notice of injury for PIP benefits, and one year to file a claim for those benefits. Missing that window can have serious consequences.
Here is what working with us looks like practically:
- We handle all communication with the insurance company so you do not have to
- We investigate the accident independently and gather evidence on your behalf
- We identify every available source of coverage and compensation
- We take pedestrian accident cases on a contingency fee basis, which means you pay nothing unless we recover for you
- You speak directly with your attorney, not a rotating cast of assistants
What We Carry Across the Bridge for You
A pedestrian accident does not just injure a body. It upends a life. There are bills that start arriving before you are even out of the hospital. There is a job you may not be able to return to. There is a driver whose insurance company is already working against you while you are still trying to understand what happened.
George Hamo built this firm on the belief that people in their worst moments deserve more than a form letter and a paralegal. Alex Hamo carries that same belief into every case we take. When you call us, you talk to your attorney. When something happens in your case, we tell you. That is not a marketing line. It is how we have always practiced law, and it is why so many of our clients become people we stay connected to long after the case is over.
Your Next Step Starts With One Phone Call
You do not have to figure this out alone. If you or someone you love was hit by a car as a pedestrian in Michigan, we want to hear from you. A free case evaluation is not a sales pitch. It is a real conversation with an attorney who will listen, ask the right questions, and give you an honest picture of where you stand.
We represent clients across Michigan, and we work on a contingency fee basis. There is no cost to speak with us, and no fee unless we recover for you.
Hamo Law Firm 614 S. Grand Traverse Street, Flint, Michigan 48502
810-234-3667
The information provided in this blog is for general educational purposes only and does not constitute legal advice or create an attorney-client relationship. Every case is unique, and past results do not guarantee future outcomes. Michigan No-Fault laws and personal injury statutes are subject to change. Please contact a qualified attorney to understand your specific rights.
