When a vehicle strikes a pedestrian, the outcome is almost never minor. There is no metal frame around you, no seatbelt, no airbag. There is just you and the force of a vehicle that may weigh thousands of pounds. The injuries that result are among the most severe seen in any personal injury case, and the road to recovery can be long, painful, and financially devastating.
Many victims are still hospitalized or in the early stages of recovery when they begin to realize they need legal help. And many are blindsided to learn that the driver's insurance company has already been working on the claim, gathering information and building a narrative that may place some or all of the blame on the pedestrian. You were jaywalking. You stepped out suddenly. You were looking at your phone. These are the arguments that get deployed quickly, and they are designed to reduce or eliminate what the driver owes you.
At Hamo Law Firm, we represent pedestrian accident victims across Michigan and we know exactly how to respond to those arguments. We build cases grounded in evidence, counter unfair blame with facts, and fight insurance companies that try to minimize what seriously injured people deserve. If a driver hit you, you have rights, and we are ready to defend them.
Michigan's No-Fault Law and Pedestrian Accidents
Unlike cyclists, pedestrians in Michigan are actually entitled to Personal Injury Protection benefits under the no-fault system, even though they were not inside a vehicle when they were struck. This is an important protection, but navigating which insurer is responsible for paying those benefits requires understanding Michigan's priority hierarchy.
The order in which insurers are responsible for a pedestrian's PIP benefits is:
- The pedestrian's own auto insurance, if they have a policy in their own name
- A resident relative's auto insurance, if the pedestrian lives with someone who carries Michigan no-fault coverage
- The vehicle owner's or driver's no-fault insurer, when the pedestrian has no household coverage available
- The Michigan Assigned Claims Plan, which provides limited benefits as a last resort when no other coverage exists
Common Causes of Pedestrian Accidents in Michigan
Most pedestrian accidents are caused by driver negligence, not pedestrian error. The causes we see most frequently include:
- Distracted driving, including phone use, in-vehicle entertainment, and other inattentive behavior that causes a driver to miss a pedestrian entirely
- Failure to yield at crosswalks and intersections, where drivers are legally required to stop for pedestrians but fail to do so
- Running red lights and stop signs, which creates direct collision paths with pedestrians who are crossing lawfully
- Speeding in residential areas, school zones, and parking lots, which reduces reaction time and dramatically increases the severity of any impact
- Backing over pedestrians in parking lots, driveways, and garages, where drivers fail to check behind their vehicle before reversing
- Impaired driving, where an intoxicated or drug-affected driver has severely compromised awareness and reaction time
- Poor visibility conditions, including nighttime driving, inadequate street lighting, and inclement weather that reduces a driver's ability to see pedestrians in time
Who Can Be Held Liable in a Pedestrian Accident?
In most cases, the driver who struck the pedestrian bears primary liability. But depending on the circumstances, other parties may also be responsible.
- The at-fault driver is the primary defendant in the vast majority of pedestrian accident cases, and their liability insurance is the primary source of compensation for pain, suffering, and long-term losses
- A vehicle owner may bear liability through negligent entrustment if they knowingly allowed an unqualified, impaired, or unlicensed driver to operate their vehicle
- A municipality or government entity may be liable when a dangerous crosswalk condition, broken or malfunctioning traffic signal, missing pedestrian signage, or inadequate street lighting contributed to the accident. Note that claims against government entities require a notice of intent filed within 120 days of the accident, making prompt legal consultation essential
- A property owner may bear liability when a failure to maintain safe access points, adequate lighting, or clear sightlines between their property and the roadway contributed to the crash
What Compensation Can You Recover?
Pedestrian accident cases can involve two distinct streams of compensation that work together to cover the full scope of your losses.
Through PIP benefits, you may recover:
- Medical expenses related to your injuries, both immediate and ongoing
- A portion of lost wages if your injuries prevent you from working
- Replacement services for household tasks you can no longer perform
Through a third-party liability claim against the at-fault driver, you may recover:
- Pain and suffering, including physical pain, emotional distress, and diminished quality of life
- Full lost wages and loss of earning capacity, beyond what PIP covers
- Permanent disability and disfigurement as distinct categories of compensable harm
- Attendant care for those who require ongoing in-home assistance as a result of their injuries
- Wrongful death damages for surviving family members, including loss of financial support, funeral expenses, and loss of companionship
Why Choose Hamo Law for Your Pedestrian Accident Case
We Counter Pedestrian Bias and Establish Liability Clearly
The argument that the pedestrian was at fault is predictable, and we prepare for it from day one. We gather evidence, analyze the scene, work with accident reconstruction specialists when needed, and build the factual record that puts responsibility where it belongs.
We Navigate Michigan's No-Fault Rules on Your Behalf
Determining which insurer owes PIP benefits and making sure those benefits are paid in full while simultaneously pursuing a third-party claim requires knowledge of Michigan's no-fault priority rules and how they interact with your specific situation. We handle that analysis so you do not have to figure it out while recovering from serious injuries.
We Go Up Against Insurers That Try to Minimize Pedestrian Claims
Insurance companies know that pedestrian accident claims can be significant, and they invest in minimizing them. We deal with the insurers directly, we push back against lowball offers, and we take cases to litigation when that is what it takes to secure a fair result.
Statewide Representation with Personal Attention
We represent pedestrian accident victims throughout Michigan. You work directly with attorneys who know your case and are committed to your outcome from start to finish.
No Fee Unless We Win
You pay us nothing unless we recover compensation for you. There is no cost to calling us and no financial risk to getting experienced representation working for you right away.
What to Do After a Pedestrian Accident in Michigan
- Get emergency medical care immediately. This is the priority above everything else. Even injuries that do not feel severe in the moment may be serious. A prompt medical record also directly connects your injuries to the accident.
- Call the police and make sure an official accident report is filed before anyone leaves. Get the report number.
- Document the scene if you are physically able. Photograph the vehicle, road conditions, crosswalk markings or their absence, traffic signals, street lighting, and your injuries. If bystanders witnessed the accident, get their contact information.
- Get the driver's information, including their name, insurance information, license plate, and driver's license number.
- Do not give a recorded statement to the driver's insurance company before speaking with an attorney. These statements are used to minimize your claim.
- Notify your own auto insurer if you have one. Michigan's no-fault priority rules may mean your own policy is responsible for your PIP benefits, and timely notification is required.
- Contact Hamo Law as soon as possible. Surveillance footage disappears quickly, witnesses are easier to reach early, and the sooner we are involved, the stronger your case will be.
You Were on Foot. They Were Behind the Wheel. When Their Negligence Changes Your Life, We Fight to Make It Right.
A pedestrian accident can upend everything in a matter of seconds. You deserve an attorney who will take that seriously and fight as hard as necessary to hold the responsible party accountable. That is what Hamo Law does.
Consultations are free, there is no obligation, and you pay nothing unless we win. Call us today at 810-234-3667, email us at ahamo@hamolaw.com, or visit our office at 614 S. Grand Traverse Street, Flint, Michigan 48502. You can also fill out our contact form and a member of our team will reach out to you promptly.
Relentless Advocacy. Compassionate Counsel.
