Attorney Joumana Kayrouz

Pedestrian Accidents

Auto & Roadway Accidents

A person on foot against a car is never a fair fight.

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Overview

A pedestrian struck by a vehicle has no protection, and in Michigan those injuries are often severe, but No-Fault benefits and a claim against the driver can both apply.

Pedestrian Accidents

Injured as a Pedestrian in Michigan? You Have Rights

A person walking across the street has almost no protection against thousands of pounds of moving metal. A pedestrian accident can cause devastating injuries in seconds. Then come the medical bills, missed work, insurance calls, and questions about what happens next.

At Joumana Law, we represent people whose lives have been changed by preventable injuries. If a driver hit you or someone you love, you may have legal options. Our team can investigate what happened, identify potentially responsible parties, and help you understand your rights under Michigan law.

Pedestrian Accidents Can Happen Almost Anywhere

Pedestrian crashes are not limited to busy intersections. They happen in parking lots, neighborhoods, school zones, construction areas, and along Michigan roads. What these accidents often share is a dangerous imbalance. A driver has a vehicle surrounding them. The pedestrian does not.

Crosswalk Accidents

Drivers must pay attention to pedestrians lawfully using intersections and crosswalks. Under Michigan law, drivers making certain movements at traffic signals must yield to pedestrians lawfully within an intersection or adjacent crosswalk.

Crosswalk crashes may involve:

  • Drivers turning without checking for pedestrians
  • Drivers entering a crosswalk before stopping
  • Distracted or inattentive driving
  • Failure to yield while turning
  • Drivers proceeding through traffic signals unsafely
  • Poor visibility at intersections

Michigan’s traffic laws also regulate pedestrian movement at traffic signals. The exact rights and responsibilities of each person depend on the circumstances. A marked crosswalk does not physically protect someone from an inattentive driver. That makes careful investigation important when an accident occurs.

Parking Lot Pedestrian Accidents

Parking lots can create constant conflicts between vehicles and people. Drivers back out of spaces while shoppers, employees, and children move between parked cars. Common parking lot accidents may involve:

  • Drivers backing into pedestrians
  • Drivers moving too quickly through parking aisles
  • Distracted drivers
  • Limited visibility around parked vehicles
  • Drivers failing to watch for people entering or leaving stores
  • Unsafe property conditions that contribute to an accident

Liability in a parking lot accident depends on how the collision occurred. In some cases, more than one party may need to be investigated.

School-Zone Accidents

Children should be able to walk to school without being placed in unnecessary danger. Yet school zones combine young pedestrians, buses, cars, bicycles, and heavy traffic in a limited area. A serious accident may happen when a driver:

  • Speeds through the area
  • Drives while distracted
  • Fails to notice a child crossing
  • Makes an unsafe turn
  • Ignores traffic controls
  • Drives carelessly during busy arrival or dismissal periods

Cases involving injured children deserve careful attention. Their medical needs and long-term consequences can differ significantly from those of adults. Families need answers about more than today’s medical bills. They may need to understand how an injury could affect their child’s future.

Jogger and Runner Accidents

Michigan runners and joggers may encounter vehicles at intersections, driveways, neighborhood streets, and other locations. A driver who is not paying attention may never see the runner until it is too late. These accidents may happen when drivers:

  • Turn without looking for approaching pedestrians
  • Exit driveways without checking carefully
  • Drive while distracted
  • Fail to maintain a proper lookout
  • Travel too fast for existing conditions

Insurance companies may focus heavily on where the runner was located before the crash. That does not mean the insurer’s version determines legal responsibility. The complete circumstances matter. Evidence can help establish what both the driver and pedestrian were doing before impact.

Roadside Worker Accidents

Some people have to work only a few feet from moving traffic. Construction workers, utility crews, tow operators, emergency personnel, and other roadside workers face serious risks. Michigan law includes specific rules concerning drivers in work zones. For example, drivers must comply with authorized traffic direction from properly trained and equipped workers in qualifying work zones.

A roadside worker accident may involve:

SpeedingDistracted drivingUnsafe lane changesFailure to follow traffic directionsImpaired drivingFailure to slow for road or work conditions

An injured employee may also face questions involving workers’ compensation and possible claims against third parties. These issues can overlap, so each potential source of responsibility should be examined carefully.

Hit-and-Run Pedestrian Accidents

Few situations feel more unjust than being seriously injured by someone who simply drives away. The victim may be left wondering how anyone can be held responsible. A hit-and-run does not automatically mean there are no options. The investigation may include searching for:

WitnessesTraffic camerasBusiness surveillance footageDoorbell camerasVehicle debrisPhotos or videos from nearby driversIdentifying details about the vehicleOther evidence from the scene

Insurance coverage should also be reviewed carefully. Michigan’s no-fault rules can affect how certain benefits are claimed by people injured while outside a vehicle. Report a hit-and-run promptly when possible. Evidence can disappear quickly, especially surveillance footage that businesses routinely overwrite.

Why Pedestrian Accidents Cause Such Serious Injuries

Pedestrians do not have seat belts, airbags, or a vehicle frame protecting them. Their bodies can absorb the direct force of impact. They may also suffer a second impact after being thrown onto pavement or another object. That combination can cause severe or life-changing injuries.

Common pedestrian accident injuries include:

Traumatic brain injuriesConcussionsSpinal cord injuriesNeck and back injuriesBroken or crushed bonesInternal injuriesNerve damageAmputationsSevere cuts and road rashScarring and disfigurementPsychological traumaPermanent disability

Some injuries are immediately obvious. Others develop or become better understood after medical evaluation and continued treatment. A brain injury, for example, may affect memory, concentration, mood, sleep, and the ability to work. A spinal injury can change mobility and independence.

For some families, the consequences are permanent. When a pedestrian dies because of another person’s wrongful conduct, Michigan law may allow a wrongful death action.

Who May Be Responsible for a Michigan Pedestrian Accident?

The driver who struck the pedestrian is often the first person investigated. However, a thorough investigation should not necessarily stop there. Depending on the facts, potentially responsible parties may include:

  • A negligent driver: Speeding, distraction, impairment, unsafe turns, or other careless conduct may contribute to a collision.
  • A commercial driver’s employer: An employer may face liability in certain circumstances involving an employee’s conduct.
  • A vehicle owner: Ownership and insurance issues can affect a claim depending on the circumstances.
  • A property owner or other responsible party: Dangerous property conditions may contribute to some parking lot or premises-related accidents.
  • A vehicle or product manufacturer: A defective vehicle or component could become relevant in certain cases.
  • A governmental entity: Government liability may arise in limited circumstances, subject to special Michigan rules and immunities.

Multiple failures can contribute to the same accident. A driver may have been distracted while another dangerous condition made the collision more likely. That is why investigation matters. The goal is to understand the complete chain of events, not simply accept the first explanation offered.

What If the Driver Says the Pedestrian Was at Fault?

Being blamed after you were hit can be infuriating. It can also make an injured person believe there is no reason to speak with an attorney. Do not assume an insurance company’s allegation settles the question. Michigan uses comparative-fault principles in personal injury cases. Under MCL 600.2959, damages can be reduced based on an injured person’s percentage of comparative fault. If that person’s fault exceeds the combined fault of others, noneconomic damages may not be awarded.

Disputes can arise over questions such as:

Whether the pedestrian was inside a crosswalkWhich person had the traffic signalWhether the pedestrian was visibleWhether the driver was speedingWhether either person was distractedWhere the pedestrian entered the roadwayWhether the driver had enough time to react

Evidence matters in these disputes. Witness statements, video, physical evidence, vehicle data, and other information can help establish what actually happened. Do not decide that you have no claim simply because someone says you were partly responsible. A lawyer can evaluate how Michigan law may apply to the facts.

What Compensation May Be Available After a Pedestrian Accident?

A serious pedestrian injury can affect nearly every part of someone’s life. Medical expenses may only represent one part of the loss. Depending on the facts and applicable Michigan law, recoverable losses may involve:

Medical expensesRehabilitation expensesLost incomeCertain future financial lossesPain and sufferingDisabilityLoss of functionScarring or disfigurementOther legally recoverable damagesWrongful death damages in fatal cases

Michigan’s no-fault system can also affect which benefits are available after a motor vehicle accident. Different legal rules can apply to different categories of losses. For noneconomic damages arising from motor vehicle use, Michigan law generally requires death, serious impairment of body function, or permanent serious disfigurement. The law contains specific requirements for determining what qualifies as a serious impairment.

Every injury should be evaluated based on its actual effect on the person’s life. Two people with similar diagnoses may experience very different consequences.

Michigan No-Fault Insurance and Pedestrian Accidents

Michigan’s no-fault system can be confusing even after a typical car crash. A pedestrian accident can create additional questions because the injured person was not inside a vehicle. Under MCL 500.3115, a person injured while not occupying a motor vehicle generally claims personal protection insurance benefits through Michigan’s Assigned Claims Plan. An exception applies under another part of Michigan’s statutory priority rules.

This means an injured pedestrian should not assume there is no coverage because they were walking. It also does not mean every pedestrian follows an identical claims process. Potential no-fault issues may include:

  • Which insurer or program is responsible for the claim
  • What PIP benefits may apply
  • Whether medical expenses qualify for coverage
  • Whether wage-loss benefits may be available
  • Whether other statutory benefits apply
  • What documentation must be submitted
  • Which deadlines apply to the insurance claim

A no-fault benefits claim is also different from a liability claim against an at-fault driver. One may involve statutory insurance benefits. The other may seek damages allowed under Michigan tort law. Understanding that distinction can prevent costly confusion after a serious pedestrian accident.

What to Do After Being Hit by a Vehicle

The moments after a pedestrian accident can be chaotic. Your safety and medical needs should come first. If circumstances allow, several steps may also help preserve important evidence:

  • Call 911. Ask for police and medical assistance.
  • Seek medical care. Do not minimize pain or symptoms after a serious impact.
  • Get driver information. Obtain identifying and insurance information when possible.
  • Identify witnesses. Ask for names and contact information.
  • Photograph the area. Capture vehicles, traffic signals, crosswalks, signs, lighting, and visible injuries when safely possible.
  • Look for cameras. Nearby homes and businesses may have recorded the collision.
  • Preserve your records. Keep medical bills, employment documents, receipts, and related correspondence.
  • Be careful discussing fault. You may not yet know everything that contributed to the collision.
  • Consider speaking with an attorney. Important insurance and legal deadlines can apply.

You do not need to conduct a legal investigation from a hospital bed. However, early preservation of evidence can become extremely important. This is especially true after a hit-and-run. Video that could identify a vehicle may exist for only a limited time.

How Joumana Law Investigates a Pedestrian Accident

A pedestrian accident case is about more than filling out insurance forms. Building a claim can require determining what happened, why it happened, and who bears legal responsibility. At Joumana Law, an investigation may involve:

  • Obtaining police and crash reports
  • Interviewing witnesses
  • Seeking available surveillance footage
  • Preserving photographs and video
  • Reviewing physical evidence
  • Examining relevant medical records
  • Investigating potentially responsible parties
  • Evaluating applicable insurance coverage
  • Consulting qualified experts when appropriate
  • Documenting how injuries affect daily life and work
  • Evaluating future medical and financial consequences

Commercial vehicle cases may require additional investigation. Relevant evidence could involve employment records, company policies, vehicle information, or other materials. Evidence can disappear. Memories fade, video gets erased, vehicles are repaired, and physical conditions change.

Early investigation can help preserve a clearer picture of what occurred.

Why Injured Pedestrians Turn to Joumana Law

For Joumana Kayrouz, personal injury law is about people who were harmed and need someone willing to stand beside them. Her commitment to advocacy grew from seeing injustice, inequality, and hardship from a young age. That experience shaped a legal philosophy centered on protecting victims and demanding accountability. Compensation matters because an injury has real financial and human consequences.

Accountability matters too. Preventable injuries can expose unsafe choices, dangerous practices, and failures that should not simply be ignored. At Joumana Law, our approach is built around:

  • Listening first. Your injury is personal, and your story matters.
  • Investigating carefully. We look beyond assumptions to understand what happened.
  • Fighting for accountability. Responsible parties and insurers should answer for the harm their conduct caused.
  • Communicating clearly. You deserve explanations you can understand.
  • Respecting every client. Your background, language, or community should never become a barrier to being heard.

Joumana Law is rooted in Michigan and committed to serving injured people from diverse communities. Our goal is simple: give injured people a strong voice when they need one most.

You Should Not Have to Carry the Consequences Alone

A pedestrian accident can change someone’s life before they have time to understand what happened. Injuries may affect work, mobility, independence, finances, and the people who depend on them. Those consequences deserve to be taken seriously.

You also deserve answers about why the collision happened and who may be responsible. Joumana Law can investigate the facts and help you understand your legal options. You do not have to accept an insurer’s version of events without asking questions.

Let Joumana Law Fight for the Answers and Justice You Deserve

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Free ConsultationTalk to Joumana KayrouzCall now or send us your case. Your consultation is free, and you pay no fee unless we win.866-YOUR-RIGHTS248-557-3645Free case reviewLaw Offices of Joumana Kayrouz, P.L.L.C.
24370 Northwest Highway
Southfield, MI 48075

Legal Disclaimer

Every case is different. This page provides general educational information and is not legal advice. The existence, value and legal viability of any claim depend on the particular facts, applicable law, insurance coverage and jurisdiction. Listing a case type does not mean Joumana Law will accept or directly handle every matter. Depending on the circumstances, location and legal issues involved, the firm may work with qualified co-counsel or refer a matter to another attorney. Prior results do not guarantee a similar outcome. Speak with a lawyer about your individual rights and any deadlines that may apply.

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Frequently Asked

Answers before you ask.

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Can I Recover Compensation If I Was Not in a Crosswalk?

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Potentially. Being outside a marked crosswalk does not automatically answer every question about fault or legal recovery.

Michigan’s comparative-fault rules may affect a claim. The driver’s speed, attention, visibility, location, and other circumstances may also matter.

Do Pedestrians Always Have the Right of Way in Michigan?

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No. The rules depend on where the pedestrian and vehicle are located and which traffic controls apply.

Michigan law gives pedestrians specific rights at traffic signals and crosswalks. It also imposes responsibilities on pedestrians. Local traffic regulations may matter in some situations.

What Happens If a Pedestrian Accident Results in Death?

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Michigan’s Wrongful Death Act allows an action when a person’s death is caused by another party’s wrongful act, neglect, or fault. The action is generally brought by the deceased person’s personal representative.

The loss of a family member can never be reduced to a legal claim. However, the law may provide a way to pursue accountability and legally recoverable damages.

How Long Do I Have to File a Pedestrian Accident Lawsuit in Michigan?

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Michigan generally provides a three-year limitations period for actions seeking damages for personal injury or death under MCL 600.5805. However, different claims and circumstances can carry different requirements or deadlines.

Insurance claims may also have separate notice and filing requirements. Do not rely on a general deadline without having your particular situation evaluated.

Can I Have a Case If I Was Partially Responsible?

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Possibly. Michigan’s comparative-fault law can reduce damages according to an injured person’s share of responsibility.

If the injured person’s fault is greater than the combined fault of others, Michigan law bars noneconomic damages. Economic damages can still be subject to reduction. The precise effect depends on the claim and facts.

What If I Do Not Own a Car or Have Auto Insurance?

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Do not assume that means no benefits are available. Michigan law specifically addresses certain people injured by motor vehicles while they are not vehicle occupants.

The correct source of benefits depends on the circumstances. Identifying that source can be an important early step.

Does Michigan No-Fault Insurance Cover Injured Pedestrians?

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Michigan’s no-fault law includes provisions addressing people injured while they are not occupants of motor vehicles. The applicable source of PIP benefits depends on statutory priority rules and individual circumstances.

MCL 500.3115 generally directs qualifying non-occupant claims to the Michigan Assigned Claims Plan, subject to the statutory exception. A lawyer can help determine which rules apply to a particular accident.

What Happens If the Driver Who Hit Me Fled?

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Call police and report the crash as soon as possible. Provide any details you remember about the vehicle or driver.

Witnesses and nearby cameras may help identify a hit-and-run vehicle. Insurance options may also exist even if the driver is never identified.

Who pays my medical bills after a Michigan car accident?

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Michigan's No-Fault system generally pays for medical care and a portion of lost wages after a crash, regardless of who was at fault. We help you file those benefits on time and coordinate them with any claim against the at-fault driver.

What should I do after a car accident in Michigan?

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Get medical attention, call the police, and exchange information at the scene. Take photos if you can, report the crash to your insurer, and be careful about giving a recorded statement before you speak with a lawyer.

When should I contact a lawyer after an injury?

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As soon as you can. Early involvement helps protect evidence, avoid mistakes with insurers, and keep your claim on track before important deadlines pass.

What documents should I keep?

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Keep anything related to the incident and your recovery: medical records and bills, photos, the police or incident report, insurance letters, and a simple record of missed work and out-of-pocket costs.

What if the at-fault driver was uninsured?

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You may still have options, such as uninsured or underinsured motorist coverage under your own policy. We can review your coverage and explain the paths available to you.

How will I pay my medical bills while my case is pending?

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Depending on your situation, options may include your own health insurance, No-Fault benefits, or arrangements with providers. We can help you understand what may be available while your case moves forward.

The insurance company already offered me a settlement. Should I accept it?

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Early offers are often lower than what a claim may be worth, and accepting one can waive your right to seek more. Let us review the offer for free before you decide.

Should I talk to the insurance company myself?

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Be careful. Insurance adjusters may ask for recorded statements or push for a quick, low settlement. It is usually best to speak with a lawyer before giving a statement or signing anything.

What is Michigan No-Fault insurance?

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Michigan has a No-Fault auto insurance system, which affects how medical bills and certain losses are covered after a crash. The rules are detailed and have changed in recent years, so we can explain how they apply to your situation.

What types of cases does the firm handle?

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We handle a wide range of personal injury matters, including car and truck accidents, motorcycle accidents, medical malpractice, wrongful death, slip and fall, dog bites, and other serious injury claims.

Do you handle cases outside Michigan?

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Our home is metro Detroit and we serve clients throughout Michigan, and we also represent clients nationwide. Where a matter requires it, we coordinate with local counsel.

What if I was partly at fault?

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You may still be able to recover compensation even if you were partly at fault. Michigan law can reduce a recovery based on your share of fault, so it is worth having us review the details.

How long does a personal injury case take?

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It depends on the complexity of the case, the injuries involved, and whether the other side is willing to settle fairly. Some cases resolve in months, others take longer. We work to move your case as efficiently as possible.

Do I have to go to court?

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Many personal injury cases settle without a trial. If a fair settlement cannot be reached, we are prepared to take your case to court. We will explain your options at every step.

What is my case worth?

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Every case is different. Value depends on factors like medical costs, lost income, the severity of your injuries, and their long-term impact. We can review your situation for free and give you an honest assessment.

What should I do right after an accident?

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Get medical attention first, even if you feel fine. Then, if you can, document the scene, keep records of your treatment and expenses, and be careful about giving recorded statements to insurers before speaking with a lawyer.

How long do I have to file a personal injury claim?

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Michigan sets filing deadlines, called statutes of limitation, that vary by the type of case. Because missing a deadline can end your claim, it is best to contact us as soon as possible so we can review the timeline that applies to you.

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Tell us what happened. Your consultation is free, and you pay no fee unless we win.

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