Michigan Pedestrian Accident Attorney

Pedestrians struck by motor vehicles face some of the most catastrophic and life-altering injuries in personal injury law. With no seatbelt, no airbag, and no steel frame for protection, the human body absorbs the full force of impact. At Jalal Abdallah Law PLLC, we fight for pedestrian accident victims and their families across Southfield, Detroit, Dearborn, and all of Michigan — helping them understand their rights, navigate the insurance system, and recover the full compensation they deserve.

After a pedestrian accident, our legal team will tell you:

• What you should do immediately after a pedestrian accident to protect your health and your claim
• Whether your own car insurance policy provides PIP coverage for your pedestrian injuries
• Whether you should speak with the driver’s insurance adjuster — and what to say if you do
• How to get your medical bills paid and what the no-fault system covers
• What to do if the at-fault driver claims the accident was your fault
• How comparative fault affects your claim even if you were partially responsible
• How much your case may be worth in a settlement or at trial

Pedestrian Accidents and Michigan’s No-Fault System

Michigan is a no-fault insurance state — and this applies to pedestrians, not just drivers. If you are struck by a motor vehicle in Michigan, you are entitled to Personal Injury Protection (PIP) benefits regardless of who caused the accident. These benefits cover medical expenses, 85% of lost wages for up to three years, replacement services, and attendant care.

The insurance company responsible for paying your PIP benefits as a pedestrian follows Michigan’s order of priority:

• First — your own auto insurance policy, if you have one
• Second — the auto insurance of your spouse or a resident relative you live with
• Third — the auto insurance of the vehicle that struck you
• If no coverage is available — the Michigan Assigned Claims Plan (MACP), which provides PIP benefits up to the applicable cap

You do not need to own a car or have auto insurance to receive PIP benefits after a pedestrian accident in Michigan. If no coverage applies through the priority chain, the MACP assigns an insurer to cover your benefits. An attorney identifies the correct source of benefits for your specific situation and ensures your claim is filed correctly and on time.

When Pedestrian Accident Injuries Are Serious — Get Legal Help

Most pedestrian collisions result in significant, often catastrophic injuries — traumatic brain injuries, spinal cord damage, multiple fractures, internal injuries, and permanent disability. When a pedestrian accident results in serious injury or death, PIP benefits alone are rarely sufficient. To pursue pain and suffering, excess medical expenses, and full compensation, you must file a separate liability claim against the at-fault driver.

To recover non-economic damages in Michigan, your injuries must meet the threshold under MCL 500.3135 — demonstrating death, permanent serious disfigurement, or serious impairment of a bodily function that affects your ability to lead your normal life. Given the severity of injuries in most pedestrian accidents, this threshold is frequently met — but it must be properly documented and legally established.

When you speak with Jalal Abdallah Law, you will learn:

• Whether you have a valid personal injury claim against the at-fault driver
• How your medical bills will be paid and which insurance applies in your specific situation
• How the at-fault driver’s bodily injury liability coverage applies to your damages
• What evidence and documentation you need to support your claim
• What you can realistically expect throughout the claims and litigation process
• What your case may be worth in a settlement or jury verdict

Driver Duties and Pedestrian Rights Under Michigan Law

Michigan law places clear legal obligations on drivers to protect pedestrians. Under MCL 257.655, drivers approaching a marked crosswalk must stop and yield the right of way to any pedestrian in that crosswalk. Drivers must also exercise due care for the safety of pedestrians at all intersections and in all circumstances where a pedestrian is present.

Common causes of pedestrian accidents we handle include distracted driving, failure to yield at crosswalks, speeding in pedestrian zones, drunk or impaired driving, running red lights or stop signs, backing over pedestrians in parking areas, and poor road or intersection design. When any of these factors are present, the driver — and potentially other parties — bear legal liability for the injuries that result.

What If the Accident Was Partially My Fault?

Michigan follows a modified comparative fault rule under MCL 600.2959. Even if you were partially responsible for the accident — jaywalking, crossing outside a crosswalk, or not paying attention — you can still recover compensation as long as you were not more than 50% at fault. Your compensation is reduced proportionally by your percentage of fault. PIP benefits are not affected by comparative fault at all.

Insurance companies aggressively try to assign fault to injured pedestrians to reduce what they owe. Do not accept their characterization of events without legal advice. An attorney investigates the accident independently and ensures fault is determined accurately based on the evidence.

Contact Jalal Abdallah Law today for a free consultation. No upfront fees — we only get paid if you win.

Frequently Asked Questions