Michigan Personal Injury Lawyers Fighting For The Injured

Can Injured Pedestrians be Held at Fault for Pedestrian Accidents?

In cases of pedestrian accidents, it is very rare that the pedestrian does not sustain the most significant injuries. Drivers who are involved in pedestrian accidents rarely sustain any injuries, and if they do, their injuries are minor. However, this does not mean that drivers are always at fault for pedestrian accidents. Yes, this is often the case, but it is possible for pedestrians to contribute to their own injuries as well. This can impact the way that a pedestrian accident claim progresses and the benefits that an injured pedestrian is entitled to.

Ways That a Pedestrian May Contribute to Their Own Injuries

When driving, looking out for pedestrians can save lives. It is important for drivers to constantly be aware of their surroundings and to react quickly to dangers.

Pedestrians must look out for themselves as well. Pedestrian safety is crucial to practice in case there is a driver who is not taking all of the precautions they should. Hazardous pedestrian behavior can throw off even the safest of drivers, contributing to pedestrian accidents.

A pedestrian may be partially at fault for their own injuries if they:

  • Jaywalked
  • Crossed the road without a signal
  • Crossed the road too quickly or too slowly
  • Were looking at their phone while crossing the street
  • Were standing in the road without moving
  • Walked at night and did not make themselves visible to drivers
  • Walked in areas not approved for pedestrians

How Pedestrian Accident Damages are Covered

Michigan drivers are covered by no-fault insurance, so you should be able to file a claim with your own car insurance company if you are injured in a pedestrian accident. If you do not drive or do not have a car insurance policy, it’s possible that the at-fault driver’s insurance company will provide coverage for you. You may also have the option to file a claim against the driver to receive coverage for non-economic damages in addition to financial damages.

Comparative Negligence Laws Can Impact the Benefits Available to Pedestrians

If a pedestrian is partially at-fault for their own injuries, the benefits available to them may be reduced. Under comparative negligence laws, partially liable plaintiffs can have their compensation reduced according to their degree of fault.

For example, a pedestrian who was jaywalking may be considered 40% at fault for their injuries. If their damages totaled $100,000, their compensation would be reduced by 40% and they would be given $60,000 in compensation instead.

Comparative negligence applies even if a plaintiff is over 50% at fault for their own injuries, unless non-economic damages are considered. For non-economic damages, recovery of compensation is prohibited if the plaintiff is over 50% at fault.

Please contact Goodman Acker P.C. if you or a loved one was injured in a pedestrian accident. We will fight to get you the care and compensation you need!

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