- August 25, 2020
- Car Accidents
- Pedestrian Accidents
- Personal Injury
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:
- 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!
Complete our contact form or call (248) 286-8100 to schedule a free consultation with our attorneys.