A Sterling Heights pedestrian accident lawyer at Goodman Acker represents people who were struck by vehicles while walking, jogging, or crossing the street in Macomb County.
Pedestrian collisions with cars and trucks produce some of the most severe injuries in personal injury law because the human body absorbs the full force of impact with no protection.
Michigan’s No-Fault insurance system and third-party liability rules create two separate tracks for recovering compensation after a pedestrian accident. Both involve deadlines, and both require an attorney who understands how these claims work in Macomb County courts.
We handle the insurance process, the medical documentation, and the liability case from our office at 13854 Lakeside Circle in Sterling Heights. Call 248-483-5000 to talk through your pedestrian accident claim at no cost.
Goodman Acker’s Pedestrian Accident Experience in Michigan
Our attorneys have recovered millions in pedestrian accident cases across the state, including a $3 million pedestrian accident settlement in Ingham County and a $1.925 million settlement for the wrongful death of a pedestrian struck on the Lodge Freeway.
We also recovered $900,000 and $800,000 in separate Wayne County pedestrian cases. Although past results do not guarantee future outcomes, those recoveries reflect how seriously we approach cases where a vehicle strikes someone on foot.
Why Pedestrian Cases Demand a Specific Approach
Pedestrian injury claims involve a different set of medical, legal, and insurance issues than a typical two-car collision.
The injuries are more severe. The medical costs are higher. And the insurance company often looks for any reason to argue the pedestrian contributed to the crash by jaywalking, wearing dark clothing, or stepping off a curb too quickly.
We counter those arguments with physical evidence, traffic engineering analysis, and witness testimony that puts responsibility where it belongs: on the driver who failed to yield, ran a light, or was not paying attention.
Contingency Fee From Our Sterling Heights Office
We take pedestrian accident cases on a contingency fee basis from our office at 13854 Lakeside Circle in Sterling Heights. You pay no attorney fees up front. If the case does not result in a recovery, you owe us nothing for our time.
Who Pays When a Pedestrian Gets Hit by a Car in Michigan?
Michigan’s No-Fault insurance law (MCL 500.3101 et seq.) creates a two-track system for pedestrians injured by vehicles.
Your own auto insurance pays certain benefits regardless of fault, and the at-fault driver’s insurer may owe additional compensation for pain and suffering if your injuries meet the legal threshold.
No-Fault PIP Benefits for Injured Pedestrians
If you carry your own auto insurance policy with Personal Injury Protection (PIP), that policy pays your medical expenses, a portion of your lost wages, and replacement services for household tasks you cannot perform.
If you do not have your own auto policy, you may receive PIP benefits through a spouse’s or household member’s policy, the driver’s policy, or the Michigan Assigned Claims Plan under MCL 500.3114 and MCL 500.3115.
The Third-Party Claim for Pain and Suffering
Michigan law also allows an injured pedestrian to file a third-party claim against the at-fault driver if the injuries meet the serious impairment of body function threshold under MCL 500.3135.
Pedestrian injuries frequently meet this standard because vehicle-versus-pedestrian crashes produce broken bones, head trauma, and internal injuries at much higher rates than car-on-car accidents.
That third-party claim is where compensation for physical pain, emotional distress, and long-term disability enters the picture.
Why Do Pedestrian Crashes on Sterling Heights Roads Cause Such Severe Injuries?
Pedestrian accidents produce catastrophic injuries because the human body has no protection against a moving vehicle.
A car traveling at 30 miles per hour transfers enough force to cause life-altering damage, and many Sterling Heights arterial roads have posted speeds of 40 to 50 miles per hour.
The pedestrian injuries we see most often in Macomb County claims include:
- Traumatic brain injuries from the initial impact or from striking the pavement after being thrown by the vehicle
- Multiple fractures to the legs, pelvis, and hips, which often require surgical hardware and months of rehabilitation
- Spinal cord injuries resulting in partial or complete loss of mobility
- Internal organ damage from blunt force to the chest and abdomen
- Severe road rash and soft tissue damage requiring skin grafts or wound care
Recovery from a pedestrian accident often takes months or years. Many victims face permanent limitations that affect their ability to work, drive, care for their families, or live independently.
Call 248-483-5000 if a vehicle struck you or a family member while walking in Sterling Heights or anywhere in Macomb County.
How Does Fault Get Determined in a Sterling Heights Pedestrian Case?
Fault in a Michigan pedestrian accident case depends on what each party did or failed to do in the moments before the collision.
Michigan law requires drivers to exercise due care to avoid hitting pedestrians under MCL 257.612, and drivers must yield the right of way to pedestrians in marked crosswalks.
Driver Conduct That Typically Establishes Liability
The at-fault driver’s behavior is the centerpiece of most pedestrian claims. Several patterns of driver negligence appear repeatedly in Sterling Heights pedestrian cases:
- Failing to yield at a crosswalk while making a right turn on red
- Running a traffic signal at a high-volume intersection like Van Dyke and 15 Mile Road
- Distracted driving, including phone use, while approaching a crosswalk or parking lot exit
- Backing out of a driveway or parking space without checking for foot traffic
- Speeding through residential neighborhoods or school zones
Each of these behaviors creates a strong basis for a negligence claim against the driver. Traffic camera footage, dashcam recordings, and witness statements help establish what the driver did wrong.
The Comparative Fault Defense in Pedestrian Cases
Insurance companies routinely argue that the pedestrian shares fault for the collision. Michigan’s modified comparative negligence law (MCL 600.2959) reduces a pedestrian’s compensation by their assigned percentage of fault. If the pedestrian’s fault exceeds 50%, they lose access to non-economic damages like pain and suffering.
Insurers raise arguments like jaywalking, wearing dark clothing at night, or crossing against a signal. Your attorney’s job is to show that the driver’s negligence was the primary cause of the collision, regardless of what the pedestrian was doing at the time.
What Financial Recovery May a Pedestrian Accident Claim Produce?
Compensation in a Michigan pedestrian accident claim depends on the severity of your injuries, the duration of your recovery, and whether you face permanent physical limitations. The claim draws from both No-Fault benefits and the third-party liability case against the driver.
| Source | What It Covers |
| PIP Medical Benefits | Emergency treatment, surgery, hospital stays, rehabilitation, prescriptions |
| PIP Wage Loss | Up to 85% of lost gross income for up to 3 years |
| PIP Replacement Services | Household tasks you cannot perform during recovery |
| Third-Party Pain and Suffering | Physical pain, emotional distress, anxiety, depression, loss of enjoyment of life |
| Third-Party Economic Damages | Medical costs and lost income that exceed PIP limits |
| Third-Party Loss of Earning Capacity | Reduced future income from permanent impairment |
Pedestrian accident claims often carry higher damage values than standard auto cases because the injuries are more severe and the recovery periods are longer. A broken pelvis or traumatic brain injury may require years of medical treatment, and the future cost of that care must be accounted for in the claim’s value.
What Road Conditions Make Pedestrian Accidents More Likely in Macomb County?
Several features of Sterling Heights road infrastructure create conditions where pedestrian accidents happen more often. These are not driver-behavior issues alone. They reflect how the roads themselves were designed.
Roadway conditions that contribute to pedestrian accidents in Sterling Heights include:
- Wide multi-lane arterials like Mound Road and Van Dyke Avenue that require long crossing distances with limited pedestrian signal time
- Right-turn-on-red allowances at intersections where drivers fail to check for pedestrians in the crosswalk
- Missing or incomplete sidewalks along commercial corridors that force pedestrians to walk near traffic lanes
- Poorly lit crosswalks and intersections, especially during fall and winter months when daylight hours shrink
- High-speed traffic through retail parking areas near Hall Road and Lakeside Mall where pedestrians move between parked cars and store entrances
When road design contributes to a pedestrian accident, your attorney may use that context to strengthen the argument that the driver had a heightened duty to watch for foot traffic in a known danger area.
Municipal traffic studies and crash data from the Michigan Office of Highway Safety Planning may support that argument.
FAQ for Sterling Heights Pedestrian Accident Lawyer
What if I do not have car insurance and got hit as a pedestrian?
You may still receive No-Fault PIP benefits even without your own auto insurance policy. Michigan law provides a priority system for uninsured pedestrians under MCL 500.3115.
The driver who hit you, or their insurer, may owe PIP benefits. If no other coverage applies, the Michigan Assigned Claims Plan serves as a last resort for medical expenses and wage loss.
What is the filing deadline for a pedestrian accident lawsuit in Michigan?
Michigan’s statute of limitations (MCL 600.5805) generally gives you three years from the date of the accident to file a personal injury lawsuit against the at-fault driver.
Your No-Fault PIP claim has its own separate deadlines. Consulting an attorney soon after the accident protects both your third-party claim and your PIP benefits.
What if a child was hit by a car in Sterling Heights?
A parent or legal guardian may file a pedestrian accident claim on behalf of a minor child struck by a vehicle. Children’s cases often carry significant value because of the long-term impact of injuries sustained during developmental years.
Michigan’s statute of limitations for minors extends the filing deadline, but gathering evidence early produces a stronger case regardless of the extended timeline.
What if the driver claims I walked into traffic and it was my fault?
The driver’s version of events is not the final word on fault. Your attorney gathers independent evidence, including traffic camera footage, witness statements, intersection design data, and the police report, to establish what actually happened.
Even if you share some responsibility, Michigan’s comparative fault system may still allow you to recover compensation as long as your fault does not exceed 50%.
I was crossing outside a crosswalk when I got hit. Do I still have a case?
Yes, you may still have a valid pedestrian accident claim even if you crossed outside a marked crosswalk. Michigan law does not bar jaywalking pedestrians from recovering compensation.
The driver still has a duty to exercise due care to avoid hitting a pedestrian. Comparative fault may reduce your recovery, but it does not eliminate your claim unless your fault exceeds 50%.
The driver’s insurance company wants a recorded statement from me. What do I do?
Giving a recorded statement to the at-fault driver’s insurer without legal guidance is risky. Adjusters use those statements to find inconsistencies, assign blame to the pedestrian, and reduce the value of the claim.
We recommend speaking with a pedestrian injury lawyer in Sterling Heights before agreeing to any recorded interview. The insurer’s interests do not align with yours.
What if the driver left the scene after hitting me?
You may still pursue compensation after a hit-and-run pedestrian accident. Your own auto insurance policy’s uninsured motorist coverage may apply if the driver is not identified.
Filing a police report immediately helps law enforcement track down the vehicle through witness descriptions, traffic cameras, or nearby business surveillance footage. An attorney at Goodman Acker reviews all available evidence sources during the initial case evaluation.
Reach a Sterling Heights Pedestrian Accident Lawyer Who Knows These Cases
Pedestrian accident claims move quickly once the insurance company gets involved. The driver’s insurer starts building its defense within days, and every conversation you have with an adjuster becomes part of their file. Getting an attorney involved early shifts that dynamic in your favor.
Goodman Acker represents injured pedestrians from our Sterling Heights office on a contingency fee basis. We review the police report, identify all available insurance coverage, and give you an honest evaluation of your claim before you commit to anything.
Call 248-483-5000 to speak with an attorney about your pedestrian accident in Sterling Heights or Macomb County.
LEGALLY REVIEWED BY BARRY J. GOODMAN
Barry J. Goodman has devoted his professional life to keeping courthouse doors open for victims seeking justice. Always a tireless advocate for his own clients, Goodman sees his responsibility as a Detroit personal injury attorney in a broader sense as well. [ Attorney Bio ]
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