In Michigan, a pedestrian hit by a car can usually receive no-fault insurance benefits no matter who caused the crash, and may also sue the driver for pain and suffering if the injury is serious enough. A person on foot has no metal frame, airbag, or seat belt for protection, so even a low-speed crash can cause broken bones, head trauma, or injuries that last for years.
Michigan has its own rules for these claims, and they are not always easy to follow. Speaking with experienced Bloomfield Hills pedestrian accident lawyers can help injured people understand how no-fault benefits work, when a claim against the driver is possible, and what deadlines apply. This guide explains the basics so you know your rights after being struck by a vehicle.
What Rights Does a Pedestrian Have in Michigan?
Drivers in Michigan have a legal duty to watch for people on foot and to yield at crosswalks, intersections, and other places where pedestrians have the right of way. They are also expected to slow down when visibility is poor, stay off their phones, and never drive while impaired. When a driver ignores these duties and hits someone, the injured pedestrian may have the right to seek payment for their losses.
The risk is real. According to the National Highway Traffic Safety Administration, 7,080 pedestrians were killed in traffic crashes across the United States in 2024, and about three out of four of those deaths happened in the dark. Common causes include distracted driving, speeding, drivers turning without checking the crosswalk, and impaired driving. Poor lighting and badly designed intersections can also play a role.
How Michigan No-Fault Insurance Covers Pedestrians
Michigan’s no-fault auto insurance system also applies to pedestrians. In most cases, a person hit by a car can receive Personal Injury Protection, or PIP, benefits no matter who caused the crash. These benefits can help pay for medical treatment, a portion of lost wages for up to three years, replacement services such as help with household chores, and attendant care.
Where those benefits come from depends on your situation. If you have your own auto policy, PIP benefits often come from your insurer, even though your car was not involved. If you do not, coverage may come from a spouse or relative you live with. When no household policy exists, the claim may go through the Michigan Assigned Claims Plan. Because the 2019 reforms created different coverage levels, the amount available can vary. The Michigan Department of Insurance and Financial Services auto insurance resources explain how no-fault coverage and PIP choices work in more detail.
When Can You File a Claim Against the Driver?
PIP benefits generally do not pay for pain, suffering, emotional distress, or loss of enjoyment of life. To recover those damages, an injured pedestrian may bring a third-party claim against the at-fault driver. Michigan law requires the injury to involve a serious impairment of body function, permanent serious disfigurement, or death. A serious impairment generally means an injury that can be objectively shown, affects an important body function, and changes a person’s ability to live a normal life.
Fault also matters. Under Michigan’s comparative fault rule, a pedestrian’s recovery can be reduced by their share of the blame, and a pedestrian found more than 50 percent at fault generally cannot recover noneconomic damages from the driver. Insurance companies sometimes argue that a walker was jaywalking, wearing dark clothing, or looking at a phone, which is why clear evidence matters.
Pedestrian Safety in Bloomfield Hills
Bloomfield Hills is a small, mostly residential city in Oakland County, located between Detroit and Pontiac. Its quiet, tree-lined streets sit close to some of the busiest roads in the region. Woodward Avenue runs through the city with several lanes of fast-moving traffic, and Telegraph Road, Long Lake Road, and Square Lake Road carry heavy commuter traffic. Many neighborhood streets have limited sidewalks, so people walking dogs, jogging, or heading to school events often share the road’s edge with cars. Students and families around the Cranbrook campus add to the number of people on foot, especially during school drop-off and pickup hours.
Steps to Take After Being Hit by a Car
Your health comes first. Call 911, get medical care right away, and follow your treatment plan, even if you feel fine at first, since concussions and internal injuries may not show symptoms for hours or days. If you are able, photograph the scene, your injuries, and the vehicle, and collect contact information from witnesses and the driver. Keep the police report, medical bills, and records of missed work, and avoid giving recorded statements or accepting a settlement before you understand the full extent of your injuries.
Deadlines That Can Affect Your Claim
For PIP benefits, written notice generally must be given to the insurer within one year of the accident, and benefits can be limited for expenses incurred more than a year before a lawsuit is filed. A third-party injury lawsuit against the driver generally must be filed within three years. Missing these deadlines can mean losing the right to recover, so it is wise to act early.
Frequently Asked Questions
Can I get no-fault benefits if I do not own a car?
Yes, in many cases. If you live with a spouse or relative who has auto insurance, their policy may pay your PIP benefits. If no one in your household has coverage, you may be able to apply through the Michigan Assigned Claims Plan, although those benefits can be more limited.
What if I was crossing outside a crosswalk when I was hit?
You may still have a claim, because drivers must watch for pedestrians everywhere, not only in marked crosswalks. The insurance company may argue that you share some of the blame, which could reduce your recovery. As long as you are not found more than 50 percent at fault, a claim against the driver can still move forward.
Do I have to pay a lawyer up front?
Many personal injury lawyers work on a contingency fee basis, meaning they are paid a share of the recovery only if the case succeeds. Most firms also offer a free first consultation. This lets injured people get answers about their case without adding financial stress during recovery.
Protecting Your Rights After a Pedestrian Accident
Being hit by a car while walking can leave you facing pain, stress, and a pile of paperwork all at once. Knowing how no-fault benefits work, when you can file a claim against the driver, and which deadlines apply puts you in a stronger position. If you or a loved one was injured as a pedestrian in Bloomfield Hills, getting legal guidance early can help you understand your options while you focus on recovery.
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