One moment you’re walking—heading to work, crossing the street, pushing a stroller, or just trying to get home safely. The next, everything changes. The impact is violent. The fear is immediate. The trauma doesn’t fade when the sirens stop.
Pedestrians are the most vulnerable people on Wayne County roads. No steel frame. No airbags. No protection—just a human body against a moving vehicle. When drivers make reckless choices, pedestrians pay the price.
Let’s be clear: most pedestrian crashes are not “accidents.” They are preventable tragedies caused by speeding, distraction, intoxication, or failure to yield. And under Michigan law, injured pedestrians have strong legal rights—even when insurance companies try to say otherwise.
From Detroit’s busiest intersections to crosswalks in Dearborn, Livonia, Taylor, and across Wayne County, pedestrians are being hit far too often. When that happens, accountability matters.
Who Can Be Held Liable in a Wayne County Pedestrian Injury Case?
Negligent Drivers
Drivers who speed, text, run lights, fail to yield, or drive impaired can and should be held responsible when they strike a pedestrian.
Commercial Drivers and Trucking Companies
Delivery drivers, rideshare drivers, and truck drivers are frequently involved in pedestrian crashes. When a commercial driver causes harm, the company behind them may also be liable.
Employers Under Respondeat Superior
If a driver was working at the time of the crash, their employer can be held accountable under the legal doctrine of respondeat superior—meaning companies are responsible for the harm caused by employees on the job.
Government Entities
Some pedestrian injuries are caused or worsened by:
- Dangerous road design
- Poorly marked crosswalks
- Malfunctioning traffic signals
- Inadequate lighting or maintenance
When a government entity fails to maintain safe roadways, they may be legally responsible—though strict deadlines apply.
Bars or Establishments in Drunk Driving Cases
When alcohol is involved, bars or establishments may share responsibility for overserving a visibly intoxicated driver who later injures a pedestrian.
Shared Responsibility Is Common
Pedestrian injury cases often involve multiple defendants, each pointing fingers at the other. Our job is to cut through the noise, follow the evidence, and hold every responsible party accountable.
Michigan Pedestrian Right-of-Way Laws
Crosswalk and Intersection Protections
Pedestrians generally have the right-of-way in:
- Marked crosswalks
- Unmarked crosswalks at intersections
- When traffic signals or walk signs permit crossing
When Pedestrians Have the Legal Right-of-Way
Drivers must yield when:
- A pedestrian is lawfully crossing with the signal
- A pedestrian is already in the roadway
- Turning vehicles cross a pedestrian’s path
Even outside of crosswalks, drivers still have a duty to avoid hitting pedestrians when it’s reasonably possible to do so.
Drivers’ Duty to Yield and Exercise Caution
Michigan law requires drivers to:
- Remain alert
- Adjust speed for conditions
- Anticipate pedestrians—especially in urban areas like Wayne County
Failure to do so isn’t just careless—it’s negligent.
How Violations Strengthen Pedestrian Injury Claims
When a driver violates right-of-way laws, those violations become powerful evidence. They help establish fault, counter blame-shifting tactics, and strengthen claims for full compensation.
Michigan No-Fault Insurance and Pedestrian Injuries
How Michigan No-Fault Applies to Pedestrians
Even if you were walking, Michigan law allows injured pedestrians to receive Personal Injury Protection (PIP) benefits after being hit by a motor vehicle. These benefits are designed to cover medical care and basic financial needs while you recover.
Priority Rules for PIP Benefits
Michigan has strict “priority rules” that determine which insurance company must pay:
- Your own auto insurance, if you have it
- A resident relative’s auto insurance, if applicable
- The driver’s insurance that struck you
- The Michigan Assigned Claims Plan, if no coverage is otherwise available
Getting this wrong can delay or deny benefits—another reason legal guidance matters early.
Medical Expenses, Wage Loss, and Attendant Care
PIP benefits may cover:
- Medical bills and rehabilitation
- A portion of lost wages
- Attendant care for help with daily activities
These benefits are often a lifeline for pedestrians facing long recoveries.
What If No Auto Insurance Is Available?
If no policy applies, injured pedestrians may still seek benefits through the Michigan Assigned Claims Plan, though coverage limits and restrictions can apply.
PIP Claims vs. Pain and Suffering Lawsuits
No-Fault benefits cover basic economic losses. Pain and suffering claims are separate and are pursued against the at-fault driver or other responsible parties when injuries are serious.
Pain and Suffering Claims for Injured Pedestrians
Serious Impairment of Body Function
To recover pain and suffering damages, an injured pedestrian must show a serious impairment of body function—a legal standard that focuses on how the injury affects daily life.
Why Pedestrian Injuries Often Meet the Threshold
Because pedestrians lack protection, injuries frequently involve:
- Broken bones
- Head and brain injuries
- Spinal damage
- Long-term mobility limitations
These injuries commonly satisfy Michigan’s legal threshold.
Non-Economic Damages Available
Compensation may include:
- Physical pain and discomfort
- Emotional distress and anxiety
- Loss of enjoyment of life
- Scarring or disfigurement
Why Pedestrian Cases Often Involve Significant Compensation
The long-term impact on independence, employment, and quality of life makes pedestrian injury cases among the most serious—and most valuable—claims under Michigan law.
Comparative Fault – Can the Driver Blame the Pedestrian?
Michigan’s Comparative Negligence Rules
An injured pedestrian can still recover compensation even if partially at fault. Any percentage of fault assigned may reduce damages—but it does not automatically bar recovery.
Common Defense Tactics Used Against Pedestrians
- Claims that the pedestrian wasn’t paying attention
- Allegations of crossing outside a crosswalk
- Arguments about dark clothing or poor visibility
Jaywalking and Visibility Arguments
Even when a pedestrian isn’t in a crosswalk, drivers still have a duty to avoid hitting people when reasonably possible. Visibility excuses don’t erase that duty.
How Partial Fault Affects Recovery
Partial fault reduces damages—it does not eliminate your right to pursue justice. Strong evidence and aggressive legal advocacy are key to defeating blame-shifting.
Evidence Used in Pedestrian Injury Cases
Key Evidence in Wayne County Pedestrian Injury Claims Includes:
- Police reports and crash scene documentation
Official reports establish time, location, involved parties, and initial fault assessments. Errors or omissions can be challenged—but only if caught early. - Surveillance and traffic camera footage
City cameras, business surveillance, and dashcams can capture the exact moment of impact and expose speeding, failure to yield, or distracted driving. - Witness statements
Independent witnesses often confirm what really happened—before memories fade or stories change. - Vehicle damage analysis
Damage patterns, hood dents, windshield strikes, and bumper height help show speed, point of impact, and force—key facts in pedestrian cases. - Cell phone and driver data
Phone records, app usage, and vehicle data can prove distraction, speeding, or reckless behavior in the moments before the crash. - Accident reconstruction experts
Experts recreate the collision using physics, measurements, and data to show how the crash occurred—and why it was preventable. - Medical records and expert testimony
Medical documentation connects the injuries directly to the crash and explains long-term consequences insurers try to downplay.
At Marko Law, we don’t wait for evidence to disappear. We move fast, preserve aggressively, and build cases that force accountability.
What to Do After a Pedestrian Accident in Wayne County
Critical Steps to Take Immediately:
- Call 911 and seek immediate medical attention
Even injuries that seem minor can be serious or life-altering. - Ensure a police report is filed
This creates an official record and helps protect your version of events. - Document the scene if possible
Take photos or videos of the roadway, crosswalks, signals, vehicle, and your injuries. - Gather witness information
Names and contact details can make a critical difference later. - Do not speak to insurance companies alone
Their job is to minimize payouts—not protect you. - Contact an experienced Wayne County pedestrian injury lawyer immediately
Evidence fades. Deadlines pass. The earlier a lawyer is involved, the stronger the case.
Pedestrians Deserve Protection, Not Excuses
If you were hit while walking in Wayne County, what happened to you was not just frightening—it was disruptive, painful, and life-changing. Pedestrians have clear legal rights under Michigan law, and drivers have a duty to watch, slow down, and yield. When they fail to do that, excuses don’t matter—accountability does.
The fear you felt in the moment of impact. The anger that followed. The way your life may now revolve around doctor visits, missed work, and uncertainty. All of it is real. And it deserves to be taken seriously.
What makes pedestrian injury cases urgent is that time works against you. Evidence can disappear. Camera footage can be erased. Witnesses can become harder to find. Strict legal deadlines can quietly close the door on justice if action isn’t taken quickly.
Here’s the truth: accountability is possible—but only with the right legal team. One that knows Michigan law, understands how insurance companies operate, and isn’t afraid to take cases to trial when that’s what justice requires.
Contact Marko Law for a Free Case Evaluation
📞 Phone: +1-313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: https://www.markolaw.com/
Marko Law Will Give You A Voice
At Marko Law, we don’t just take cases — we take a stand. Whether you're facing an injury, injustice, or outright negligence, our team fights like it’s personal — because to you, it is.
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