Pedestrian Accident Attorney Spring Lake, Michigan

Car Accidents With Pedestrians in Spring Lake, Michigan

Here’s what to do, and the best ways to determine fault, if you struck a pedestrian.

How long ago did the occurrence take place?

Striking a pedestrian while owning a vehicle is a frightening event, but not unusual. According to statistics collected by the National Highway Traffic Safety Administration, over 60,000 pedestrians were injured in traffic accidents in 2006. Hitting a pedestrian at a speed of over 30 miles per hour results in more serious injuries and casualties– yet a driver can severely disable a pedestrian in a crash where the motorist is traveling only 10 miles per hour.

As a chauffeur, it is essential to understand exactly what to do immediately after a mishap with a pedestrian. By staying calm and speaking with the best parties, you can minimize your liability. Chauffeurs ought to likewise learn the fundamental guidelines of fault, how injuries and damages will be compensated, and most significantly, ways to avoid such accidents in the first place.

What to Do Immediately After the Mishap – Information for Spring Lake, MI 49456

The majority of motorists that strike pedestrians are incredibly upset instantly after the accident. Take a deep breath and focus on the following:

  • Security precedes. First, get any injured individuals to a place of security. Do not attempt to administer medical treatment beyond exactly what is needed of you in an emergency, such as CPR.
  • Get medical and legal aid. Next, contact the authorities, healthcare providers, and auto insurance service providers (the chauffeur’s and the pedestrian’s). If you are facing possible criminal charges for the accident, such as driving under the influence, call a criminal defense lawyer on your own if you can. When the police and your insurance coverage agent arrive, offer honest statements to them about how the accident took place.
  • Exchange contact information, but not much more. If the pedestrian is not paralyzed, exchange your name, contact number, and insurance coverage info with them. Prevent talking thoroughly with the pedestrian or their pals or relative. Admitting fault, or making declarations such as “I feel so guilty,” might expose you to a personal injury suit. You ought to likewise prevent speaking directly to the pedestrian’s attorney or automobile insurance provider. It is important to have your auto insurance provider interact with the pedestrian’s attorney, auto insurance company, or pedestrian themselves.

Who Is at Fault?

When a driver hits a pedestrian, often the greatest concern is: Whose fault was the accident? Usually, fault is figured out by the law of negligence. An individual who cannot exercise a sensible standard of care under the situations may be thought about “negligent.”.

Nevertheless, both the driver and the pedestrian can be irresponsible. For example, the pedestrian may be crossing the street unlawfully while the motorist is traveling in excess of the posted speed limitation. This situation is treated differently in different states.

Some states, such as Maryland and Virginia, follow what’s called a “pure contributory negligence” rule. This suggests that if the pedestrian contributed in the slightest bit to the mishap, then he and his car insurance provider can not recover damages from the chauffeur and his vehicle insurance company.

Other states follow a “comparative fault” rule. This suggests that a pedestrian can recover some damages even if he was partly at fault.

Police Reports and Insurance provider Findings: Procedure for Spring Lake, Michigan 49456

The authorities will take statements from the driver, pedestrian, and witnesses to identify who was at fault. They may make a definitive finding on the spot or conduct an in-depth examination to make the finding later on.

The police report from the accident will show which party the police officer saw as being at fault. Car insurance companies, however, might challenge this finding. Insurer usually send an adjuster to the scene of the mishap, or see the damage to persons and property not long after the accident has actually happened. If you believe that your insurance provider will unfairly designate you a higher percentage of fault, think about retaining an accident lawyer to argue that you have a lower percentage of fault.

Insurance coverage Protection for Pedestrian Accidents

Hurt pedestrians are normally covered under their health and disability insurance policies, or worker’s payment protection, if the mishap occurs on the job. They might also be covered under one or more automobile insurance plan.
Payment Under Auto Liability Insurance coverage.

An injured pedestrian can normally file a claim versus the chauffeur’s or vehicle owner’s auto liability insurance policy. Almost all states require that lorry owners and drivers bring liability insurance to cover injuries to third parties and damage to third parties’ home. Healings are dependent on whose fault the mishap was and different state statutes.

Payment Under No-Fault Coverage

Some states, called “no-fault” states, need insurer to spend for the medical costs and lost incomes of their own policyholders, despite who is at fault. This is likewise known as personal injury security (PIP).
When it comes to coverage for injuries to pedestrians in no-fault states, laws in between the states vary. In some states, the motorist’s insurance provider pays the quantity of the pedestrian’s medical expenses up to the PIP limit, even if the accident is the pedestrian’s fault. There are exceptions to this payment plan. For instance, in New Jersey, if a pedestrian is not guaranteed, she or he may be paid out of a special state-mandated fund called the Unsatisfied Claim and Judgment Fund.

Seek a Lawyer’s Guidance

State laws differ extensively when it concerns cars and truck insurance coverage schemes, and each plan has constraints and exclusions. In addition, healing might depend on the particular insurance plan involved in addition to judicial choices in that state.


In order to arrange this all out, injured pedestrians might want to seek advice from a professional, such as the pedestrian’s own insurance provider or a personal injury attorney. Pedestrians should ask an attorney which car insurance provider they ought to approach initially, and from which insurance company they might be able to get additional coverage.

Avoiding Pedestrian Accidents in Spring Lake, Michigan

The best method to prevent pedestrian mishaps is to understand that “defensive driving” suggests watching out for people who stroll, utilize a bicycle, run a wheelchair, rollerblade, rollerskate, ride an electric scooter, and play in the roadway. Pay specific attention to children and older grownups. These individuals may be less knowledgeable about chauffeurs on the road. They are most likely to stray outdoors crosswalks and not focus on traffic signals.

It is very important to keep in mind that people who are not in an automobile and remain in the roadway are incredibly susceptible and more likely to be seriously hurt than a driver. If you take care to offer pedestrians see, space, and time to vacate your path, you may have the ability to prevent hitting a pedestrian.