Pedestrian Accident Attorneys
Serving Clients in Michigan and Texas
Advocating for Pedestrians
Being hit by a car while walking can be one of the most terrifying experiences. Unlike those in a vehicle, pedestrians do not have the protection of a car frame to shield them from impact, which often results in severe or even fatal injuries. If you or a loved one has been injured in a pedestrian accident, you need skilled legal representation. The pedestrian accident attorneys at Oliver Bell Group are here to fight for your rights and help you recover.
It Wasn’t Your Fault – We’re Here to Help You Move Forward
In many pedestrian accidents, the motorist is at fault, often due to negligent or reckless behavior. When drivers fail to follow the rules of the road, it’s the pedestrian who bears the brunt of the impact. Common driver actions that lead to pedestrian accidents include:
- Speeding: Especially in areas with heavy foot traffic, such as neighborhoods, school zones, or downtown areas.
- Distracted Driving: Texting, using a phone, or any form of distracted driving is a leading cause of pedestrian accidents.
- Driving Under the Influence: Operating a vehicle under the influence of drugs or alcohol significantly impairs a driver’s ability to respond to pedestrians.
- Drowsy Driving: Falling asleep or driving while fatigued can be just as dangerous as drunk driving.
Can a Pedestrian Be at Fault in a Car-Pedestrian Accident?
While drivers are often at fault in pedestrian accidents, there are instances where a pedestrian may be partially or fully liable. Some scenarios where this might occur include:
- Crossing Against a Signal: When a pedestrian crosses the street against a red light or outside of designated crosswalks.
- Jaywalking: Crossing the road in areas where pedestrians are not allowed or failing to yield to vehicles.
- Walking in Prohibited Areas: Pedestrians are sometimes found at fault for walking on highways, bridges, or other areas where foot traffic is illegal.
However, even if you were not in a designated crossing area, drivers still have a duty to operate their vehicles safely and avoid causing harm. Liability in pedestrian accidents can be complex, which is why it’s critical to work with an experienced pedestrian accident lawyer.
Protecting Your Rights in Michigan and Texas
Pedestrian accident laws differ by state, making it crucial to have an attorney who understands the specific laws in your state. At Oliver Bell Group, we handle claims in both Michigan and Texas, ensuring expert legal representation in each jurisdiction. For example:
- In Michigan, pedestrian accidents often involve complex no-fault insurance laws. While Michigan’s no-fault system may cover some of your medical expenses, holding the atfault driver accountable can help you recover compensation for pain, suffering, and lost wages.
- In Texas, recent updates to pedestrian laws have further clarified a driver’s responsibility to yield the right of way to pedestrians at crosswalks and intersections. Failing to do so can result in significant legal liability for the driver.
At Oliver Bell Group, our pedestrian accident attorneys are well-versed in the legal differences between these states and are equipped to represent clients across Michigan and Texas.
Why You Need an Experienced Pedestrian Accident Attorney
You might assume that an insurance claim after a pedestrian accident will be simple, but such is rarely the case. Insurance companies often try to minimize payouts or shift the blame onto the pedestrian. Our experienced legal team will:
- Thoroughly investigate your case to gather the evidence needed to prove fault.
- Handle negotiations with the insurance company on your behalf.
- Ensure you receive compensation not only for medical bills but also for lost wages, pain,
and suffering.
You shouldn’t have to fight this battle alone. Let us take on the insurance companies while you focus on your recovery.
FAQs About Pedestrian Accidents
Who is at fault in a pedestrian accident?
A driver may be considered at fault if they were engaging in negligent behaviors, such as:
- Distracted driving (texting, eating, etc.)
- Speeding
- Failing to yield to pedestrians at crosswalks
- Driving under the influence of drugs or alcohol
- Ignoring traffic signals
Pedestrians can also be found at fault in certain situations, such as crossing against a signal or jaywalking. Even if you think you were partially at fault, you may still be entitled to compensation. Contact our pedestrian accident attorneys for a free consultation to review the specifics of your case.
What compensation can I recover after a pedestrian accident?
If you have been injured in a pedestrian accident, you may be able to recover compensation for:
- Medical expenses (both current and future)
- Lost wages due to your inability to work
- Pain and suffering
- Emotional distress
- Rehabilitation and therapy costs
In the unfortunate case of a fatal accident, families may be eligible to file a wrongful death lawsuit to recover funeral expenses and loss of companionship.
What is the statute of limitations for pedestrian accident claims in Michigan?
In Michigan, you generally have three years from the date of the accident to file a personal injury lawsuit.
What is the statute of limitations for pedestrian accident claims in Texas?
In Texas, the statute of limitations is two years for personal injury cases, which includes pedestrian accidents.
Regardless of the state you live in, it is important to act quickly. Delays in filing a claim can reduce your chances of receiving full compensation, and evidence can be lost or deteriorate over time.
What should I do if I have been injured in a pedestrian accident?
If you have been injured as a pedestrian, follow these steps:
- Seek Medical Attention: Even if you do not feel immediate pain, some injuries may not be apparent until later. Always get checked by a medical professional.
- Report the Accident: Call the police and ensure that the incident is properly documented.
- Gather Evidence: If possible, collect witness statements, photos, and other relevant evidence from the scene.
- Contact Our Pedestrian Accident Attorneys: Schedule a free consultation with us as soon as possible to review your case.
How do Texas pedestrian laws differ from Michigan?
Texas has recently updated its pedestrian laws, further defining when and where drivers must yield to pedestrians at crosswalks. Failing to yield can lead to significant legal consequences for drivers. Michigan operates under a no-fault system, meaning pedestrians may have certain benefits available to them even without proving driver fault. Our pedestrian accident attorneys are knowledgeable about the specific legal frameworks in both states and can help you navigate your case.
Pedestrian Safety Tips
Staying safe as a pedestrian requires vigilance and awareness. To reduce the risk of accidents, follow these essential tips outlined by the National Highway Traffic Safety Administration:
- Use Crosswalks and Intersections: Always cross streets at designated crosswalks or intersections where drivers expect to see pedestrians. Avoid darting into the road between parked cars.
- Be Visible: Increase your visibility by wearing bright or reflective clothing, especially at night or in low-light conditions. Consider carrying a flashlight when walking in the dark.
- Stay Alert: Avoid distractions like using your phone or wearing headphones while walking near traffic. Always be aware of your surroundings.
- Follow Traffic Signals: Obey traffic signs and signals. Wait for a clear gap in traffic and make eye contact with drivers before stepping onto the road.
By practicing these safety habits, pedestrians can help protect themselves and prevent accidents.
Taking the Next Steps
If you or a loved one has been injured in a pedestrian accident, time is of the essence. Even though statutes of limitations may vary by state, delaying your claim could impact your ability to recover full compensation. Schedule a free, no-obligation consultation with our team. We operate on a contingency basis, meaning you do not owe us anything unless we win your case.
If you have been injured in a pedestrian accident, call Oliver Bell Group today. Our dedicated pedestrian accident attorneys are ready to help you secure the compensation you deserve. Let us take the weight off your shoulders and fight for your rights.