What To Do After Hitting A Jaywalking Pedestrian?

Unfortunately, car accidents involving pedestrians aren’t uncommon. In Michigan, authorities recorded 1,790 pedestrian-car collisions in 2021, with 183 resulting in pedestrian death. These alarming statistics show that drivers must be vigilant in foot traffic-dense areas.

Of course, drivers aren’t solely responsible for pedestrian safety. Cities designate crosswalks and intersections as safe places for those on foot to cross the street, but not everyone uses them. Crossing outside designated zones, colloquially called jaywalking, increases the risk of a pedestrian-car collision.

As a driver in Michigan, you may wonder what such a situation means for you. The answer is complex and requires a look into the state’s pedestrian laws.

Is Jaywalking Illegal in Michigan?

According to Michigan pedestrian laws, drivers have the responsibility to stop before entering a crosswalk and give pedestrians adequate space to complete their crossing. As long as people cross the street lawfully, they have the right of way.

However, these laws also outline unlawful pedestrian activity:

• Walking in the street when sidewalks are available
• Using one’s body to obstruct traffic
• Not walking on the left and against traffic when sidewalks are absent
• Crossing the road when the signal indicates “Don’t Walk”

Looking at the specifics, it’s clear that jaywalking is illegal in Michigan. In fact, police may issue tickets for committing any of these acts, potentially resulting in a fine.

Since jaywalkers don’t automatically have the right of way, fault in a collision isn’t clear-cut. After all, someone darting into traffic can take drivers by surprise. However, the law requires drivers to do everything in their power to avoid hitting a pedestrian, regardless of whether or not the individual was using a crosswalk correctly. The driver’s actions actually play a big part in determining grounds for a civil suit.

What Should You Do If You Hit a Jaywalking Pedestrian?

If you are about to hit a pedestrian, do everything possible to minimize the impact. That may mean slamming on the brakes or swerving. As the person in the car, you have much more protection; for example, if you run into a lamppost in your SUV, you’ll probably have less severe injuries than a person hit dead-on by your vehicle.

It’s challenging to make the best decision in a split-second while your adrenaline spikes, and authorities take that into account when accessing fault. However, as a motorist, you must put yourself in a position to react appropriately. That means following all traffic rules, not being under the influence and avoiding distractions.

If the worst happens, and you can’t avoid a collision, you must take the correct steps afterward. Otherwise, you put yourself in legal jeopardy.

Stop the Vehicle

First and foremost, you should stop the vehicle. It’s a good idea to pull over in a safe space, preferably somewhere that doesn’t block traffic, and check on the victim. If you leave the scene, that is a hit-and-run, a misdemeanor on its own. If the struck individual sustains injuries, fleeing the scene becomes a felony. A conviction can result in a $10,000 fine and a prison sentence of up to 15 years.

If you’re unsure whether you actually made contact, you should still stop. Then, you can locate the pedestrian and ensure there was no harm done. If it was a near miss, you don’t have to do anything further, though you may need a minute to calm your nerves before continuing your commute.

If the pedestrian sustained injuries, you shouldn’t try to move the individual. Doing so can exacerbate internal injuries; even if you mean well, causing further harm by moving an injured person makes you vulnerable to litigation.

However, you may deliver medical aid, such as applying pressure to stop bleeding or cardiopulmonary resuscitation if the victim has no pulse. CPR and first aid are lifesaving measures, and hesitating to provide them can result in civil suits for negligence, according to one study.

Call Emergency Services

While immediate medical assistance from bystanders is invaluable during a pedestrian-car collision, it doesn’t replace professional emergency care. Once you know an accident occurred, you should call 911. Legally, drivers must contact the authorities after a collision resulting in property damage or injury.

You may want to ask for an ambulance even if no one seems to have serious injuries. Adrenaline can mask pain, making it difficult for people to gauge the severity of their wounds until they’re no longer in fight-or-flight mode. Some medical conditions, such as concussions, may not produce symptoms until days later. Getting medical personnel on the scene lowers the risk of an injury going unnoticed and ensures everyone involved receives care as soon as possible.

The police will also arrive on the scene to take statements, document evidence and file a report. If you can, get the names of the officers and the police department so you can more easily request a copy of the report at a later date. Your insurance company may want the report as part of the claims process.

Contact Your Insurance Company

Once everyone is safe and has received medical attention, you should contact your insurance company. Michigan is a no-fault state, which means your insurance company should pay regardless of who caused the accident. State law requires insurance companies to process claims in a timely manner:

• 60 days to pay for property damages after receiving documentation
• 30 days to pay medical bills after receiving documentation
• 30 days to request documentation after customer makes the initial call

To expedite your claim, consider taking photos at the scene. Many insurance companies accept photo documentation through apps, allowing you to submit necessary information before you even head home. Getting witnesses’ names and contact information is also a good idea.

Finally, you may want to get the contact information of the person you hit. Your insurance company will need their name and a way to get hold of them for the payout. If the victim has personal injury protection, the insurance company will also want those details, though not all pedestrians have such benefits.

Retain a Lawyer

The impetus behind no-fault benefits is to decrease the number of auto accident cases in the civil court system. Ideally, your insurance company should pay for all costs. However, drivers may experience pushback.

If your insurance company refuses to pay all costs, you have options. Experienced attorneys can help you get the money you’re entitled to.

You may also need a lawyer if the victim pursues non-economic loss compensation, as liability doesn’t cover this. PIP benefits only apply to economic loss:

• Lost wages due to injury
• Essential services
• Medical care

Non-economic loss is more nebulous. Injured parties can demand compensation for pain and suffering, which is a broad category that’s challenging to quantify:

• Missing important life events
• Depression and anxiety
• Post-traumatic stress disorder
• Physical discomfort and pain
• Mental anguish, emotional distress, mood swings and sleep disturbance

While fighting a civil suit can be taxing, drivers can take heart knowing that if a pedestrian sustains injuries while jaywalking, the courts will take that negligence under consideration.

Where Can You Find a Car Accident Lawyer in Michigan?

If you’ve been in a car accident and your insurance company refuses to cover damages, Mike Morse Law Firm can help. We only charge if we win the case, and we’ve secured over $1.5 billion over the years. Contact us online or call (855) 645-3946 to schedule your consultation.