Michigan Pedestrian Accident Law

Michigan No-Fault Coverage for Pedestrians

Under Michigan’s No-Fault Insurance Act (MCL 500.3101 et seq.), pedestrians injured by motor vehicles are entitled to Personal Injury Protection (PIP) benefits — regardless of fault. PIP benefits may include:

The order of priority for who pays PIP benefits is:

1. The pedestrian’s own No-Fault policy
2. A resident relative’s policy
3. The vehicle owner’s or operator’s insurer
4. The Michigan Assigned Claims Plan (if no other policy applies)

All No-Fault claims must be filed within one year of the accident to preserve benefits.

Pain and Suffering and Wrongful Death Claims

In addition to No-Fault benefits, pedestrians may pursue a civil liability claim against the negligent driver for:

For fatal crashes, surviving family members may pursue a wrongful death action under Michigan’s Wrongful Death Act (MCL 600.2922) to recover for funeral costs, loss of financial support, and loss of companionship.

Common Pedestrian Injuries

Pedestrians are completely exposed in a collision and frequently sustain:

These injuries often require months of treatment and rehabilitation — and can lead to permanent loss of independence or income.

Comparative Fault in Pedestrian Cases

Michigan follows a modified comparative negligence rule. A pedestrian’s recovery is reduced by their percentage of fault — and barred entirely if they are more than 50% at fault. Insurers often argue that the pedestrian “came out of nowhere” or was “not in a crosswalk.” At JKH Law, we investigate intersection design, driver sightlines, speed, and lighting conditions to prove full liability where it belongs.