Quick answer
A pedestrian hit by a truck or other vehicle in Michigan can usually claim no-fault benefits for medical bills and lost wages, often through a household auto policy or, if no policy applies, the Michigan Assigned Claims Plan. A separate claim against the driver and their employer can cover pain and suffering when the injury meets Michigan's threshold.
- No-fault applies?
- Yes, in most cases
- No auto policy?
- Michigan Assigned Claims Plan
- Deadline to sue
- Generally 3 years
About pedestrian accident cases
When a truck or delivery van strikes a pedestrian, injuries are often catastrophic: fractures, head and spinal injuries and internal trauma.
Inosencio & Fisk helps injured pedestrians and their families in Jackson and across Michigan get no-fault benefits started quickly and hold careless drivers and their employers accountable.
Common causes of pedestrian crashes
- Failure to yield in crosswalks and intersections
- Right turns where the driver never sees the pedestrian
- Backing in parking lots and loading areas
- Distracted driving near schools and neighborhoods
- Speeding in residential areas
- Poor visibility at night or in bad weather
Who may be responsible
Truck cases often involve more than one responsible party, and each may carry its own insurance. We look at all of them.
Driver
Failing to yield, unsafe turns, backing or distraction.
Driver's employer
Responsible when the driver was working at the time.
Vehicle owner
Michigan's owner's liability law can make an owner responsible when the vehicle is driven with permission.
Property owner
In some cases, for dangerous parking lot or loading-area conditions.
Government agency
Rare, and subject to strict notice deadlines, for certain road defects.
Evidence we move to preserve
Trucking companies are only required to keep some records for months, and electronic data can be overwritten. We send preservation letters right away.
- Crosswalk and traffic signal timing
- Surveillance and doorbell video
- Vehicle camera and telematics data
- Witness statements
- Scene photos of sight lines and lighting
- Medical records documenting every injury
What you may be able to recover
Michigan claims usually have two parts.
No-fault (PIP) benefits
Paid by your own or a household auto policy, regardless of fault.
- Medical and rehabilitation expenses, based on your policy's coverage level
- Lost wages for up to three years, subject to statutory limits
- Replacement services such as household help
- Attendant care and mileage to medical appointments
Claim against the at-fault parties
For losses no-fault does not cover.
- Pain and suffering, when the injury meets Michigan's threshold
- Wage loss beyond no-fault's limits
- Medical costs beyond your policy's coverage level
- Future care and lost earning capacity
- Vehicle and property damage
Michigan law at a glance
| Rule | What it means | Source |
|---|---|---|
| No-fault (PIP) claim notice | Written notice to the insurer within 1 year of the crash | MCL 500.3145 |
| Lawsuit against at-fault parties | Generally within 3 years of the crash | MCL 600.5805 |
| Pain and suffering threshold | Serious impairment of body function, permanent serious disfigurement or death | MCL 500.3135 |
| Shared fault | Recovery is reduced by your share of fault; more than 50% bars pain and suffering | MCL 500.3135(2)(b) |
| Truck driver hours | 11 hours driving after 10 off, no driving past the 14th hour on duty, 30-minute break after 8 hours driving | 49 CFR 395.3 |
| Claims against government | Written notice deadlines as short as 120 days for road defects | MCL 691.1404 |
Deadlines have exceptions and some are shorter. Talk to a lawyer before relying on any date.
What to do after a pedestrian crash
Get medical care and follow up
Some injuries, including brain injuries, show up days later. Medical records link the injury to the crash.
Report the crash
Call police and get the report number. Crashes involving commercial vehicles are often investigated in more detail.
Photograph everything
The vehicles, company names, USDOT numbers, the scene, skid marks and your injuries.
Skip the recorded statement
Do not give a recorded statement to the trucking company's insurer before you talk with a lawyer.
Start your no-fault claim
Notify your auto insurer in writing and keep every bill. The notice deadline is generally one year.
Call a lawyer early
We send preservation letters so driver logs, black box data and video are not overwritten or thrown away.
Pedestrian Injuries: common questions
Does Michigan no-fault cover pedestrians?
Yes. A pedestrian hit by a motor vehicle can usually claim no-fault personal protection insurance benefits, often through their own household auto policy. A pedestrian without auto insurance may be able to claim through the Michigan Assigned Claims Plan.
Can a pedestrian be partly at fault?
Yes. Michigan uses comparative fault, which can reduce compensation by the injured person's share of fault. Insurers often try to blame pedestrians, so a careful investigation of the scene matters.
Where do most truck and pedestrian accidents happen?
Many happen at intersections, in crosswalks, in parking lots and at loading areas, often when a large vehicle turns or backs up and the driver cannot see the pedestrian.
What injuries are common in pedestrian accidents?
Fractures, head and brain injuries, spinal injuries and internal injuries are common because pedestrians have no protection from the impact.
Can a family member file a claim for a child hit by a vehicle?
Yes. A parent or guardian can pursue a claim on behalf of an injured child. Settlements for minors often require court approval in Michigan.
