Our Michigan pedestrian accident lawyers recently settled a lawsuit against a driver that was pending in the United States District Court for the Eastern District of Michigan. Our client had left his place of employment on Michigan Avenue in Wayne, Michigan and was crossing the road when he was struck by an automobile. There was no crosswalk or traffic signal in the area of the incident and he was crossing the roadway in the rain just after sundown. He had made it safely through the first three lanes and was struck just before he got to the median on the road. The defendant claimed that she never saw the pedestrian until he was up the windshield of her car. Although it was dark outside, the police noted that the area was “well-lit” due to street lights and businesses in the area.
A pedestrian hit by car while crossing in a crosswalk with a green light has a very good case against the negligent driver. However, pedestrians struck by a car in the middle of a street or outside of a crosswalk may also have a strong case against the negligent driver, but this all depends on several factors. These factors include the lighting conditions at the time of the pedestrian-car accident, the speed limit in the area, whether the driver was distracted, and whether other motorists were able to see the person in the roadway before being struck by the motor vehicle. In fact, witness statements are often the most popular evidence in determining if there is a good case for this type of injury accident.
Our client suffered serious orthopedic injuries in the accident and is disabled from work. The defense argued that he was unlawfully crossing the street at night and that the driver had no ability to see him. The defense also argued that our client was one hundred percent at fault and negligent for his own injuries. The case settled for $50,000.00 prior to trial. This was fifty percent of the insurance policy limits and accounted for the jury possibly assessing negligence against our client for crossing the roadway at night during busy traffic hours.
If you or loved one was struck by a car while crossing the street, whether it was in a crosswalk or not, you still have legal rights and may be able to receive compensation for injuries suffered. Call our top rated pedestrian accident law firm today to discuss your case and learn your rights. Our Buckfire & Buckfire award winning lawyers have significant experience in these types of cases and have a track record of obtaining sizeable settlements for our injured pedestrian car accident victims. Call today at (800) 606-1717 for your free, no obligation consultation!