Highway Accidents in Michigan
Accidents that occur on the highway are likely to be serious because of the speed at which vehicles collide with one another. Quite frankly, it is often times a miracle if a threshold injury does not occur in these scenarios. What if your car breaks down and you’re left on the side of a busy highway? If you’re injured, will your insurer cover you?
Am I Covered By My Insurer?
In most situations, pedestrians on the side of a highway are likely to collect no-fault insurance benefits as long as they are insured as required by law. The most likely reason that one would not collect no-fault benefits on the side of a busy highway is if he/she is the owner of a broken down vehicle that is not insured, and a determination is made that the broken down vehicle is involved in the accident. Where the vehicle is an “active link” in the chain of events which lead to an accident and injury, those uninsured individuals will not be entitled to no-fault benefits. In most other situations, a pedestrian will collect no-fault insurance benefits—even if his own negligent conduct leads to an accident. As the name of the Act implies, fault is not required. However, a pedestrian’s own negligence is likely to bar his ability to sue the driver of a vehicle that hits him for non-economic damages.
Negligent 3rd Party Lawsuit Conduct
For those pedestrians who have suffered a threshold injury (death, permanent disfigurement, serious impairment of an important body function), and who want to collect non-economic damages (pain and suffering, consortium, etc.), negligence on the part of the driver involved in the accident must be proven. What is negligence? Negligence can be found in those situations where one has failed to act as a reasonable person would under the same set of circumstances. So, what kind of conduct on the highway is likely to be considered negligent conduct? Examples of negligent conduct are: using cell phones in any capacity, not wearing glasses or contacts, speeding, not using turn signals, driving inappropriately due to weather conditions, disobeying signs, failing to use head lights, and eating or drinking.
Contact a Michigan No-Fault Insurance Attorney Today
If you or someone you love has been injured in any accident involving a motor vehicle, contact Akiva Goldman & Associates today for a free initial consultation at 586-268-2400.