Pedestrian and cyclist accidents are far more common in Oakland County and Metro Detroit than most people realize. Busy intersections, high-traffic corridors, and growing foot and bike activity make walkers and riders especially vulnerable. When a vehicle strikes a person, the human body simply cannot absorb that impact. The result is often catastrophic injuries, emotional trauma, and financial hardship.

At Liss, Shapero & Mitnick, we understand what these moments truly mean for our clients. A pedestrian accident is not just a legal issue—it’s a life-changing event that affects your health, your income, your mobility, and your peace of mind. Our firm has spent more than 50 years combined protecting injury victims throughout Oakland County. We are a community-based law firm, rooted in Berkley for over two decades, known for our integrity, compassion, and unwavering commitment to the people we serve.

When you come to LSM, you don’t just get a lawyer—you get our entire team, working together to protect your rights, support your recovery, and help you rebuild your life. We treat every client like family, because that’s the culture this firm was built on.

What to Do After Being Hit by a Car in Oakland County

A pedestrian or bicycle accident is overwhelming, especially when you’re injured and unsure of what to do next. These steps can protect both your health and your legal rights.

Ensure Medical Attention

Your safety always comes first. Even if you feel “okay,” injuries like concussions, internal trauma, and ligament tears aren’t always obvious at the scene. Get medical care immediately so your injuries are properly documented.

Contact Local Law Enforcement

Call 911 and wait for police to arrive. The police report will be a critical piece of evidence when dealing with insurance companies or pursuing compensation from the at-fault driver.

Collect Evidence

If you’re able, gather as much information at the scene as possible:

• Photos of your injuries
• Photos of the vehicle and damage
• Photos of the intersection or roadway
• Names and phone numbers of witnesses
• The driver’s name, insurance info, and license plate number

If you can’t gather evidence due to your injuries, don’t worry—LSM can investigate and collect all necessary documentation for you.

Avoid Speaking to Insurance Adjusters Alone

Insurance companies will often try to get statements from you quickly, sometimes even while you’re still in the hospital. Their goal is to protect their bottom line—not your health or your future.

Do not give a recorded statement or sign anything before speaking with us.

Call Liss, Shapero & Mitnick for Guidance

Our attorneys will walk you through every step, ensure your rights are protected, and help you start the claims process. We handle all communication with the insurance companies so you can focus on healing.

Michigan Laws That Impact Your Case

Pedestrian and bicyclist cases involve unique legal rules in Michigan. Understanding these laws will help you know what benefits you may be entitled to and when you can pursue additional compensation.

Michigan’s No-Fault Insurance System (Pedestrians & Cyclists Included)

Under Michigan’s No-Fault system, pedestrians and cyclists struck by a motor vehicle are entitled to Personal Injury Protection (PIP) benefits—even if they don’t own a car or have auto insurance.

These benefits may cover:

• Lifetime medical care
• Wage loss
• Attendant care
• Replacement services
• Mileage for medical travel

Who Pays Medical Bills After a Pedestrian Accident

Your medical bills are typically paid through the No-Fault order of priority, which determines which insurance company is responsible. Depending on the situation, it may be:

• Your own auto insurer
• A household member’s auto insurer
• The Michigan Assigned Claims Plan (MACP)

We help determine which insurer is responsible and ensure claims are filed properly.

When You Can Sue the At-Fault Driver

In addition to No-Fault benefits, you may be able to pursue a lawsuit against the at-fault driver for pain and suffering damages, but only if your injuries meet one of Michigan’s legal thresholds:

Serious Impairment of Body Function

A significant injury that affects your ability to live your normal life.

Permanent Serious Disfigurement

Scarring, burns, or disfigurement that permanently alters your appearance.

Wrongful Death

If a loved one is killed in a pedestrian or cyclist accident, surviving family members may be able to pursue compensation for funeral expenses, loss of support, and the emotional impact of the loss.

Filing Deadlines & Legal Requirements

Michigan has strict time limits for bringing claims:

• Personal injury claims: Typically 3 years from the date of the accident
• Wrongful death claims: Must be filed by the estate within the legal timeframe
• No-Fault claims: Must be filed within 1 year of the accident, or benefits may be denied

Missing these deadlines can prevent you from recovering compensation. We ensure every claim is filed correctly and on time.

When the Driver May Face Higher Liability

Certain behaviors increase a driver’s responsibility and may strengthen your claim:

Drunk or Drugged Driving

Impaired drivers are a major cause of severe pedestrian injuries.

Distracted Driving

Texting, GPS use, and other distractions significantly increase collision risk.

Speeding or Reckless Driving

Higher speed = greater impact = more severe injuries.

Hit-and-Run Cases

You may still recover compensation, even if the driver leaves the scene. LSM can pursue uninsured motorist claims and conduct independent investigations to locate the driver.

Who Is Responsible? Determining Liability

After a pedestrian or cyclist is hit by a car, determining liability is crucial for recovering compensation. Michigan law allows multiple parties to share responsibility depending on the circumstances.

Negligent Drivers

Most pedestrian accidents are caused by drivers who fail to follow basic safety rules:

• Distracted driving
• Speeding
• Failing to yield
• Running red lights or stop signs

Commercial Vehicle Operators

When delivery drivers, truckers, or company vehicles are involved, both the driver and their employer may be liable. These cases often involve more insurance coverage—and more aggressive defense tactics—which makes having experienced representation essential.

Municipal Liability

Sometimes road design is the problem, not just the driver. A city or municipality may be responsible if the accident was caused by:

• Broken or missing crosswalks
• Malfunctioning traffic signals
• Dangerous road conditions
• Poor lighting

Uninsured / Underinsured Motorists

If the at-fault driver has no insurance—or not enough to cover your damages—you may be able to file a claim through uninsured/underinsured motorist coverage. LSM helps identify all available policies to ensure nothing is missed.

Shared Fault & Michigan’s Comparative Negligence Law

Michigan uses a comparative negligence system. This means:

• You can still recover compensation even if you were partially at fault.
• Your compensation may be reduced by your percentage of fault.

Insurance companies try to use this against victims—blaming pedestrians for not being visible enough or crossing incorrectly. At LSM, we push back aggressively to ensure fault is correctly assigned and your rights are protected.

Compensation You May Be Entitled To

After being hit by a car, victims often worry about medical bills, time away from work, and how they will rebuild their lives. Michigan law allows pedestrians and cyclists to pursue several types of compensation, depending on the circumstances of the crash.

No-Fault PIP Benefits

Under Michigan’s No-Fault system, pedestrians and cyclists struck by a motor vehicle are generally entitled to Personal Injury Protection (PIP) benefits, regardless of who caused the accident.

These benefits can include:

Medical Care

Coverage for hospital treatment, surgery, physical therapy, medication, rehabilitation, and long-term medical needs.

Lost Wages

A portion of your income may be reimbursed if your injuries prevent you from working.

Replacement Services

Coverage for help with daily tasks you can’t perform due to your injuries—such as cleaning, cooking, transportation, and household chores.

Pain & Suffering Damages

If your injuries meet Michigan’s legal threshold, you may also pursue compensation for:

• Physical pain
• Emotional suffering
• Loss of enjoyment of life
• Permanent disability or impairment
• Scarring or disfigurement

Pain and suffering compensation is separate from PIP benefits and is typically recovered by suing the at-fault driver.

Future Medical & Life Care Costs

Some injuries require long-term care, from follow-up surgeries to assistive devices or home modifications. Our team works closely with medical professionals to understand the full impact of your injury and pursue compensation that reflects your future needs—not just immediate expenses.

Wrongful Death Compensation

When a pedestrian or cyclist loses their life, Michigan law allows surviving family members to pursue damages for:

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship and guidance
• Medical bills incurred before passing

Our attorneys handle wrongful death cases with compassion and absolute respect for the family’s grief.

Your Rights First: Get the Help You Deserve

If you or someone you love was hit by a car in Oakland County, you shouldn’t face the insurance companies or legal system alone. At Liss, Shapero & Mitnick, we bring honor, integrity, community values, and relentless advocacy to every case we handle.

From the moment we take your call, you’ll have an entire team behind you—guiding you, supporting you, and fighting for the justice you deserve. Here, you’re treated like family, not a file number.

Contact Liss, Shapero & Mitnick Today

📍 2695 Coolidge Highway, Berkley, MI 48072
📞 248-584-1300 📞 Toll-Free: 1-855-LISS-LAW (1-855-547-7529)
📠 248-584-1323

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