Berkley is a close-knit, walkable community where residents take pride in strolling downtown, visiting local restaurants, and walking their kids to school. With busy streets like Coolidge Highway, 12 Mile Road, and Greenfield Road running through the heart of the city, pedestrians are always on the move—whether commuting, exercising, or simply enjoying the neighborhood.

But with this increased foot traffic comes growing risk. Pedestrian accidents in Berkley and the surrounding areas have risen due to heavier traffic flow, distracted driving, and drivers failing to yield at crosswalks. These incidents often happen without warning and can leave victims facing life-changing injuries, overwhelming medical bills, and emotional trauma.

Pedestrians have no protection against a moving vehicle. Even low-speed collisions can cause catastrophic harm, from broken bones to traumatic brain injuries. The physical, emotional, and financial impact on victims and their families can be profound.

That’s where Liss, Shapero & Mitnick steps in. With more than 50 years of combined experience, our Berkley-based personal injury attorneys have deep roots in Oakland County and a long history of standing up for injured pedestrians. Our firm was built on values that matter—honor, integrity, and treating every client like family.

Michigan Pedestrian Accident Laws

Michigan’s laws are designed to protect pedestrians—yet insurance companies often try to shift blame or minimize claims. Understanding your rights can help you take the right next steps.

Right-of-Way Laws

Michigan law generally requires drivers to:

• Yield to pedestrians in marked crosswalks
• Stop for pedestrians approaching or within the roadway
• Exercise caution in school zones and residential areas

Pedestrians are also required to follow traffic signals and use crosswalks when available. When drivers violate these rules, they can be held responsible for any resulting injuries.

Driver Duties & Pedestrian Duties

Driver Duties

• Remain alert and avoid distractions
• Follow posted speed limits
• Yield at crosswalks and intersections
• Use caution in neighborhoods and around schools

Pedestrian Duties

• Obey traffic signals
• Use sidewalks and crosswalks when available
• Exercise reasonable care for your own safety

However, even if a pedestrian is partially at fault, they may still recover compensation under Michigan law.

Michigan No-Fault Insurance for Pedestrians

Under Michigan’s No-Fault system, pedestrians hit by a motor vehicle can receive Personal Injury Protection (PIP) benefits—even if they don’t have auto insurance.

PIP benefits may cover:

Who Pays Medical Bills

Your own auto insurer, a household member’s policy, or the Michigan Assigned Claims Plan (MACP) if no insurance is available.

Lost Wages

Reimbursement for lost income if your injuries prevent you from working.

Replacement Services

Coverage for household tasks—cleaning, laundry, cooking—that you can’t perform during recovery.

When Pedestrians Can Sue the At-Fault Driver

In addition to No-Fault benefits, pedestrians may pursue a lawsuit against the at-fault driver for:

Serious Impairment of Body Function

Injuries that affect your ability to live your normal life.

Permanent Serious Disfigurement

Significant scarring or permanent physical disfigurement.

Wrongful Death

If your loved one was killed, the family may pursue compensation through a wrongful death claim.

Comparative Negligence in Michigan

Michigan uses a comparative negligence system, meaning:

How Fault Is Shared

If both the driver and pedestrian share blame, fault is assigned by percentage.

How It Affects Compensation

Your compensation may be reduced by your percentage of fault—but you may still recover damages unless you are more than 50% at fault for the incident.

Insurance companies often try to blame the pedestrian. LSM stands up to these tactics and ensures fault is assigned fairly based on facts—not assumptions.

What to Do After a Pedestrian Accident in Berkley

What you do in the minutes and days following an accident can have a major impact on your health, your recovery, and your legal rights.

Call 911 & Seek Medical Attention

Your health comes first. Even if you think you’re okay, many serious injuries—especially brain and internal injuries—may not appear right away.

Document the Scene (Photos, Video)

Take photos of:

• Your injuries
• The vehicle
• The crosswalk or intersection
• Traffic signals
• Weather or visibility conditions

Collect Witness Information

Ask for the names and contact information of anyone who saw the crash or its aftermath. Witness testimony is often essential for proving liability.

Request a Police Report

The police report provides an official record of what happened. It may include citations issued to the driver, witness statements, and important details for your case.

Avoid Speaking to Insurance Adjusters Alone

Insurance companies may pressure you to:

• Admit fault
• Minimize your injuries
• Accept a low settlement

Contact Liss, Shapero & Mitnick Immediately

The sooner we begin working on your case, the better. We handle every step:

• Investigating the accident
• Preserving evidence
• Managing insurance communications
• Building a strong claim for compensation

When you call LSM, you get a full team dedicated to your recovery, your rights, and your future.

Determining Liability in a Pedestrian Accident

Assigning liability in a pedestrian accident is rarely simple. Multiple parties may be responsible—from negligent drivers to municipalities that failed to maintain safe crosswalks. At Liss, Shapero & Mitnick, we thoroughly investigate every angle to ensure accountability and full compensation.

At-Fault Drivers

Most pedestrian accidents occur because a driver:

• Was distracted
• Failed to yield
• Was speeding
• Made an improper turn
• Was impaired by drugs or alcohol

Drivers who violate Michigan traffic laws can be held liable for the injuries they cause. Our team gathers evidence to prove negligence and ensure the driver is held fully responsible.

Commercial Vehicle or Delivery Drivers

Delivery vans, rideshare vehicles, company cars, and trucks create additional layers of liability. In these cases, both the driver and their employer may be held accountable under Michigan law.

These claims often involve:

• Corporate insurance policies
• Driver logs
• GPS and route data
• Company safety standards

LSM is experienced in handling these complex, multi-party cases.

Uninsured / Underinsured Motorists

If the at-fault driver has no insurance or insufficient coverage, you may still be able to recover compensation through your own:

• Uninsured motorist (UM) coverage
• Underinsured motorist (UIM) coverage
• No-Fault benefits

We evaluate every available policy to maximize recovery.

Municipal Liability (Defective Crosswalks, Signal Issues)

Pedestrian accidents sometimes occur because the city failed to maintain safe walkways. Examples include:

• Malfunctioning traffic signals
• Faded or missing crosswalk markings
• Broken streetlights
• Unsafe intersection design

Claims involving municipalities have strict filing deadlines and immunity rules. LSM ensures every requirement is met and every piece of evidence is preserved.

Premises Liability (Parking Lots, Business Entrances)

Some pedestrian accidents occur on private property, such as:

• Restaurant parking lots
• Shopping centers
• Office buildings
• Gas stations

Property owners must keep walkways safe and visible. When poor design, inadequate lighting, or confusing traffic patterns cause injury, the business may be held liable.

Damages Available to Pedestrian Accident Victims

A pedestrian accident can leave you with physical, emotional, and financial challenges that last for months—or a lifetime. Michigan law allows injury victims to pursue both economic and non-economic damages.

Economic Damages

These compensation categories reflect the financial impact of your injury.

Medical Expenses

Covers ER visits, surgeries, physical therapy, imaging, medications, and long-term treatment.

Lost Wages

If you cannot work due to your injuries, you may be entitled to reimbursement for past and future income loss.

Future Medical Care

Long-term injuries may require rehabilitation, pain management, future surgeries, or ongoing treatment.

Mobility Aids

Covers wheelchairs, braces, crutches, and other medical equipment needed to support your recovery.

Non-Economic Damages

These damages compensate for the human impact of your injuries.

Pain and Suffering

The physical pain and long-term effects of being struck by a vehicle.

Emotional Trauma

Includes anxiety, depression, PTSD, and psychological distress.

Loss of Enjoyment of Life

Compensation for hobbies, activities, and normal routines you can no longer enjoy because of your injuries.

Wrongful Death Compensation

When a pedestrian accident results in a tragic loss of life, the surviving family may recover compensation for:

• Loss of companionship
• Loss of financial support
• Funeral and burial expenses
• Emotional suffering

LSM handles wrongful death cases with the greatest respect, compassion, and dedication to the family’s needs.

Your Recovery Starts With the Right Team

If you or someone you love has been injured in a pedestrian accident in Berkley, MI, you deserve a law firm that treats you with respect, compassion, and unwavering dedication. At Liss, Shapero & Mitnick, we understand the physical, emotional, and financial strain these accidents place on victims and their families. That’s why we put your story first—and we fight to make sure it’s heard.

With more than 50 years of combined experience, a deep commitment to the Berkley community, and a full-team approach to every case, we are here to protect your rights, stand up to the insurance companies, and guide you at every step of your recovery journey. When you hire LSM, you’re not just a case—you’re part of our family.

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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