Time Change, Dark Commutes: Pedestrian Safety & Michigan Right-of-Way Rules

When the clocks roll back each November, most people look forward to an extra hour of sleep. But for Michigan drivers and pedestrians, the end of Daylight Saving Time marks the beginning of a far more dangerous season on the roads. Earlier sunsets mean that evening commutes — once lit by daylight — now happen in near darkness. As visibility drops and traffic remains heavy, the risk of serious pedestrian accidents rises dramatically.

According to data from the Michigan State Police Traffic Crash Reporting System, nearly 75% of fatal pedestrian crashes in the state occur after dark, with a sharp spike between November and February. Nationally, the National Highway Traffic Safety Administration (NHTSA) reports that pedestrian fatalities increase by as much as 40% during fall and winter evening hours following the time change.

This seasonal shift brings a double challenge: drivers must adjust to dim light and glare at rush hour, while pedestrians are harder to see in crosswalks, neighborhoods, and parking lots. Even familiar routes become more hazardous — a short evening walk with a dog, a jog around the block, or a child crossing a residential street at dusk suddenly carries heightened risk.

Why Pedestrian Accidents Increase After Daylight Saving Time

There’s science behind this seasonal danger. Human bodies are wired to respond to light — and when daylight suddenly disappears an hour earlier, our circadian rhythms take time to adjust. That means drivers are often drowsier and less alert during their evening commutes. Combined with the glare from headlights and streetlights reflecting off wet or icy roads, reaction times slow just when pedestrians are hardest to see.

Studies show that most pedestrian accidents occur between 6 p.m. and 9 p.m., the exact window when visibility is lowest and fatigue is highest. Drivers are rushing home, pedestrians assume they’ll be seen, and just a few seconds of misjudgment can have tragic consequences.

Several factors make dusk particularly dangerous:

• Headlight glare: Low-angle sun during late afternoons and early evenings can temporarily blind drivers. Once darkness falls, oncoming headlights and wet pavement reduce contrast and depth perception.
• Dark clothing and poor lighting: Many pedestrians underestimate how invisible they are in dark or non-reflective clothing, especially in areas without adequate streetlights.
• Driver fatigue: Adjusting to the time change disrupts sleep schedules, and tired drivers react more slowly to movement in their peripheral vision.

In Michigan, crash data consistently shows a seasonal pattern — pedestrian injuries and fatalities rise in November and December, particularly in urban and suburban areas with high foot traffic. Metro Detroit, Oakland County, and Wayne County have some of the highest rates of dusk-related pedestrian accidents in the state.

Understanding Michigan Pedestrian Right-of-Way Rules

When it comes to pedestrian safety, understanding Michigan’s right-of-way laws is crucial — both for drivers and for those on foot. Many serious accidents happen not because people ignore the law, but because they misunderstand it.

Under Michigan law (MCL 257.612 and 257.613), drivers must yield to pedestrians who are:

• In a marked crosswalk or at an intersection without traffic signals.
• Crossing lawfully when a vehicle is turning left or right.
• In the driver’s lane of travel — motorists must stop completely, not just slow down.

In other words, if a pedestrian has already entered the crosswalk, drivers are legally required to come to a full stop until the person has safely cleared their lane. Simply tapping the brakes isn’t enough — failure to yield is a ticketable offense and, more importantly, a preventable cause of devastating injuries.

Pedestrians, too, have responsibilities under Michigan traffic law. They must:

• Obey “Walk/Don’t Walk” signals at intersections.
• Use designated crosswalks where available.
• Avoid suddenly entering the road in a way that gives a driver no time to react.

Adding to the confusion, some Michigan cities — such as Ann Arbor — have enacted local ordinances requiring drivers to stop for pedestrians waiting at the curb, not just those already in the crosswalk. Other communities follow only the state standard, creating inconsistency that can leave both drivers and pedestrians unsure of who has the right-of-way.

Even so, drivers always have a duty of care to be alert, anticipate pedestrian presence, and take reasonable action to avoid collisions. That means staying focused, slowing down in neighborhoods or near schools, and never assuming a pedestrian will move out of the way. A moment of distraction can turn a near miss into a life-altering crash.

Debunking Comparative Fault Myths

After a pedestrian accident, insurance companies often try to shift blame to the victim — claiming they “should have been paying attention” or “weren’t in a crosswalk.” But Michigan law doesn’t let insurers off the hook that easily.

Michigan follows a modified comparative fault rule, which means an injured person can still recover damages even if they were partially at fault — as long as their share of responsibility is less than 50%. Their total recovery is simply reduced by their percentage of fault.

For example:

• A pedestrian may have crossed outside of a crosswalk, but the driver was speeding or texting while driving.
• A victim may have been wearing dark clothing at night, but the driver failed to use headlights or didn’t yield when they clearly saw the person crossing.

In both situations, the pedestrian could still recover compensation for their injuries.

Unfortunately, insurance adjusters often exploit misunderstandings of comparative fault to minimize payouts or deny valid claims altogether. They may argue that the pedestrian “caused their own injuries” or that “nothing could have been done to avoid the accident.”

At Liss, Shapero & Mitnick, we know these tactics — and we don’t let them stand. Our team conducts detailed investigations to uncover every contributing factor, from vehicle speed data to roadway lighting and witness statements. We work with accident reconstruction experts to ensure fault is assigned fairly and accurately, protecting our clients’ rights to full and just compensation.

Safety Tips for Both Drivers and Pedestrians

As the days grow shorter and Michigan commutes get darker, both drivers and pedestrians need to take extra care to keep each other safe. Many of the most serious evening crashes are entirely preventable with simple awareness and good habits.

For Drivers:

• Slow down in neighborhoods, near schools, and at intersections — especially after sunset when children, joggers, or dog walkers may be harder to see.
• Watch for pedestrians in crosswalks, particularly when making left or right turns. Turning vehicles are involved in a significant number of crosswalk crashes.
• Eliminate distractions. Put the phone down — no texting, eating, or adjusting your GPS while driving. Even a momentary glance away from the road can have devastating consequences.
• Use your headlights at dusk and dawn, even if streetlights are on. Proper lighting helps you see farther ahead and makes you more visible to others.
• Remember: You share the road. Pedestrians have the same right to safety as you do behind the wheel.

For Pedestrians:

• Use crosswalks whenever possible — they’re designed to give you the safest path across traffic.
• Wear reflective clothing or carry a light after dark. A small flashlight or LED armband can make a big difference in visibility.
• Make eye contact with drivers before stepping into the road to ensure they see you and are stopping.
• Stay alert. Avoid using headphones or looking down at your phone near intersections or driveways.
• Walk facing traffic if sidewalks aren’t available, so you can see oncoming vehicles and react quickly.

By staying cautious and visible, pedestrians and drivers can both do their part to prevent the next tragedy.

Protect Your Rights After a Daylight Saving Pedestrian Accident in Michigan

When a pedestrian accident happens, especially after dark, the results can be devastating — and the legal issues can be complex. Victims of dusk-related collisions have important rights under Michigan law, including access to no-fault insurance benefits for medical care and lost wages, and potential third-party claims against negligent drivers who failed to yield, speeded through intersections, or drove distracted.

At Liss, Shapero & Mitnick, we’ve been helping Michigan residents rebuild after pedestrian and auto-related injuries for more than 25 years. Our team-based approach means every client benefits from the combined skill and experience of our attorneys, investigators, and staff. We know the local roads, the local laws, and the tactics insurers use to minimize payouts — and we’re here to make sure your story is heard and your recovery is protected.

📍 Liss, Shapero & Mitnick
2695 Coolidge Highway
Berkley, MI 48072

📞 248-584-1300 | Toll-Free: 1-855-LISS-LAW (547-7529)

Your Rights First. Your Story Matters.

‍