Pedestrian Hit in Royal Oak? Build a Strong Injury Case

1) Prioritize Safety and Medical Care (and Keep the Paper Trail)

Your health comes first. If you are hurt, get medical evaluation as soon as you can, especially for head, neck, back, and internal injuries that may not be obvious immediately.

From a claim perspective, consistent medical documentation can help show timing and progression of symptoms after a crash. Keep copies of:

• Emergency room/urgent care records
• Imaging results (X-ray/CT/MRI) and referral notes
• Physical therapy and follow-up visit notes
• Prescription records and receipts

2) Call Law Enforcement and Request the Traffic Crash Report

If police respond, the crash report can be an important reference point for basic facts (driver identity, location, listed witnesses, and initial observations). In Michigan, you can typically purchase a copy through the Michigan State Police crash report system or other authorized channels: https://www.michigan.gov/msp/services/traffic-crash-reporting.

Review the report for errors (for example, an incorrect location or missing witness information). If something looks wrong, consider addressing it early, before an insurer treats the report as definitive.

3) Preserve Evidence Before It Disappears

Pedestrian cases often turn on evidence that can disappear quickly. Video overwrites, vehicles get repaired, and witness memories fade.

If you are able (and it is safe), preserve:

• Photos/video of the scene (crosswalk markings, signals, lighting, obstructions, weather)
• Photos of visible injuries over time
• Photos of the vehicle and damage areas (impact location can matter)
• Clothing/shoes/personal items (store them; avoid washing/repairing if possible)
• Any app data that helps confirm time/location (for example, fitness tracking or rideshare receipts)

If there may be nearby cameras (businesses, homes, or municipal systems), act quickly to identify them and request preservation. Some systems overwrite footage in days, not weeks.

4) Identify Witnesses and Lock in Statements

Independent witnesses can be critical in disputes about crosswalk position, signal color, driver speed, or whether a driver failed to yield.

If you can, collect names and contact information and write down (in your own words) what each witness said while it is fresh. Even short notes can help later.

5) Understand the Two Big Buckets: No-Fault (PIP) Benefits vs. Fault-Based Claims

A) Michigan no-fault (PIP) benefits (when available)

Michigan’s no-fault system may provide personal protection insurance (PIP) benefits for accidental bodily injury arising out of the ownership, operation, maintenance, or use of a motor vehicle. See generally https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-500-3105.

For pedestrians, which policy pays can depend on statutory “priority” rules, often starting with the injured person’s own auto policy or a household policy (if any). See https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-500-3114. If no applicable policy exists, coverage may be pursued through the Michigan Assigned Claims Plan under certain conditions. See https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-500-3172.

B) A fault-based injury claim (tort) against a responsible party

Separately from PIP, an injured pedestrian may be able to bring a fault-based claim for certain damages (including noneconomic damages) if Michigan’s legal requirements are met. See https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-500-3135. Michigan also applies comparative fault principles that can reduce damages if a plaintiff is found partially at fault. See https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-600-2959.

Because pedestrian collisions can involve multiple potential policies (driver’s auto coverage, an injured person’s household policy, employer-related coverage, and sometimes uninsured/underinsured motorist coverage), identifying potential sources early can reduce delays and coverage disputes.

6) Proving Fault in a Royal Oak Pedestrian Collision

Fault is often built by combining roadway facts with human factors. Evidence may include:

• Intersection design, signal timing, and crosswalk markings
• Impact points, vehicle damage patterns, and (when available) event data recorder information
• Witness accounts about yielding, speed, or distraction
• Any evidence suggesting impairment or distracted driving

Michigan law includes specific rules about yielding to pedestrians in certain crosswalk situations. See https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-257-612. The exact application depends on the facts (signals, crosswalk location, and pedestrian behavior).

Also consider whether anyone besides the driver could share responsibility, such as an employer (if the driver was in the course of work) or, in limited circumstances and depending on immunity and notice requirements, an entity responsible for roadway conditions.

7) Document Damages: Pain, Limitations, Lost Income, and Out-of-Pocket Costs

Insurers tend to value what you can prove. Consider building a simple damages file with:

• Medical/rehab: bills, explanations of benefits, prescriptions, treatment plans, restrictions
• Work/income: pay stubs, W-2/1099s, attendance records, and a letter confirming missed time and duties
• Daily impact: a brief journal tracking pain, sleep, mobility, missed activities, and household assistance
• Out-of-pocket: mileage/transportation, parking, supplies, co-pays

8) Common Mistakes That Can Undercut a Pedestrian Injury Case

Common issues that can complicate claims include:

• Giving a recorded statement to an insurer before you understand what coverage applies and what issues are in dispute
• Social media posts that can be taken out of context
• Long gaps in treatment without a documented reason (for example, inability to get appointments)
• Discarding clothing, footwear, or damaged items from the collision
• Assuming the police report is error-free and never reviewing it for mistakes

9) When a Royal Oak Pedestrian Case Needs an Attorney

Not every collision requires litigation, but legal help can be especially useful when injuries are significant, fault is disputed, there are multiple possible insurance policies, or an insurer delays/denies benefits.

If you want help identifying coverage, preserving evidence, or building a demand package, you can contact us.

10) What to Do Now (Practical Checklist)

FAQ

Do I still have a case if I was not in a crosswalk?

Possibly. Fault depends on the specific facts, including visibility, signals, speed, and whether the driver exercised reasonable care. Evidence (video, witnesses, scene photos) often matters as much as location.

Can I get Michigan no-fault (PIP) benefits as a pedestrian?

Often, yes, but it depends on the insurance priority rules and whether an applicable policy exists. If there is no applicable policy, the Michigan Assigned Claims Plan may apply in some situations.

Should I give the insurance company a recorded statement?

Be cautious. Recorded statements can be used to dispute fault or the extent of injury. Consider getting advice before providing a statement, especially if coverage or liability is unclear.

How can I get the police crash report?

You can typically request it through the Michigan State Police crash report system: https://www.michigan.gov/msp/services/traffic-crash-reporting.

Disclaimer: This Michigan-specific article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. No-fault and tort rules are fact-dependent and can change. For advice about your specific situation (including deadlines and insurance priority), consult a qualified Michigan attorney.

Ready to talk? Contact us to discuss next steps.