Pedestrian Fault in Michigan Injury Claims: What Evidence Matters?

An allegation that a pedestrian crossed improperly is not a final fault determination. The crossing controls, timing, visibility, and conduct of both the pedestrian and driver need to be examined together.

Reconstruct the complete crossing

Identify the precise location, direction of travel, signal phase, vehicle movement, and sight lines. Crossing outside a marked crosswalk is a fact to investigate, not a substitute for identifying the applicable rule and causal conduct.

A distraction or mistake matters to a fault allocation when connected to the collision. Avoid assuming that phone use, dark clothing, or alcohol automatically establishes a particular percentage. Preserve the evidence needed to test the allegation.

Evidence to gather

• Original footage and witnesses who saw the approach, not only the aftermath.
• Photographs of signals, signs, markings, obstructions, and lighting.
• Police records and accurate accounts of each person’s movement.
• Timing and location details that distinguish what was observed from what was inferred.

Apply the rule to the right damages

For Michigan motor-vehicle noneconomic damages, the bar applies when the injured person is more than 50% at fault; exactly 50% does not itself trigger that bar. Other recovery requirements still apply. The motor-vehicle civil jury instructions address that distinction.

Do not apply that rule as an automatic loss of every PIP benefit. Eligibility and coverage require a separate review. An insurer’s proposed percentage can also be disputed with evidence.

Continue with the crossing and coverage details

See the Ann Arbor pedestrian guide for scene records and out-of-state eligibility questions if residence is an issue. Our pedestrian accident practice can review the fault allegation alongside the benefit and damages questions.

Talk with Logeman & Iafrate

Request a free consultation or call (734) 994-0200 to discuss your situation with our Ann Arbor office. Bring the relevant records and any insurer correspondence. Advice about your claim depends on the facts, coverage, and applicable deadlines.

General information only; this article is not legal advice for an individual case.

Does crossing outside a marked crosswalk automatically end my claim?

No. The applicable rules, causal conduct, and complete evidence require review.

Does exactly 50% fault bar motor-vehicle noneconomic damages?

No. The bar is more than 50%, subject to the other legal requirements for recovery.