What to Know About Pedestrian Right-of-Way Laws in Michigan
Pedestrian crashes can cause devastating injuries, particularly when a person on foot is struck by a moving vehicle. Michigan law establishes responsibilities for both drivers and pedestrians at intersections, crosswalks, and other areas of the roadway. Understanding those rules can help clarify some of the legal questions that arise after a pedestrian crash.
What Michigan Law Requires of Drivers at Crosswalks
Under MCL 257.612, vehicles turning left or right at a signalized intersection must yield the right of way to pedestrians and bicyclists lawfully within an adjacent crosswalk at the time the signal is exhibited. This applies regardless of whether the driver has a green light because the duty to yield to pedestrians lawfully within the crosswalk remains.
Under MCL 257.612(4), a vehicle operator who approaches a person using a wheelchair or a device to aid walking at a crosswalk or any other pedestrian crossing must take necessary precautions to avoid accident or injury. A violation of this subsection is a misdemeanor.
Different rules may apply at crossings without traffic signals. Michigan’s Uniform Traffic Code includes right-of-way requirements for pedestrians at unsignalized crosswalks, but those provisions generally depend on adoption by the local municipality. Drivers should also remain alert and take appropriate precautions to avoid collisions with pedestrians.
What Michigan Law Requires of Pedestrians
Michigan law also places obligations on pedestrians. Under MCL 257.613, pedestrians facing a steady yellow signal are advised that there is insufficient time to cross and must yield the right of way to all vehicles if they have not yet started crossing. Pedestrians facing a steady red signal shall not enter the highway unless they can do so safely and without interfering with vehicular traffic.
Under MCL 257.655, where sidewalks are provided, a pedestrian shall not walk upon the main traveled portion of the highway. Where sidewalks are not provided, pedestrians shall, when practicable, walk on the left side of the highway facing oncoming traffic. A violation of this section is a civil infraction.
How Fault Is Evaluated After a Pedestrian Crash
When a driver strikes a pedestrian, the legal analysis depends on the specific facts of the crash, including where the pedestrian was walking, whether the crossing was marked or unmarked, what the traffic signal indicated, and the conduct of both the driver and the pedestrian at the time of the collision.
Michigan’s comparative fault rules under MCL 600.2959 allow fault to be allocated among multiple parties based on their respective contributions to a crash. In a pedestrian crash, the pedestrian’s own conduct, including whether they crossed legally, whether they were walking in a permitted area, and whether they entered the roadway when it was safe to do so, may be relevant to the fault analysis. The percentage of fault assigned to an injured pedestrian can affect the damages available in a civil claim.
What This Means After a Crash
Michigan’s no-fault system may provide eligible injured pedestrians with PIP benefits for allowable medical expenses and wage loss under MCL 500.3107, subject to applicable eligibility, coverage, and priority rules. Whether additional claims for noneconomic damages may be available depends on the severity of the injuries and the specific circumstances of the crash under MCL 500.3135.
If you or a family member were injured in a pedestrian crash in Macomb, Wayne, or Oakland County, our team may be able to help. To speak with a Michigan personal injury attorney, contact us today.
Sources:
Note: Our law office relies on external sources for the content of this post. Although we aim for accuracy, we have not independently verified all facts related to this incident. Please notify Mihelich & Kavanaugh, PLC for corrections if you identify any inaccuracies. Posts will be removed upon request.
Disclaimer: The content of this post is intended for informational purposes only and does not constitute a solicitation for business. The information contained herein is not intended to offer legal or medical advice. If you or someone you care about has been injured in an accident, it is recommended to seek immediate medical assistance. The photo featured in this post was not taken at the actual scene of the accident.
