If You Accidentally Hit Someone With Your Car, Do You Go to Jail?

Collisions between motor vehicles and pedestrians are common on the roads. The National Highway Traffic Safety Administration (NHTSA) estimates that 7,522 pedestrians died in road accidents in the US in 2022, while 67,336 were injured. These numbers emphasize the serious dangers people on foot face in the streets.

Drivers involved in car accidents who have hit a pedestrian or injured one is liable to pay compensation to the injured victim. If you or your loved one was injured in an accident contact an attorney immediately. A personal injury lawyer can help gather evidence to establish the circumstances surrounding the car accident and guide you through the legal process.

Common Causes of Car-Pedestrian Accidents

Knowing what can lead to a car accident involving pedestrians can help drivers and pedestrians lower the risks of being in one. These collisions are caused by various circumstances, such as environmental factors, vehicle dynamics, and human error. Understanding the common causes can help determine how the accident occurred and who may be at fault.

Distracted Driving

One of the main reasons for accidents is distracted driving. Distractions such as texting, chatting on the cell phone, eating, or using in-car technology can make a driver more likely to hit a pedestrian. According to the NHTSA, 3,308 were killed due to distracted driving in 2022.

Violation of Traffic Laws

Traffic rules safeguard pedestrians and other road users. Infractions like running red lights, not stopping at stop signs, and disobeying pedestrian right-of-way rules can result in serious accidents. Drivers who disregard these laws are more likely to cause collisions.

Reckless Driving

Driving recklessly entails acting carelessly and dangerously behind the wheel without concern for other people’s safety. This includes tailgating, speeding, driving aggressively, and weaving through traffic. Irresponsible drivers are less likely to see pedestrians and respond to their presence.

Committing Traffic Offenses

Inappropriate lane changes, unlawful U-turns, and the failure to use turn signals are examples of traffic infractions that can startle pedestrians and other drivers and cause accidents. These infractions are frequently brought on by irritability, inattention, or misinterpreting traffic rules.

Driving Under the Influence (DUI)

A driver’s judgment, response time, and motor abilities are all greatly hampered when they drive under the influence of alcohol or drugs. DUI is a significant contributing factor to pedestrian accidents because inebriated drivers are less likely to see pedestrians and react quickly enough to prevent a collision.

Common Injuries Involving Cars and Pedestrians

Vulnerable pedestrians are more likely to suffer severe injuries in car-pedestrian accidents. Many variables, including the vehicle’s speed, the point of impact, and the pedestrian’s age and health, may affect the degree and kind of injuries received in these collisions.

Concussion

Concussion is a typical result of a person hitting their head on a pavement, windshield, or other hard surface. Confusion, lightheadedness, and memory loss are just a few of the symptoms that can accompany mild to severe concussions.

Traumatic Brain Injuries

TBIs can arise from more serious head traumas and cause permanent emotional, mental, and physical disabilities. Continued headaches, amnesia, and extended unconsciousness are possible symptoms.

Spinal Cord Injuries

Depending on the location and extent of the damage, paralysis resulting from spinal cord damage can be either partial or total. Spinal cord injuries can result in permanent disability and require lengthy and expensive rehabilitation.

Internal Injuries

Internal injuries, including harm to the liver, spleen, kidneys, and other organs, can result from a vehicle collision. Internal bleeding often needs emergency medical treatment and can be fatal.

Fractures and Broken Bones

When a car hits a pedestrian, it may result in fractures to the arms, legs, ribs, and pelvis. These injuries happen when the collision’s force fractures or shatters bones.

Determining Liability in a Pedestrian Accident

In Michigan, the circumstances surrounding the collision and the behavior of the pedestrian and the driver determine who is at fault in a pedestrian accident. Because Michigan has a comparative negligence system, all parties may share some blame. Here are situations where the motorist may be at fault and those in which they may not.

The Driver is at Fault:

The Driver is Not at Fault:

Civil Lawsuit Versus Criminal Charges

Following a pedestrian accident, civil lawsuits and criminal charges are the two main legal channels for pursuing justice and damages. Each has a unique function and is subject to several legal processes.

A civil lawsuit’s main objective is to get monetary reparations for the victim’s losses, damages, and injury. This can involve paying for related expenditures such as pain and suffering, missed wages, and medical bills.

On the other hand, filing a criminal charge seeks to penalize the offender for breaking the law and discourage future instances of the same behavior. The state, not the victim, brings these charges.

Can You File Criminal Charges Against the At-Fault Driver?

You must report the incident to a police officer, who will look into it. If charges are merited, they will file them with the prosecutor’s office. The state decides whether to file criminal charges based on the information gathered.

What if There Is a Wrongful Death?

The family of a pedestrian accident victim may file a wrongful death lawsuit if the victim dies. This kind of civil case aims to make up for the family’s loss.

Depending on the facts of the incident, the driver may face criminal charges such as vehicular manslaughter or involuntary manslaughter.

In Michigan, involuntary manslaughter is the act of causing another person’s death by carelessness or recklessness without intending to kill. This could involve operating a vehicle carelessly or engaging in other risky activities that result in a traffic accident.

Careless driving that results in pedestrian deaths is referred to as vehicular manslaughter or negligent homicide. This usually involves circumstances where the motorist was operating a vehicle carelessly while impaired by drugs or alcohol or breaking the law.

What to Do After a Car Accident Involving an Injured Pedestrian?

Getting involved in a pedestrian car accident can be a traumatizing experience for all parties involved. Here are some things that a person involved in an accident should do if they are unharmed and able.

Do not forget to contact a Lansing personal injury lawyer from a reputable law firm. An attorney provides the guidance you need, especially if you are a seriously injured pedestrian.

Learn More About Filing a Personal Injury Lawsuit Today.

If you or your loved ones were injured in an accident involving a negligent driver in Michigan, call The Clark Law Office right away. Our seasoned car accident lawyers will be here to guide you every step of the way, helping you understand the legal consequences and your rights to compensation.

We may be able to help deal with the driver’s insurance company, negotiate, and provide court representation as needed. Contact us today for a free consultation.