Michigan Boy Dies After Being Struck by Delivery Driver

Michigan Boy Dies After Being Struck by Delivery Driver

Posted on:
March 05, 2019
Auto Accident
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A 5-year-old Michigan boy died after being struck by a Jimmy John’s delivery driver while riding his bicycle in the Wayland area. The child, Blake Huffman, died after being struck by the 33-year-old delivery driver. The circumstances surrounding the crash are being investigated and the franchise is fully cooperating with the police.

Pedestrian Deaths on the Rise

More than 6,000 people lost their lives in the U.S. while walking in 2016, according to the National Highway Traffic Safety Administration. A pedestrian is considered anyone who is on foot, walking, jogging, hiking, sitting, or even lying down. In 2013, 5% of all pedestrian fatalities were children. Over 30 children died in Michigan alone.

Typically, children and people who are disabled are at the most risk of becoming victims of pedestrian and motor vehicle crashes. If a pedestrian survives the accident, he or she may suffer injuries that require hospitalization, surgery, and even long-term disability.

Possible Pedestrian Injuries

In accidents in which a pedestrian is struck by a vehicle, the pedestrian is often not just struck by the car but is often thrown into another object or the ground, resulting in additional injuries. The most common pedestrian injuries when struck by a car include, but are not limited to, the following:

  • Lacerations and bruises
  • Broken bones
  • Brain injuries including concussions, blood clots, swelling, and bleeds
  • Spinal cord injuries
  • Injuries to internal organs

Common Causes of Pedestrian Accidents

Not all, but most pedestrian accidents are the result of a negligent driver. There can also be more than one factor that leads to the accident. Some of the most common factors that lead to collisions with a pedestrian include the following:

  • Failing to stop at intersections
  • Speeding
  • Driving under the influence of alcohol or drugs
  • Distracted driving
  • Turning and running through an intersection or crosswalk without looking
  • Running a red light
  • Poor visibility due to parked cars, weather conditions, and other obstacles

Who is at Fault?

The person who failed to act with a reasonable standard of care will likely be considered to be at fault. The police investigation and report of the accident will likely determine who is at fault, although this is often disputed by insurance companies.

Some states have contributory negligence laws, but Michigan is covered under no-fault laws. This means that determining who is at fault is less of a concern because everything is covered under personal injury protection, or PIP and the injured pedestrian will not have to prove fault to collect these damages.

PIP damages will cover medical expenses, up to three years of lost wages, and other expenses. Depending on the severity of the injuries, an injured pedestrian may also be able to file a personal injury claim against the negligent driver. This could result in compensation for pain and suffering, disfigurement, and disability.

Contact an Experienced Personal Injury Attorney

The attorneys at Nickola Law have years of experience helping people receive compensation when they have been injured due to the negligence of another party. Contact them today to schedule a consultation and let them handle your case so you can focus on recovering from your injuries.


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