Losing someone to a hit-and-run is different from other losses. The driver made a choice — to run. That choice doesn’t erase your family’s rights. It may actually strengthen them.
A pedestrian was recently killed in a hit-and-run crash in Detroit, as reported by Michigan Legal Center. Detroit sees more pedestrian fatalities than almost any other city in Michigan, and too many of them involve a driver who doesn’t stay at the scene. If your family is going through this right now, this post is for you.
What Happens Legally When a Driver Flees the Scene
A hit-and-run death isn’t just a civil matter. Leaving the scene of an accident that causes injury or death is a felony under Michigan law. That criminal case runs separately from any civil claim your family may have — and both can move forward at the same time.
The criminal investigation belongs to the Detroit Police Department. Your civil claim belongs to your family. Don’t wait for the police to find the driver before you consult an attorney. Those two tracks are independent.
What If the Driver Is Never Identified?
This is the question families ask most. The honest answer: you still have options.
Michigan’s uninsured motorist (UM) coverage and the Michigan Assigned Claims Plan exist specifically for situations like this. If the at-fault driver can’t be identified, your family may still be able to recover benefits through your own policy or through the state plan — depending on what coverage was in place at the time of the crash.
An attorney can review the insurance picture quickly. Don’t assume there’s nothing to pursue just because the driver ran.
What If the Driver Is Found?
If police identify the driver, your family’s options expand significantly. A civil wrongful death lawsuit can be filed against that driver. Their insurance company becomes a party to the claim. And in cases where someone fled the scene of a fatal crash, juries tend to take that seriously.
Michigan Wrongful Death Law — The Basics
Under Michigan law, when someone is killed due to another person’s negligence, certain family members can bring a wrongful death claim. The claim is filed by the personal representative of the deceased person’s estate — often a spouse, parent, or adult child.
Damages in a wrongful death case can include:
- Medical expenses from the time of injury until death
- Funeral and burial costs
- Lost income and financial support the deceased would have provided
- Loss of companionship, guidance, and society
- The deceased person’s pain and suffering before death
Michigan’s wrongful death statute is MCL 600.2922. The statute of limitations for filing — meaning the deadline — is generally three years from the date of death under MCL 600.5805(2). That clock starts moving immediately, so understanding how long you have to file matters from day one.
No-Fault Benefits Still Apply in Pedestrian Cases
Michigan’s no-fault law isn’t just for people inside cars. Pedestrians hit by a vehicle are entitled to Personal Injury Protection (PIP) benefits under MCL 500.3107 — and those benefits can cover medical expenses and a portion of lost wages.
In a fatal case, PIP benefits may cover the medical treatment your family member received before passing, as well as funeral expenses up to the policy limit.
The PIP claim goes to the insurance company of the vehicle that struck your family member. If that driver is unknown or uninsured, the claim routes through the Michigan Assigned Claims Plan. This process has deadlines too — another reason not to wait.
What to Do Right Now
If you’ve just lost someone to a hit-and-run in Detroit, here’s what matters in the immediate days ahead:
- Get the police report number. The Detroit Police Department will be generating a report. You’ll need that document.
- Preserve everything. Photos, witness contact information, security camera footage from nearby businesses — all of it disappears quickly. If you know where the crash happened, act fast.
- Don’t give recorded statements to any insurance company yet. Your own insurer will likely contact you. That call can wait until you’ve spoken with an attorney.
- Get the death certificate and start gathering financial records. These documents matter for the wrongful death claim.
- Call an attorney before you sign anything. Insurance companies move quickly. They are not on your side.
For a broader picture of what the legal process looks like from this point forward, the Detroit auto injury claim process can help you understand what to expect.
Why Hit-and-Run Cases Require Specific Legal Experience
Not every personal injury attorney has handled hit-and-run fatalities. These cases involve a different set of investigative steps — working with law enforcement, identifying insurance coverage when the driver is unknown, navigating the Michigan Assigned Claims Plan, and potentially building a case before the driver is even caught.
According to NHTSA data, pedestrian fatalities in urban areas are disproportionately high, and hit-and-run crashes account for a significant portion of those deaths. Detroit’s pedestrian safety record is one of the worst in the state — something the city has acknowledged publicly.
The legal issues in these cases overlap with questions about who bears fault when a pedestrian is struck and how Michigan’s no-fault system distributes responsibility. A firm that handles these cases regularly knows where to look and what questions to ask.
If the crash happened on one of Detroit’s high-risk corridors — Michigan Avenue, Eight Mile, Gratiot, Woodward — there may also be questions about road design, signage, or lighting that a thorough investigation would surface. Those facts can matter.
For families dealing with serious long-term harm or a death, a Detroit catastrophic injury attorney can help assess the full scope of what the family is owed.
Frequently Asked Questions
Can we file a lawsuit if the driver who killed our family member hasn’t been caught yet?
Yes. You can open a claim through your own uninsured motorist coverage or through the Michigan Assigned Claims Plan even before the driver is identified. An attorney can file a “John Doe” lawsuit in some circumstances to preserve your rights while the investigation continues. You don’t have to wait for an arrest.
How long do we have to file a wrongful death lawsuit in Michigan?
Generally three years from the date of death under MCL 600.5805(2). That deadline can feel far away when you’re grieving, but insurance notices and claim filing deadlines come much sooner — sometimes within 30 days. Talk to an attorney as soon as you’re able.
Does it matter that our family member wasn’t in a car — they were on foot?
No. Michigan’s no-fault law covers pedestrians struck by motor vehicles. Your family member didn’t need to own a car or have their own policy to be entitled to PIP benefits. The coverage follows the vehicle that caused the crash.
What if the driver had no insurance?
The Michigan Assigned Claims Plan assigns an insurer to handle your claim when the at-fault driver is uninsured or unknown. You can also pursue a civil judgment against the driver personally, which can sometimes be collected through wage garnishment or asset seizure — though that depends on the driver’s financial situation.
Will a criminal conviction help our civil case?
It can. If the driver is convicted of leaving the scene of a fatal accident or another felony, that conviction is admissible in civil proceedings and tends to carry significant weight. But your civil case doesn’t depend on a criminal outcome — the burden of proof is lower in civil court.
How much does it cost to hire a wrongful death attorney?
Khamo Law, PLLC handles wrongful death and pedestrian accident cases on a contingency basis. That means you pay nothing unless we recover for your family. There’s no upfront cost for a consultation.
If you lost someone in a Detroit hit-and-run, talk to us before you sign anything or speak to an insurance adjuster. Khamo Law, PLLC offers a free consultation — call 248-466-0606 or reach us through the contact form on our website. We serve Detroit and the surrounding metro area, and our team includes Arabic-speaking and Chaldean-speaking attorneys who can work with your family directly in your language.