When a child is killed at a crosswalk near his own school, families are left with grief, confusion, and questions that no parent should ever have to ask. If your family is dealing with the death of someone hit by a car in Farmington Hills or Oakland County, Michigan law gives you real legal options — including a wrongful death claim that can cover medical expenses, funeral costs, and the loss of your child’s life. A Farmington Hills pedestrian accident lawyer can help you understand those options before the insurance company does.
According to WXYZ Channel 7, the mother of a North Farmington High School student who was killed at a crosswalk is remembering her son as a kind, natural leader — someone she calls her “sunshine boy.” The community’s grief is real and visible. So is the question that follows every story like this: what can a family actually do?
This post is written for families in Farmington Hills and the surrounding Oakland County area who are trying to understand their rights after a pedestrian fatality. If you’re looking for a place to start, our Michigan pedestrian accident attorney page lays out the basics.
What Happened Near North Farmington High School
A student was struck and killed at a crosswalk near North Farmington High School in Farmington Hills. The details of the crash are still developing, but the broad facts are already familiar to anyone who drives or walks in Oakland County: a young person in a marked crosswalk, a vehicle that failed to stop.
Crosswalk fatalities are not random. According to the National Highway Traffic Safety Administration (NHTSA), more than 7,500 pedestrians were killed in traffic crashes across the United States in a single recent year — the highest number in four decades. Michigan consistently ranks among the states with serious pedestrian safety problems, particularly on roads that mix high-speed traffic with school zones and residential crossings.
The stretch of road near North Farmington is exactly that kind of corridor — a place where students cross daily and drivers move fast.
What Michigan Law Says About Pedestrian Rights at Crosswalks
Michigan law is clear on this point. Drivers are required to yield to pedestrians in marked crosswalks. A failure to do so is a traffic violation — and in the context of a death, it can become the foundation of a civil wrongful death claim.
Here’s what the legal framework looks like after a fatal pedestrian crash in Michigan:
- No-fault PIP benefits — Under MCL 500.3107, pedestrians hit by a vehicle in Michigan are entitled to Personal Injury Protection benefits. These cover medical expenses, wage loss, and replacement services. The family of a person killed may be entitled to survivors’ loss benefits.
- The tort threshold — Under MCL 500.3135, a family can pursue a claim against the at-fault driver for non-economic damages — pain and suffering, loss of companionship — when the injury results in death. Death always meets this threshold.
- Wrongful death — Michigan’s Wrongful Death Act allows the personal representative of the estate to bring a civil claim on behalf of surviving family members. That can include the parents, siblings, and dependents of the person killed.
- The statute of limitations — Under MCL 600.5805(2), you have three years from the date of the crash to file a personal injury or wrongful death lawsuit. Three years sounds like a long time. It isn’t, especially when evidence disappears.
Who Can Be Held Responsible?
The obvious answer is the driver. But liability in a pedestrian fatality near a school can sometimes extend further:
- The driver — for failing to yield, speeding, distraction, or impairment
- The city or county — if the crosswalk was poorly marked, the signal timing was dangerous, or the road design created a known hazard
- A school district or contractor — if a drop-off or dismissal pattern placed students in a dangerous position without adequate safety measures
None of these secondary claims are guaranteed. What matters is preserving evidence early — traffic camera footage, witness statements, maintenance records — so that every possible avenue can be evaluated.
What Families Should Do Right Now
Grief doesn’t follow a legal calendar, but the evidence does. Here’s what matters in the days immediately after a fatal pedestrian crash:
- Don’t speak to the insurance company. The driver’s insurer may contact you quickly. They are not on your side. Anything you say can be used to reduce what the family recovers.
- Get the police report number. The Farmington Hills Police Department will file an accident report. That document is the foundation of any civil claim.
- Preserve everything. Text messages, photos from the scene, anything posted on social media — keep it. Your attorney may need it.
- Write down what you know. Witnesses forget. Write down everything the family observed as soon as possible.
- Contact an attorney before you sign anything. Insurance companies sometimes approach grieving families with quick settlement offers. Those offers are almost always far below what a family is legally entitled to.
For a more detailed breakdown of these steps, our post on what to do after a pedestrian accident in Michigan walks through the process from the beginning.
Crosswalk Crashes and Fault — It’s Not Always Simple
One of the most common things we hear from families is: “He was in the crosswalk. Doesn’t that mean the driver is automatically at fault?” The short answer is that it’s strong evidence — but Michigan comparative fault rules mean the driver’s insurance company may still try to argue the pedestrian contributed to the crash.
They might claim the pedestrian crossed at the wrong time, was wearing dark clothing, was distracted by a phone. These are standard insurance defenses, and they’re applied aggressively even in cases involving children.
Our post on who’s at fault when a pedestrian is hit in a crosswalk covers this in detail — including how Michigan courts handle comparative fault and what evidence matters most.
Wrongful Death Claims in Michigan: What Families Actually Recover
A wrongful death claim isn’t about replacing someone who can’t be replaced. It’s about holding the responsible party accountable and making sure the family isn’t financially devastated on top of everything else.
Under Michigan law, a wrongful death claim brought through the estate can include:
- Medical expenses incurred before death
- Funeral and burial expenses
- Lost financial support the deceased would have provided
- Loss of companionship, society, and guidance for surviving family members
- The conscious pain and suffering experienced before death, if any
For a teenager, the loss of future earnings and parental guidance can be significant components of a claim — even though no amount of money addresses what the family has actually lost.
How Long Do You Have to File?
Three years from the date of the crash, under MCL 600.5805(2). But waiting is costly. Witnesses move. Surveillance footage gets overwritten. Physical evidence at the scene changes. The sooner an attorney is involved, the better the investigation. For more on Michigan’s legal deadlines, read our post on how long you have to file a pedestrian accident lawsuit.
Why Families in Farmington Hills and Oakland County Choose Khamo Law
Khamo Law, PLLC represents families in Farmington Hills, Sterling Heights, Warren, Troy, and throughout Oakland and Macomb County. We work on pedestrian fatality cases including wrongful death claims, and we know the roads, the courts, and the insurance tactics used in this region.
Our team includes Arabic-speaking and Chaldean-speaking attorneys — including Samar S. Shadaia and founder Koro Khamo — for families who are more comfortable working through this process in Arabic or Chaldean.
We’ve written about cases that look like this one before. If you’re dealing with the death of a family member on a road in Macomb or Oakland County, our post on pedestrian fatalities and what families should know in Macomb County may also be helpful.
Frequently Asked Questions
My son was killed in a crosswalk near his school. Can we sue the driver?
Yes. If the driver failed to yield to your son in a marked crosswalk, that failure is the basis for a civil wrongful death claim under Michigan law. The family’s personal representative — typically a parent — files the claim on behalf of the estate. You can also pursue no-fault PIP benefits through the driver’s insurer for medical bills and survivors’ loss.
The driver’s insurance company called us. Should we talk to them?
No — not without an attorney present. The adjuster may sound sympathetic. They are trained to gather information that limits the company’s liability. You are not required to give a recorded statement. Politely decline and contact an attorney first.
What if the crosswalk itself was poorly designed or marked? Can the city be responsible?
Possibly. If the City of Farmington Hills or Oakland County was aware of a dangerous condition at the crosswalk — poor visibility, inadequate signage, a confusing signal cycle — and failed to fix it, there may be a claim against the municipality. These claims have shorter notice deadlines than standard lawsuits, which is another reason to involve an attorney quickly.
How much does it cost to hire a pedestrian accident lawyer?
Khamo Law handles pedestrian accident and wrongful death cases on a contingency fee basis. That means you pay nothing upfront and no legal fees unless we recover compensation for your family. The initial consultation is free.
What if the driver fled the scene?
A hit-and-run death is still covered under Michigan’s no-fault system in most cases, and there may be an uninsured motorist claim available. Law enforcement may also identify the driver through traffic cameras or witness accounts. Our post on pedestrian hit-and-run deaths in Detroit explains how these cases work.
We’re not sure we can afford to pursue this. Is there any help available?
The contingency fee arrangement means your family’s financial situation doesn’t prevent you from having legal representation. You won’t owe attorney fees unless there is a recovery. Call us and we’ll explain exactly how it works in plain terms.
If your family lost someone at a crosswalk in Farmington Hills or anywhere in Oakland County, please talk to us before you sign anything or speak with an insurance adjuster. Khamo Law, PLLC offers a free consultation — call 248-466-0606 or reach us through the contact form on our site. We serve Farmington Hills, Troy, Sterling Heights, Warren, and families throughout Southeast Michigan. Arabic and Chaldean speakers are welcome — نحن نتحدث العربية والكلدانية.