Distracted driving is a growing epidemic on the roads of Michigan and across the United States. With more drivers glued to their phones, adjusting their GPS systems, or getting caught up in conversations, the risk of accidents has increased dramatically.
In Michigan, distracted driving has led to thousands of accidents, some resulting in serious injuries and fatalities. If you or a loved one has been involved in a crash caused by a distracted driver, you might feel overwhelmed by the medical bills, vehicle damage, and emotional distress that follow.
This comprehensive guide will walk you through the steps you need to take after a distracted driving accident, explain the role of a Michigan distracted driving accident attorney, and answer common questions about your legal rights.
How Our Michigan Distracted Driving Accident Attorneys Handle Your Claims
The CEO Lawyer Personal Injury Law Firm specializes in handling distracted driving cases and is devoted to securing the best possible outcome for accident victims. If you’ve been seriously injured due to another driver’s negligence, we can help you navigate Michigan’s no-fault insurance system and pursue a claim against the at-fault driver.
Proving that a distracted driver is responsible for your injuries is crucial. While your no-fault insurance may cover medical expenses and wage loss for up to three years, this may not be enough if you’ve sustained a permanent disability.
Our team works diligently to build a strong case, ensuring you receive full compensation for pain, suffering, lost wages, and other non-economic damages.
We conduct a thorough investigation, gathering evidence such as phone records, witness statements, and traffic footage to demonstrate the driver’s negligence. Our attorneys understand the complexities of Michigan’s distracted driving laws and will advocate for you both in and out of court.
Distracted driving accidents can be life-changing, but you don’t have to face the legal challenges alone. Let us fight for your rights and secure the settlement you deserve to move forward with your recovery. Contact our law firm today for a free consultation.
The Role of a Michigan Distracted Driving Law Firm
Our legal professional specializes in various cases where distracted driving has caused injuries, property damage, or fatalities. Their role is to help victims secure compensation for their losses due to another driver’s negligence.
Key Responsibilities of Our Distracted Driving Law Firm
- Investigating the Accident: After an accident, our attorney will gather evidence to determine whether distracted driving played a role. This includes reviewing police reports, witness statements, and any available video footage or phone records showing the other driver was distracted during the crash.
- Proving Negligence: Proving that a driver was distracted is critical to winning your case. Our attorney will work to show that the driver’s distraction (texting, eating, etc.) directly caused the accident and resulted in your injuries or property damage.
- Negotiating with Insurance Companies: Insurance companies often try to minimize the compensation they pay out after accidents. Our attorney will handle all negotiations, ensuring you receive the maximum compensation for medical bills, lost wages, and pain and suffering.
- Filing a Lawsuit: If the insurance company refuses to offer a fair settlement, our attorney may advise filing a lawsuit against the distracted driver. They will represent you in court and present a strong case for why you deserve compensation.
- Securing Compensation: Our attorney’s goal is to help you recover compensation for all the damages caused by the accident. This can include current and future medical expenses, lost wages, rehabilitation costs, property damage, and compensation for emotional distress.
Overview of Distracted Driving
Anything that diverts a driver’s focus from operating a vehicle is considered distracted driving. These diversions may be cognitive, manual, or visual:
- Visual distractions occur when a driver takes their eyes off the road. This might include checking a text message, looking at a GPS device, or even glancing at passengers.
- Manual distractions involve taking one or both hands off the wheel, such as when a driver eats, drinks, adjusts the radio, or handles a phone.
- Cognitive distractions happen when a driver’s mind is not focused on driving. Daydreaming, talking to passengers, or being preoccupied with personal issues can all impair a driver’s ability to react quickly to road conditions.
Types of Distracted Driving
In Michigan, distracted driving is an issue across all age groups and demographics. The following are some of the most common types of distractions that cause accidents:
- Texting and Using Phones: Despite being illegal in Michigan, texting while driving remains one of the leading causes of distracted driving accidents. Even hands-free phone use can be dangerous, removing cognitive focus from driving.
- Eating and Drinking: Drivers often try to save time by eating or drinking while behind the wheel, but this manual distraction is risky and can easily lead to accidents.
- Adjusting GPS or Music: Fiddling with a GPS or adjusting the radio takes visual and manual attention away from the road. Glancing at the screen can lead to missing a stoplight or another vehicle entering your path.
- Talking to Passengers: Engaging in intense conversations, especially with backseat passengers or children, can distract drivers from paying attention to traffic and road signs.
- Personal Grooming: Many drivers attempt to multitask by applying makeup, shaving, or fixing their hair while driving. This dangerous habit increases the likelihood of an accident.
- Daydreaming: It’s easy for the mind to wander, especially on long or familiar drives. However, cognitive distractions like daydreaming prevent drivers from noticing changes in traffic or hazards on the road.
How Michigan’s Distracted Driving Laws Protect You
Michigan has specific laws to reduce distracted driving, with penalties for those caught engaging in dangerous distractions. Understanding these laws can help determine whether a distracted driver violated state regulations when your accident occurred.
Michigan Texting While Driving Ban
Michigan law prohibits texting while driving for all drivers. This includes reading, typing, or sending text messages, emails, or any communication using a mobile device while operating a vehicle.
Violating this law results in fines and could be used to prove negligence in a distracted driving case.
- First offense: $100 fine
- Second or subsequent offense: $200 fine
It’s important to note that the law doesn’t currently ban handheld devices for talking on the phone, but there have been discussions about implementing stricter hands-free laws. For now, novice drivers with Level 1 or Level 2 graduated licenses are prohibited from using any handheld device.
Penalties for Distracted Driving
If a driver causes an accident due to distracted driving, they can face more severe penalties, especially if the accident results in injuries or death. In addition to fines, drivers can be held financially responsible for damages, medical expenses, and other costs associated with the accident.
A Michigan distracted driving accident law firm can help you navigate these laws and determine how the driver’s behavior violated legal standards, strengthening your case.
Types of Settlement Available in Distracted Driving Cases
Suppose you’ve been injured in a distracted driving accident. In that case, you may be entitled to several types of compensation, depending on the extent of your injuries and the damage caused by the accident.
Medical Expenditures
Medical bills can add up quickly after an accident, especially if your injuries require surgery, physical therapy, or ongoing treatment. Compensation for medical expenses may cover:
- Hospital visits
- Surgeries and procedures
- Physical therapy
- Rehabilitation services
- Prescription medications
- Future medical care related to the accident
Lost Wages and Earning Power
If your injuries prevent you from working, you may be entitled to compensation for lost wages. This includes both the income you’ve already lost due to missed work and any future earning potential you’ve lost as a result of your injuries.
For example, if the accident causes long-term disabilities that prevent you from returning to your previous job, you can seek compensation for future lost wages.
Pain and Suffering
In addition to the physical injuries caused by the accident, victims may experience emotional distress, anxiety, depression, and other forms of suffering. Compensation for pain and suffering is intended to account for the emotional toll the accident has taken on your life.
Property Damage
Accidents often result in significant damage to vehicles and other personal property. If your car was damaged in the crash, you can seek compensation for repair or replacement costs.
Wrongful Death
If a distracted driving accident results in the death of a loved one, the surviving family members may file a wrongful death claim. Compensation in these cases may include funeral expenses, loss of financial support, and compensation for emotional suffering caused by the loss of a family member.
5 Measures to Take After a Distracted Driving Accident
If you’ve been involved in an accident caused by a distracted driver, it’s important to act quickly to protect your legal rights.
Here’s what you should do immediately following the accident:
- Seek Medical Attention: It is important that you see a doctor as quickly as possible, even if you don’t feel like you are gravely hurt. Certain injuries, such as internal bleeding or concussions, can not show symptoms straight away. Additionally, a medical evaluation will document your injuries, which is important information for your case.
- Call the Police: Report the accident to the police, even if it seems minor. The police will create an official accident report detailing the crash, the drivers involved, and any potential causes, such as distracted driving. This report will be valuable evidence in your case.
- Gather Evidence: If possible, gather evidence at the accident scene. This includes photos of the vehicles, the surrounding area, and visible injuries. Collect the contact information of witnesses who saw the accident and can testify that the other driver was distracted.
- Exchange Information: While exchanging contact and insurance details, do not discuss the specifics of the collision or assign blame to the other driver. Anything you say could come back to haunt you.
- Contact a Michigan Distracted Driving Accident Attorney: The sooner you contact an attorney, the better your chances of securing compensation for your injuries. Our attorney will begin investigating the accident, gathering evidence, and negotiating with insurance companies on your behalf.
Demonstrating Evidence in Distracted Driving Claims
Proving that a driver was distracted during an accident can be challenging, but it’s crucial to building a successful case. A Michigan distracted driving accident attorney will use various methods to gather evidence and prove that the driver’s distraction caused the crash.
Key Evidence in Distracted Driving Cases:
- Phone Records
- Witness Statements:
- Traffic Camera Footage
- Police Reports
- Accident Reconstruction Experts
- Driver’s Statements
By compiling this evidence, our attorney can build a strong case to prove that the other driver’s distraction directly caused the accident and your resulting injuries.
Comparative Fault in Michigan: What Happens if You’re Partially at Fault?
Michigan follows a legal doctrine known as comparative fault or negligence in personal injury cases, including distracted driving accidents. This means that even if you were partially at fault for the accident, you may still be able to recover compensation for your injuries.
However, the amount of compensation you receive will be reduced by the percentage of fault assigned to you.
How Comparative Fault Works
Let’s take a scenario where you were in an accident brought on by a texting and distracted driver. It was found, nevertheless, that you were speeding at the time of the collision.
According to the court, you were 20% at blame for speeding, and the other motorist was 80% at fault for being distracted. Your amount would be lowered by 20%, or $80,000 if your total damages were $100,000.
If it’s found that you were more than 50% at fault for the accident, you might not be eligible for a reimbursement. This is why it’s critical to have an experienced Michigan distracted driving accident attorney who can present a compelling argument and minimize potential guilt.
Schedule a Quick Call With Our Michigan Distracted Driving Accident Lawyers!
Distracted driving is a serious problem on Michigan’s roads, and the consequences can be life-altering for those involved. If you or a loved one has been injured in an accident caused by a distracted driver, it’s crucial to take action quickly.
Our Michigan distracted driving accident attorney can help you navigate the legal process, gather evidence, and secure the compensation you deserve.
By working with an experienced attorney, you can focus on your recovery while they handle the complexities of your case. Whether you’re dealing with medical bills, lost wages, or emotional trauma, you have the right to seek justice and hold negligent drivers accountable.
Don’t wait—take action now! Contact us at (616) 612-2707 for a free, no-obligation consultation. We’re ready to fight for your rights, and you won’t pay any fees unless we win your case.
