A motorist can drive while distracted in Detroit and cause an accident that leaves you with an injury. If this happens, hold this individual accountable. To do so, partner with a Detroit car accident lawyer so you can explore your legal options.
White Law PLLC is a full-service Michigan law firm with many years of experience with personal injury claims. Our distracted driving accident lawyer in Detroit is available to discuss your case.
Distracted Driving Definition
Contact our Detroit personal injury lawyers. A motorist engages in distracted driving when they are involved in any activity that takes their attention away from the road, according to the U.S. Centers for Disease Control and Prevention (CDC). At this point, the driver is not focused on safe travel and is increasingly likely to cause an accident. Examples of driving while distracted activities include:
- Sending a text message
- Talking on a cell phone
- Using a GPS
- Eating or drinking while driving
In a given year, driving while distracted resulted in more than 3,500 fatalities, research from the U.S. Department of Transportation (DOT) shows. You cannot stop another driver from getting distracted from behind the wheel. However, if a motorist drives while distracted, they are negligent, and they can be held responsible for their actions.
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Michigan Hands-Free Law
On June 30, 2023, a hands-free law went into effect in Michigan. This regulation makes it illegal for a motorist to hold or manually use a mobile electronic device. If a driver breaks this law, a police officer can stop and ticket them.
The initial penalty for violating Michigan’s hands-free law is a $100 fine and/or 16 hours of community service. This increases to a $250 fine and/or 24 hours of community service for a second offense. If a driver breaks the law three times within a three-year period, they are required to take a driving improvement course.
If a driver violates the hands-free law, they can cause an accident. Following a driving while distracted crash for which you are in no way responsible, get legal help. Consult with a distracted driving accident attorney in Detroit, MI to find out how to file a claim against the at-fault driver.
We’re not just lawyers. We’re passionate advocates who will ensure that your voice is heard and your rights are protected.
Auto Insurance Requirements in Michigan
If you drive a car in Michigan, you are required to buy auto insurance. You are also required to purchase no-fault car insurance. There are three no-fault insurance components every driver must carry:
- Personal Injury Protection (PIP): Covers necessary and reasonable medical expenses for your lifetime and wage loss and replacement for up to three years after your collision.
- Property Protection (PPI): Provides up to $1 million in coverage for damage your vehicle does to other people’s property.
- Residual Bodily Injury and Property Damage Liability (BI/PD): Offers coverage for up to your policy’s limits, defense costs, and damages you cause.
If you are involved in a distracted driving crash, you may have to submit a claim against the at-fault driver. Your no-fault coverage may provide sufficient protection. With our Detroit personal injury lawyer we can help you file a personal injury lawsuit to get a fair amount of compensation from the motorist who caused your accident.
We know how to get our clients the results they need in the toughest legal arenas.
When to Sue a Distracted Driver
Per Michigan Compiled Laws §600.5805, there is a three-year statute of limitations for personal injury cases. If you get hurt in a distracted driving accident, do not wait to file your claim. Otherwise, you may lose the opportunity to get compensation from the at-fault driver.
A Detroit distracted driving accident lawyer can help you submit a claim for damages. You can ask for economic and non-economic compensation to cover your medical bills, lost wages, and other quantifiable and subjective losses. You may also be eligible for punitive damages, which a judge or jury awards to deter an at-fault party from future acts of negligence.
If you are unsure about whether to file a claim, meet with a Detroit distracted driving accident attorney from White Law PLLC. We can take a look at your case and help you determine the best course of action. To learn more, get in touch with us.
You will always work directly with your attorney throughout your case.
How Much a Distracted Driving Accident Case Is Worth
The amount of compensation you can receive from a distracted driver depends on your case. A distracted driving accident lawyer in Detroit can help you calculate your damages. They will consider your short- and long-term losses and make sure you submit a request for a reasonable amount of compensation.
To secure compensation, you are responsible for the burden of proof. You must show that an at-fault driver had a duty of care toward you and violated this legal obligation. Also, you must verify that this motorist’s actions led to your accident and injury and you incurred damages as a result.
If you are dealing with a catastrophic injury or other severe health issues, you may be able to provide medical records to support your claim. Along with these, you can use photos and videos of your accident scene, pay stubs, witness statements, and other pieces of evidence to build your argument. A distracted driving accident attorney in Detroit can help you gather and review evidence and prepare an argument that resonates with a judge or jury.
Comparative Fault in Michigan
Even if a driver is operating a vehicle while distracted and causes an accident, you may be found partly responsible. Michigan has a comparative fault statute in place. Depending on your percentage of fault, you may not be able to get any damages in your personal injury lawsuit.
For instance, a judge or jury may find you are primarily responsible for your auto accident. They may do so in spite of the fact that the other motorist was driving while distracted. In this instance, you cannot receive any compensation.
On the other hand, a judge or jury may deem a distracted driver to be 80% at fault for your car crash. This means you are 20% at fault. As such, the distracted motorist will only have to pay 80% of what you originally requested.
File a Distracted Driving Accident Claim
White Law PLLC fights for our clients in distracted driving accident cases and other personal injury claims. We are here to help you with your case. To request a free consultation, contact us today.
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