Being in a car crash is often a stressful time, even if you do not sustain severe injuries. The impact of the accident and all of the damages you now have to cover is an overwhelming situation and often too much to bear on your own. Through the emotional chaos and uncertainty you’re feeling, it is important to know that you have rights, and seeking guidance from a Kalamazoo car accident lawyer can be a crucial step towards protecting your interests and securing any compensation that is possible.
At White Law PLLC, we recognize the profound impact that a car accident can have on every aspect of your life. Between trying to figure out how you will pay for the damages, the emotional side effects like PTSD now at play, and any injuries are just all too much to handle on your own. A Kalamazoo personal injury lawyer is beneficial to have on your side so you can focus on healing yourself and getting your life back in order while we do the legal work for you.
How to Prove Liability After Your Accident
To establish liability, it is necessary to demonstrate that the other party failed to fulfill their duty of care. This failure must be the direct cause of your injuries and damages, and you will need to show every angle of proof that this was the case. The duty of care is the legal responsibility requiring all drivers to operate their vehicles safely, adhere to traffic regulations, and take appropriate measures to avoid accidents.
Examples of breaching the duty of care include being negligent when driving, such as speeding or not paying attention to your surroundings. To establish that the other party’s actions constituted a breach, you must show that their conduct fell short of what a reasonable person would do under similar circumstances. This can be the tricky part, but a car accident attorney in Kalamazoo can guide you on the best steps to show proof.
You must also demonstrate causation, which is the link between the other party’s negligent actions and the resulting accident. This means showing that the collision would not have occurred had it not been for the other driver’s negligence and that your injuries and damages are a direct result of the accident. By carefully documenting the circumstances surrounding the crash and gathering supporting evidence, you can build a strong case for liability and improve your chances of securing the compensation you deserve.
Your Fight Is Our Fight
We Handle All Types of Car Accidents
At White Law PLLC, we have extensive experience handling a wide range of car accident cases. No matter the type of crash you’ve been involved in, our team has the knowledge and resources to help you seek justice. We recognize the uniqueness of each accident and offer personalized attention to meet your specific needs.
Some of the most common types of car accidents we handle include rear-end collisions, side-impact crashes, and head-on collisions. We also have experience with cases involving pedestrians, bicyclists, and hit-and-run accidents. Whether your accident was caused by a distracted driver, a speeding motorist, or a defective vehicle, we have the experience to help you navigate the legal process.
Our Kalamazoo car accident attorneys stay up-to-date on the latest developments in Michigan car accident law, allowing us to create effective strategies and fight for the maximum compensation available in your case. We’re prepared to take on even the most complex cases and work tirelessly to protect your rights every step of the way. While we cannot make guarantees for your case, we can say that we try everything that we can.
We know how to get our clients the results they need in the toughest legal arenas.
Common Injuries Associated with Car Accidents
Car accidents can lead to many types of injuries, ranging from minor to severe and life-changing. The force of impact during a collision can cause the body to move in unnatural ways, resulting in various types of trauma. Some common car accident injuries include:
- Whiplash
- Broken bones
- Concussions
- Spinal cord damage
- Traumatic brain injuries
- Lacerations and contusions
- Soft tissue injuries
- Internal organ damage
- Psychological trauma
The consequences of these injuries can be far-reaching, impacting every facet of an individual’s life. From extensive medical treatment and rehabilitation to lost wages and diminished quality of life, the effects of car accident injuries can be emotionally, physically, and financially devastating. Seeking the guidance of an attorney can be essential in ensuring that you receive the compensation necessary to cover the costs associated with your injuries and begin the process of recovery.
We know how to get our clients the results they need in the toughest legal arenas.
What Evidence Should You Make Sure You Have
Gathering evidence is a critical step in building a strong car accident case. The more proof you have to back up your claim, the better your chances of recovering possible compensation. Some of the most important pieces of evidence to collect after a car accident include:
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Police Reports
The official police report is crucial evidence in any accident case. It contains important details about the accident’s circumstances, such as the location, time, weather conditions, and any citations issued. It should be your top priority to obtain a copy of the police report after the accident occurs.
You can typically request a copy of the police report from the station where the responding officers are based. It’s a good idea to get this report as soon as possible, as the details will be freshest in the minds of the officers who responded. The report can help substantiate your version of events and strengthen your overall case.
If, for some reason, the police did not respond to the accident scene, you should still file a report with the appropriate law enforcement agency. This official documentation can still be helpful, even if the report was filed after the fact. Any documents are better than not having any evidence at all.
Witness Statements
Witness testimony can be some of the most compelling evidence in an accident case. If there were any bystanders who saw the collision occur, try to get their contact information and a brief statement about what they observed. Your Kalamazoo car accident lawyer can assist you in formally obtaining and documenting these witness accounts.
Even if the witness was someone you don’t know personally, like a nearby business owner or resident, you should still seek their help. Their impartial perspective can bring more potential to your case. Witness statements can help with the facts of the case and counter any contradictory claims made by the other party.
The sooner you can get statements from witnesses, the better, as their memories will be fresher. However, witness accounts can still be valuable even if collected sometime after the accident. Try to sit down and think of anyone who could be a potential witness.
Photos and Videos
Photo and video evidence of the accident scene can be extremely useful in demonstrating the severity of the crash and the resulting damage or injuries. Whenever possible, take plenty of photos and videos from multiple angles. This helps to fully document the area, vehicles involved, and any visible injuries sustained.
Having this visual documentation makes it much harder for the other party to dispute or downplay the magnitude of the accident and the losses incurred. Photos and videos don’t lie, so they can effectively counter any attempts to minimize fault or damages. You can significantly increase your chances of winning your case by having this type of evidence.
Even if you are unable to capture this evidence at the actual scene, try to document any damage to your vehicle or visible injuries as soon as you can afterward. The more thoroughly you can visually document the aftermath, the stronger your case will be.
An idea is to use time stamp photos with the damage currently and show a picture of your vehicle without the damage next to it if you have one.
Other important evidence may include medical records, bills related to the accident, and documentation of lost wages. You can get a copy of this from your employer and doctor’s office. A Kalamazoo car accident lawyer can help you identify and gather other evidence needed to build a compelling case on your behalf.
You will always work directly with your attorney throughout your case.
Michigan Car Accident Liability
Michigan follows a no-fault car insurance system. This means that in most cases, each driver’s own insurance company covers lost wages and medical expenses, and it doesn’t matter who was responsible for the accident. However, there are some exceptions to this rule.
If your injuries meet certain guidelines, you could potentially step outside the no-fault system and pursue legal action against the at-fault driver. These thresholds include death, permanent serious disfigurement, or serious impairment of a body function. In such instances, pursuing compensation for pain and suffering and other economic losses may be possible.
According to the Michigan Department of Insurance, Michigan also has a unique rule called the mini-tort law. This allows drivers to recover up to $1,000 from the at-fault driver’s insurance company for vehicle damage. When you have legal representation on your side, they can assist you in understanding how these laws apply to your specific case and navigate you through the steps of seeking compensation.
How to Report a Car Accident in Kalamazoo
In the event of a car accident in Kalamazoo, it is imperative to report the incident to the appropriate authorities. If there are any injuries or significant property damage, call 911 immediately to request emergency services. Even if the accident seems minor, it’s still a good idea to file a police report to document the incident.
When the police arrive, provide them with a clear, concise account of what happened. Be sure to include any relevant details, such as the location of the accident, the parties involved, and any visible injuries or damage. If possible, obtain a copy of the police report for your records.
You should also report your accident to your insurance company as soon as possible. Provide them with the basic facts of the incident, but be cautious about making any statements that could be used against you later. If you have any questions or concerns about the reporting process, don’t hesitate to consult with a knowledgeable car accident lawyer.
Common Causes of Car Accidents
Car accidents can occur due to a range of factors. Some are more prevalent than others. The following are some of the most frequent contributors to car accidents:
- Distracted driving (e.g., texting, eating, or adjusting the radio)
- Speeding or driving too fast for conditions
- Impaired driving (under the influence of alcohol, drugs, or medications)
- Reckless driving (e.g., weaving in and out of traffic, running red lights)
- Fatigued driving
- Poor weather conditions (e.g., rain, snow, ice, or fog)
- Vehicle malfunctions or defects
- Road hazards or poor road conditions
- Failure to obey traffic signs and signals
What if You Are Partially at Fault
In some cases, multiple parties may share fault for a car accident. If you are found to hold some fault for an accident in Michigan, it can impact your ability to recover compensation for your losses. Under the state’s comparative negligence law, your damages will be reduced by your percentage of fault.
For example, let’s say you are found to be 20% at fault for an accident, and your total damages are $100,000. In that case, you would only be able to recover $80,000. If your fault is determined to be 50% or greater, you will be barred from recovering any compensation at all, as per the 51% rule.
If you believe you may be partially at fault for an accident, it’s essential to consult with a car accident lawyer in Kalamazoo. Understanding your rights and options can bring more clarity to your case. Knowing your rights can help to potentially minimize the percentage of fault assigned to you, possibly maximizing your potential compensation.
How to File a Claim for Wrongful Death Outcome
Losing a loved one in a car accident caused by another party’s negligence is an unimaginable tragedy. In these cases, you can file a wrongful death claim to seek compensation for your losses. In Michigan, the personal representative of the deceased’s estate may file a wrongful death claim to benefit the surviving family members.
Filing a wrongful death claim requires proof that the other party’s negligence or wrongful act was the cause of your loved one’s death. This can be a complex and emotionally challenging process, which is why it’s crucial to work with a lawyer. They can help take care of the legal side of things while you are still grieving.
Your attorney can help you gather evidence, build a strong case, and navigate the legal system on your behalf. They can also provide the support and guidance you need during this difficult time. This ensures that you may be able to receive compensation for your loss.
Work with a Kalamazoo Car Accident Attorney
Contact our office today to schedule your free initial consultation. Allow us to apply our knowledge, experience, and commitment to assist you in moving forward after your car accident. You have a right to see what may be available to you, and we can help you do just that.
We’re Experienced. We Care.
We Exceed Client Expectations.
