Distracted Driving Accidents
Distracted driving is driving in which the driver's attention is shifted away from navigating the car or responding to emergencies. It can include visual, cognitive, or manual distractions, such as eating while driving, engaging in a heated argument with a passenger, talking or texting on your cell phone, or applying makeup. Choosing to pay attention to something other than driving frequently and for long periods puts others on the road at risk. If you are injured by a careless driver, you should not hesitate to contact the Detroit, Traverse City, and Grand Rapids distracted driving accident lawyers at Neumann Law Group. The principal of our firm, Kelly Neumann, is an experienced and award-winning car accidents attorney who has regularly secured more than $3 million in personal injury cases each year for several years.Pursuing Compensation for a Distracted Driving Accident
Michigan's no-fault car accident law means that if you suffer minor injuries in a distracted driving accident, you can sue another driver for damages, including noneconomic damages, if you suffer what is considered a threshold injury. These include death, a serious impairment of a bodily function, or a serious permanent disfigurement. In your case, you likely will need to establish that the distracted driver owed you a duty of care, breached that duty, and actually and proximately (legally) caused your injuries and damages. All of these elements must be established by a preponderance of the evidence.
Failing to pay attention while driving is likely to be considered a breach of duty by a jury. If the cause of the distraction and your injuries is a violation of a statute, it is evidence of negligence per se. For example, while making a call on your cell phone is not a violation of Michigan law, texting while driving is banned in Michigan under sec. 257.602.b, with some exceptions.
Getting a police report of an accident can be important in any case involving serious injuries, but it may be especially important if you suspect the other driver was distracted. You should also get the names and contact information for witnesses. While a driver may not directly admit he or she was distracted, a law enforcement officer may be able to determine that was the case while investigating for the purpose of preparing the report. It is important to note that the police officer’s initial determination of fault may differ from what a court decides.
No-fault insurance policies in Michigan cover all your necessary medical costs when you are injured in a car accident, including up to three years of lost wages to a maximum sum, replacement services, medical expenses, and more. For these damages, you do not need to prove fault. However, if you are able to prove fault and have a threshold injury, noneconomic damages that may be available in Michigan include pain and suffering, inconvenience, mental anguish, disfigurement, emotional distress, and loss of society and companionship. Your spouse may be able to recover loss of consortium, which is basically the loss of your companionship and services.
It's essential to be aware of the statute of limitations, a specific timeframe governing the filing of personal injury and wrongful death claims. Michigan law requires personal injury claims to be filed within three years of an accident or other injury. Likewise, wrongful death lawsuits must be filed within three years from the individual's passing. Failure to file the case within this stipulated timeframe often results in its ineligibility for further proceedings. The experienced trial attorneys at Neumann Law Group can give you confidence that your lawsuit will be filed within the statute of limitations, ensuring you will receive compensation for your injuries.Seek Guidance from a Distracted Driving Lawyer in Traverse City, Grand Rapids, or Detroit
There are numerous distracted drivers on the road. If you are hurt in this type of crash, our motor vehicle collision lawyers may be able to help you recover the compensation you need and deserve. Neumann Law Group represents people in Petoskey, Warren, Holland, Midland, Muskegon, Saginaw, Wyoming, Kalamazoo, Lansing, Flint, Ann Arbor, and communities throughout the Upper Peninsula, as well as in California, New York, and Massachusetts. Contact us at 800-525-NEUMANN or via our online form for a free consultation with a Detroit, Grand Rapids, or Traverse City distracted driving accident attorney.