If you were injured in a car accident with a distracted and negligent motorist, seeking the help of a lawyer who is familiar with Michigan distracted driving car accident claims might prove beneficial. When another driver is careless, reckless, or malicious on the road and causes a crash, you should not have to cover your required medical treatment, property damage, lost wages, and other associated costs alone.
However, the legal path to pursue compensation is often complex, especially if you are underprepared or underrepresented. A skilled and compassionate attorney could help by listening to your unique circumstances and working to build a claim that reflects your needs for compensation.
Pursing Damages for a Distracted Driving Crash
Anyone injured in a crash due to a distracted driver has legal rights. First, an injured in individual can pursue compensation through the state’s no-fault insurance coverage. This might cover lost wages, medical expenses, attendant care, and other benefits. However, depending on the severity of a person’s injuries, this coverage might not be enough to fully compensate someone for their losses.
Therefore, an injured motorist might be able to pursue additional compensation by filing a lawsuit directly against a negligent driver. A well-versed attorney could help anyone injured in a distracted driving car accident in Michigan to assess their circumstances and choose the legal avenue that fits their needs.
The line chart below shows the number of crashes with injuries or fatalities in distracted driving accidents from 2012-2015 in the United States. Comparing the change of accidents from year to year, the largest swing came in 2015 when there were nearly 70,000 additional accidents compared to the previous year.
- 2012: 1,665,006
- 2013: 1,621,202
- 2014: 1,678,056
- 2015: 1,747,539
There are three main types of distraction:
- Visual: Taking your eyes off the road.
- Manual: Taking your hands off the wheel.
- Cognitive: Taking your mind off of driving.
Each day in the United States, approximately 9 people are killed and more than 1,000 injured in crashes that are reported to involve a distracted driver, according to the Centers for Disease Control and Prevention.
The pie chart below shows the distribution of fatality types for accidents that involve distracted drivers in the United States in 2017. Most distracted driver accidents are most harmful to the drivers of the vehicles. People not included in the automobile are responsible for approximately 20% of all fatalities from distracted drivers.
- Driver: 62.89%
- Passenger: 18.21%
- Pedestrian: 15.98%
- Pedalcyclist: 2.24%
- Other: 0.67%
How Fault is Proven in a Distracted Driving Accident Claim
Every driver has an obligation to drive safely and reasonably. Therefore, when a driver neglects this duty and causes a car accident, anyone injured has a legal right to pursue compensation.
Unfortunately, distractions are some of the most common reasons for crashes throughout the state. Whether a driver is messing with the radio, texting, talking to passengers or on the phone, or eating, there are numerous possibilities for a driver to become distracted.
Therefore, if an injured claimant can demonstrate that a defendant was distracted while behind the wheel, and that this distraction caused a crash, they might be able to successfully recover compensation. A Michigan distracted driving car accidents lawyer could help to assess the facts of a wreck and determine fault for a claim.
Comparative Fault for a Crash
Sometimes, a defendant will allege that the claimant also carries responsibility for a car crash. The state follows a comparative fault statue which, essentially, uses each party’s percentage of fault to determine the amount of damages they could recover. Therefore, if a claimant was found to be 30 percent at fault, for example, they might still recover 70 percent of the awarded damages for a claim.
Legal Help After Michigan Distracted Driving Car Accidents
If you or a loved one was injured in a collision with a reckless or careless driver, reaching out to a lawyer who is well-versed in claism arising from distracted driving car accidents in Michigan might prove to be beneficial. After a crash, however, you might be overwhelmed with concerns and questions, leaving you unsure of how to proceed.
It is important for anyone looking to pursue compensation to understand the state’s statute of limitations. Essentially, this sets a three-year deadline from the date of an injury wherein a person may pursue compensation.
By working with a well-versed attorney, you could have help in clarifying your legal rights and pursuing a claim through no-fault insurance or against an at-fault driver. To discuss your options further, call a legal professional today.
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