If you were injured in a crash with a driver who was under the influence of an illicit substance, you might benefit from reaching out to a lawyer who has experience with Michigan drug impairment car accident claims to discuss your legal options.
However, when the negligent actions of another motorist causes you harm, you should not have to shoulder the subsequent medical bills, lost wages, and other associated damages alone. By working with a skilled attorney, you could have help to gather evidence of fault and file a claim for compensation.
Establishing Fault for a Drug-Impaired Crash
Showing negligence is an essential step for filing a claim against an at-fault motorist. Essentially, there are four elements that must be established in order to successfully pursue compensation.
- Duty of care—the motorist has a legal obligation to obey the rules of the road and drive safely
- Breach of duty—the driver disregarded their duty of care by violating the rules of the road
- Causation—this violation was the root cause of an accident
- Damages—the accident caused by the defendant resulted in injuries and additional crash-related losses to the claimant
Because of this obligation, any driver that was operating a vehicle while under the influence of drugs is likely to have considered civilly liable for a crash. The sooner that evidence is organized and prepared for a claim, the easier it might be for an injured claimant to pursue compensation for their financial strain and focus on their recovery.
However, establishing each element of negligence could be complex and overwhelming, especially for an underprepared claimant. A Michigan drug impairment car accident lawyer could help to explain how fault is established and work tirelessly to gather sufficient evidence for a claim.
What Happens When an Injured Driver is Partially At-Fault?
Every person injured in an auto accident should be aware of the relevant statutes linked to comparative negligence and limitations. For example, pursuant to Michigan Compiled Laws §600.2959, if a claimant is found to share some of the blame for a crash, their damages would be reduced proportionately to their percentage of liability. Furthermore, any victim found to be greater than 50 percent at fault might be barred from recovering any damages.
Additionally, there are deadlines for taking legal action that are important to understand. The statute of limitations—outlined under MCL §600.5805—gives three years from the date of the accident for an injured person to seek compensation. While there might be exceptions to this timeline, a prospective claimant who tries to file a claim after this timeframe runs the risk of facing a dismissal. A qualified attorney could work tirelessly to help a claimant injured in a drug impairment car accident in Michigan to understand their rights and file a timely claim that satisfies the statute of limitations.
How a Lawyer Might Help with a Michigan Drug Impairment Car Accident Case
If you or a loved one was injured in an accident with a motorist who was under the influence of drugs, you have legal options and might benefit from speaking with a lawyer familiar with Michigan drug impairment car accident lawsuits. However, after suffering potentially severe injuries, you might be overwhelmed and unsure of how to proceed.
By working with a compassionate attorney, you could have help to clarify your legal rights and pursue recovery for your losses. To schedule a consultation, call a legal professional today.
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