A car crash caused by a driver who wasn’t paying attention is a deeply frustrating and often devastating experience. The actions you take immediately following such an incident can significantly impact your ability to recover financial damages. Distracted driving accidents frequently result in severe or even catastrophic injuries. Without the guidance of a skilled Michigan distracted driving lawyer, you might not obtain the full compensation necessary to cover your medical treatments, lost wages, and other damages.
At The Joseph Dedvukaj Firm, P.C., we champion the rights of individuals injured in distracted driving accidents in Detroit, Michigan, and communities statewide. We are seasoned litigators, fully prepared to take your case to trial to achieve the justice and outcome you rightfully deserve.
If a distracted driver has injured you, contact our office for a complimentary, no-obligation consultation.
The Pervasive Danger of Distracted Driving
Distracted driving is any activity that diverts attention from the primary task of safe driving. Distractions can be visual (taking your eyes off the road), manual (taking your hands off the wheel), or cognitive (taking your mind off driving). According to the CDC, there are three main types of distracted driving, and all can lead to tragic outcomes.
We handle cases involving various forms of driver distraction, including:
- Texting and Driving: One of the most dangerous distractions, as it involves all three types of distraction. Michigan has specific laws addressing texting while driving.
- Cell Phone Use: Talking on a handheld device, browsing social media, or using apps. Cell phone usage continues to contribute to a rise in accidents.
- GPS and Navigation Systems: Programming or looking at navigation devices.
- Eating and Drinking: Taking attention away from vehicle control and road awareness.
- Interacting with Passengers or Pets: Turning around or engaging in conversations that divert focus.
- Adjusting Radio or Climate Controls: Even brief moments of inattention can be perilous.
- Grooming or Reaching for Objects: Activities that take hands off the wheel and eyes off the road.
Distracted driving has serious actions and consequences in Michigan. If another driver’s inattention caused your injuries, you might be entitled to compensation for your losses. It’s vital to consult with an experienced Detroit distracted driving lawyer to assess if you have a valid claim for damages in an injury or, tragically, a wrongful death case.
Distracted driving can lead to various types of collisions, including:
- Rear-end collisions: Often occurring when a distracted driver fails to notice slowing or stopped traffic.
- Head-on collisions: When a distracted driver veers into oncoming traffic.
- T-bone accidents: Common at intersections when a distracted driver runs a red light or stop sign.
- Sideswipe crashes: Resulting from unsafe lane changes made without checking blind spots due to distraction.
- Accidents involving pedestrians or bicyclists: Where a distracted driver fails to see vulnerable road users.
A distracted driving accident can severely impact your life. You might be unable to work or face overwhelming medical debt. Insurance companies may attempt to deny your claim or unfairly attribute fault to you, potentially reducing your rightful recovery. A dedicated distracted driving lawyer can ensure you don’t settle for less than your case’s true value. The Joseph Dedvukaj Firm also has experience assisting clients with Social Security Disability claims if injuries prevent a return to work for an extended period.
Proving Fault in a Distracted Driving Accident
Determining fault in any car crash is critical, and this is especially true in distracted driving cases. In Michigan, if you are found more than 50% at fault for an accident, your non-economic damages (like pain and suffering) can be barred. Your recoverable amount will also be reduced by your percentage of fault. Insurance companies are aware of this and will often try to shift blame.
Proving the other driver was distracted requires a thorough investigation. This can include:
- Police reports that note driver inattention.
- Witness testimony regarding the other driver’s behavior before the crash.
- Cell phone records (which may require a subpoena).
- Social media activity.
- Statements made by the at-fault driver.
Our attorneys are skilled in gathering the necessary evidence to prove fault in car accident cases.
Statute of Limitations for Distracted Driving Accidents in Michigan
Michigan law allows up to three years to file a lawsuit for a distracted driving accident. This statute of limitations means you have three years from the accident date to initiate a legal claim. Failing to file within this timeframe will likely mean forfeiting your right to pursue compensation.
Crucially, because Michigan operates under a no-fault insurance system, you are entitled to Personal Injury Protection (PIP) benefits. However, you must file a notice of claim and application for these benefits with your own insurer within one year of the accident. If your PIP benefits don’t cover all your damages, or for non-economic damages like pain and suffering, you may need to file an injury lawsuit against the at-fault distracted driver.
How a Distracted Driving Accident Attorney Can Help You
After an accident caused by a distracted driver, the legal landscape can be daunting, particularly when you’re coping with injuries, medical treatments, and insurance company dealings. An experienced distracted driving accident attorney from The Joseph Dedvukaj Firm, P.C., can offer indispensable support.
- Thorough Case Evaluation: We will meticulously investigate the accident to establish the other driver’s distraction and the full scope of your damages. This involves collecting evidence (including potentially subpoenaing phone records), interviewing witnesses, and, if needed, collaborating with accident reconstruction experts.
- Managing Insurance Companies: Dealing with insurance adjusters can be challenging, as their objective is often to minimize payouts. We will handle all communications and negotiations with insurance companies on your behalf to secure the compensation you are due for your injuries, lost wages, property damage, and pain and suffering.
- Skilled Legal Representation: If a just settlement cannot be achieved through negotiation, our attorneys are prepared to advocate fiercely for you in court. We possess extensive trial experience and will fight for your rights before a judge and jury.
- Maximizing Your Compensation: We ensure all avenues for compensation are explored, including claims against the at-fault driver, underinsured motorist coverage if applicable, and PIP benefits. Our aim is to maximize your financial recovery so you can focus on your well-being.
- Protecting Your Rights: Michigan’s comparative negligence rule means that if you are found more than 50% at fault, your ability to recover damages could be jeopardized. We will work diligently to protect your rights and counter any unfair attempts to blame you.
- Guiding You Through the Legal Maze: The legal process can be intricate and confusing. We will guide you at every stage, ensuring you understand your options and can make well-informed decisions about your case.
Injured by a Distracted Driver in Michigan? Contact Our Office.
Were you injured in an accident caused by a distracted driver in Michigan? Contact our office to speak directly with a Detroit distracted driving accident lawyer. All consultations are free and carry no obligation to retain our services.