The most recent Michigan car accident statistics compiled by the State Police reveal 293,341 traffic accidents occurred across the state in 2022 alone. [1]
If you or a loved one have happened to be in a car crash, you need the best Michigan car accident lawyer in your corner to protect your rights so you are fairly compensated for your losses.
Don’t let the injustice you’ve suffered at someone else’s hands reshape the entire trajectory of your life. Get professional legal representation from our law firm to make everyone responsible pay for the pain and suffering they’ve inflicted on you.
What to Do After a Car Accident in Michigan
Motor vehicle accidents are scary and overwhelming. You or others in the car may be seriously injured. If able, exit the car and move away from the road. Call 911 to report the car accident and have them send emergency services so you can seek medical attention immediately.
The steps you take in the moments following the accident will influence your claim and your ability to recover fair compensation. Keep the following steps in mind as you navigate the chaotic aftermath of the car crash.
- Capture Evidence – Take out your phone and capture any evidence you can. Photos and videos of the car accident scene will help establish the extent of the damages. Your Michigan car accident lawyer can use this evidence to create a solid legal foundation for your claim.
- Get the Other Driver’s Information – Take the personal details and insurance company information of the other driver. This will be useful when you eventually file a claim, otherwise it may be difficult to track them down. If there were eyewitnesses, it’s best to get their details as well.
- File a Police Report – You’re required by law to report any vehicle accident causing injury, death, or more than $1,000 in property damage. The police report will provide a preliminary assessment. Since many insurance companies require a written report to be filed within 24 hours of a car accident, this will also help reduce the chances of your claim being dismissed on a technicality.
- Retain a Lawyer – Ideally, you should quickly get a Michigan car accident attorney to represent you in all negotiations with insurance companies and the other driver’s representative. You’ll have professional legal help as you navigate the challenging aftermath of the accident.
- Contact Your Insurance Company – Under Michigan’s no-fault insurance law, you need to claim compensation for medical bills and lost wages from your own insurance company, even if you weren’t at fault. Proactively inform your insurance provider about the car accident so they don’t have an excuse to not pay you.
- Never Admit Fault or Sign Anything – Avoid admitting fault for the accident to the other driver or their insurance company. Never sign anything they provide to you or agree to a settlement as it’s likely going to be a low offer. Always discuss with your attorney first before signing any document, even those provided by your insurance company.
Why You Need Experienced Car Accident Lawyers
Michigan’s no-fault laws are complicated. Having an experienced car accident attorney by your side helps you determine who you can claim damages from and how much you can potentially recover. Your Michigan car accident lawyer will make sure your rights are protected and you are fairly compensated to regain control of your life. They’ll also help with the following:
- Securing Evidence – Irrefutable evidence is vital for solidifying your claim. Michigan personal injury attorneys should move quickly to secure all relevant evidence, including medical records, vehicle crash reports, witness statements, and the police accident report.
- Comprehensive Investigation – Your accident lawyer will then conduct a detailed investigation of the accident based on the evidence collected and any other relevant knowledge to prepare a solid legal foundation for your claim.
- Accurate Valuation of Damages – The investigation will reveal who all the liable parties are and how much you can claim in damages. Your qualified car accident lawyers will utilize their expertise to accurately value damages suffered (including any pain and suffering damages) so you receive fair compensation.
- Aggressive Negotiations – Even your own insurance company won’t be thrilled about having to pay you. Experienced car accident attorneys know what games an insurance adjuster plays and how to beat them. Your car accident lawyer will aggressively negotiate the case to get the highest compensation possible.
- No Upfront Fees – Our expert Michigan car accident lawyers will fight for you every step of the way without you having to pay any fees upfront. Our fee will only be a percentage of your confirmed settlement offer.
Types of Car Accidents Our Law Firm Handles
A number of factors can play a role in an automobile accident, but these are typically the most common types of auto accident cases in Michigan. Our attorneys are highly skilled at dealing with all types of car accident cases. Regardless of the facts of your case, we can make sure your rights are protected and that you’re compensated for your pain and suffering.
- Rear-End Accidents – Drivers often follow too closely the car in front of them, not leaving enough space to stop safely. They’ll end up crashing into the car from behind. These accidents can result in serious car accident injuries. Michigan saw 64,220 rear-end crashes in 2022 alone. [2]
- Head-On Vehicle Crash – These accidents have a high risk of fatalities as two cars crash straight into each other. There’s also significant potential for catastrophic injuries. They often happen when the other driver is driving the wrong way or crosses the centerline improperly.
- Hit and Run Accidents – Often drivers who know they’re at fault for an automobile accident flee the scene. Our car accident lawyers utilize various legal options to hold them accountable and get you justice.
- Rollover Accidents – Cars can roll over when they’re struck by another vehicle, leading to a potentially deadly accident. Rollover accidents are also caused by reckless driving behavior, including speeding and ignoring traffic laws.
- Sideswipe Collisions – When drivers change lanes to merge without signaling, checking their blind spot, or making sure that they can do so safely, it often results in them swiping into another car, causing high-speed collisions, particularly on highways.
- T-Bone Accidents – Drivers who run stop signs or fail to safely navigate intersections cause side-impact collisions. They’ll crash into the side of another motor vehicle and the angle of the accident often inflicts injuries.
Filing a Car Accident Lawsuit With Rosenfeld Injury Lawyers
The skilled Michigan car accident attorneys at Rosenfeld Injury Lawyers have over two decades of experience in getting the highest compensation for accident victims. You should not have to suffer for someone else’s negligence. Our mission is to help get your life back on track. The comprehensive process our legal team follows to secure justice includes:
- Free Consultation – Contact us at any time for a free consultation. Our expert Michigan car accident lawyers will evaluate your case, provide their professional opinion on the legal options available to you, and give you an assessment of how much you could potentially win in damages.
- Case Investigation – Your case will be thoroughly investigated by our legal team so claims can be filed against all responsible parties. The facts of your case will be weighed against applicable federal and local laws to create a solid legal foundation, so we can negotiate with all parties from a position of strength.
- Collecting Evidence – Solid evidence is crucial for your claim. We’ll secure evidence from the accident scene, medical records, and footage from traffic cameras and dashcams to clearly establish the at-fault driver for the accident.
- Expert Consultations – The evidence will also be backed with expert opinions supporting your economic and non-economic claims. We have relationships with some of the best medical and accident reconstruction experts in the industry.
- Negotiating With Insurance Companies – Your claim will be negotiated not just with the other driver’s insurance company but also your own. We know every tactic insurance companies use to get out of paying fair compensation, so we beat them at their own game and get you the highest compensation possible.
- Going to Trial – Our Michigan car accident lawyers remain ready to take your case to trial if negotiations fail. Our law firm has highly skilled trial lawyers who will fiercely argue your case, backed by strong evidence and expert testimonies, to secure a favorable outcome.
Financial Compensation We Can Secure for Auto Accident Victims
There isn’t a go-to settlement amount that all Michigan car accident victims receive. How much you receive as compensation depends on several factors. The circumstances and facts are different for every case, as are the liable parties. That’s why it’s crucial to have an experienced car accident lawyer handle the matter.
Our law firm has secured settlements in a car accident case worth $18.5 million for a client who suffered permanent injuries stemming from a head-on semi-truck collision. We also won a $7 million settlement for a client who was hit as a pedestrian by a driver working for a nationwide medical supplier in a company car.
The experience of the Michigan car accident lawyers at our law firm in winning significant settlements gives your claim an edge as our focus throughout remains on getting you the highest compensation possible.
Factors Affecting Michigan Car Accident Settlement Amounts
The circumstances and facts of every Michigan car accident are unique. These factors directly impact the amount you can receive in an accident settlement.
- Extent of Injuries – The seriousness of injuries is taken into account when filing a claim for damages. Compensation is typically higher for more serious injuries compared to minor ones.
- Insurance Coverage – Limits on insurance coverage, whether your own or the at-fault driver’s, can affect how much you recover. Your car accident lawyer will utilize all legal options to get you maximum compensation.
- Evidence and Eyewitnesses – Irrefutable evidence backed by solid eyewitness statements helps clearly establish fault, making it difficult for insurance companies to try and deny your claim on frivolous grounds.
- Loss of Wages – Missed work due to the accident? Lost wages will be a consideration during the valuation of your claim and can be recovered alongside the loss of future income.
- Non-Economic Losses – Beyond personal injury and economic losses such as vehicle damage, mental trauma, and emotional pain and suffering damages qualify as non-economic losses which can also be claimed.
The Most Common Auto Accident Injuries
Proving the full extent of your injuries is important to raise your settlement payout. Your personal injury lawyer does this by relying on your medical records and treatment reports to establish the extent of injuries. Car accident victims are always at risk of suffering injuries which may even lead to death. These include:
- Organ Damage – Internal bleeding is a consequence of trauma to the body. It can potentially be fatal if emergency medical treatment isn’t received as organ damage may occur.
- Traumatic Brain Injuries – Concussions are common and serious traumatic brain injuries can occur in a catastrophic car accident. A complete recovery may not be possible as there is a risk of permanent brain damage.
- Herniated Discs – Whiplash from the accident can cause herniated and bulging discs, leading to serious neck injuries.
- Nerve Damage – Nerve damage stemming from spinal cord injuries often leads to a loss of sensation as well as paralysis of the legs, pelvis, shoulders, arms, and torso.
- Broken Bones – These are some of the most common injuries in an auto accident as the impact can cause bone fractures in various parts of the body, such as the skull, arms, and legs, and result in permanent disfigurement and disability.
The Basis of Car Crash Personal Injury Claims
Michigan follows the theory of comparative negligence which enables you to recover damages even if you are partially responsible for the car accident. You must establish the negligence of the defendants you’re claiming compensation from.
This requires proving that they had a duty of care to you. All drivers owe it to other road users to obey the rules of the road. When this duty of care is breached through negligent acts such as speeding that causes an accident, this establishes grounds for negligence and makes the at-fault driver liable for the claimant’s injuries.
You Have Limited Time to File a Car Accident Claim
There’s a statute of limitations on personal injury and wrongful death claims in Michigan. This is a non-negotiable time limit in which you must file your vehicle accident claim, otherwise, it won’t be allowed. It typically begins from the date of your accident.
Michigan law gives you three years after the accident to file a claim for personal injury. The statute of limitations for wrongful death claims to be filed by family members of the accident victim is also three years.
Your claim can be dismissed on a technicality if it’s not filed within this time limit. As your Michigan car accident attorneys, we take special care in ensuring all deadlines are met and you’re not prevented from receiving fair compensation.
The free case evaluation our law firm offers you covers a review of the statute of limitations for your claim. Our lawyers will evaluate all of the facts unique to your accident and weigh them against all applicable laws so that the recovery process can proceed seamlessly.
Damages Our Michigan Car Accident Lawyers Can Help You Recover
We make sure to claim both economic and non-economic damages from all parties who played a contributing role in the accident.
Economic damages include your vehicle repair or replacement costs, current and future medical bills, lost wages, loss of income potential, as well as additional medical expenses for rehabilitation and home care.
Non-economic damages related to your physical pain and suffering, loss of enjoyment of life, and emotional or psychological trauma can be claimed as well. We understand your life may never be the same after a car accident. Being compensated merely for economic damages doesn’t satisfy the ends of justice.
At Rosenfeld Injury Lawyers, we take a holistic view of every implication the accident has on your life. Our law firm follows an evidence-based process to create a solid legal foundation for your claim and put you on the right track to regain control of your life.
Legal Liability for Michigan Auto Accidents
Multiple defendants may have legal liability for your auto accident. This means you can name them in your claim and seek compensation. How much they have to pay depends on the extent of their liability. Work with experienced car accident lawyers to figure out who all the liable parties are. An at-fault party may include any of the following:
Personal Injury Claims Against Negligent Driver
You’ll have a personal injury claim against a negligent driver who’s found to be at fault for the accident. Michigan is a no-fault state so the initial payment will come from your own auto insurance company.
If there’s evidence to prove the other driver’s negligence, you can claim additional fault-based compensation. This is the maximum that could be received from the at-fault driver’s insurance. There are other legal options you could consider if your expenses are greater than the policy limits.
Personal Injury Protection Claims
No-fault insurance is mandatory in Michigan. It will pay for your medical bills, loss of wages, replacement costs, and damage done to someone else’s property regardless of who was responsible for the accident.
Personal injury protection is included in this mandatory policy. This means if you’re hurt in an accident, your own auto insurance company has to pay medical bills with no maximum limit. It’s also required to pay up to 85% of the income you would have earned for three years if you hadn’t been hurt. [3]
You’re eligible to be compensated for all of this even if the accident was your fault. We help you pursue personal injury protection claims with your insurance company, ensuring that they pay the full amount you’re entitled to.
Product Liability Claims
If a manufacturing defect in the vehicle or one of its parts played a role in the accident, we can help you pursue a product liability claim against the manufacturer of that vehicle or part. They may be required to pay compensation for the injuries you’ve suffered.
Most companies carry general insurance protecting them in the event of a product liability claim. Michigan doesn’t have mandatory liability insurance minimums. Work with a professional car accident lawyer to find out all liable parties and proceed against them accordingly.
Medical Malpractice Liability Claims
Medical malpractice often plays a role in fatal car accidents. For example, the at-fault driver may not have been told by their medical facility they shouldn’t drive while on a certain medication.
Whether an act of omission, incorrect diagnosis, lack of aftercare, or other relevant factors play a part in the accident, you may have a malpractice claim against the doctor treating the driver. There’s no legally mandated minimum malpractice coverage doctors must carry in Michigan.
DRAM Shop Liability Claims
Third-party claims may be made under DRAM shop rules in Michigan if the accident was caused by an intoxicated driver. You may be able to sue an establishment that served alcohol to someone who later caused an accident because they were drunk.
As there are no state mandatory liability policy limits for such establishments, the amount that you can claim in damages will largely be determined by their specific insurance policy limits.
Claims Against Government
Often an accident is caused by improperly maintained or poorly designed roads. A liability claim could be filed against the government entity, whether city or local, responsible for the maintenance of the road.
Special regulations apply to claims against the government. Your Michigan car accident lawyer will also have to demonstrate the government was or should have been aware of the potential danger.
Schedule a free case review today
It’s best to seek a legal opinion on who all of the liable parties might be in your accident. Schedule a free case review today with Rosenfeld Injury Lawyers by giving us a call at (888) 424-5757. We’ll make sure that all parties that are responsible for your accident are held accountable.
The Most Common Causes of Motor Vehicle Accidents in Michigan
It’s usually the reckless and irresponsible behavior of a driver that causes an auto accident. There may also be other circumstances that contribute to accidents. These include:
- Driving Under the Influence – Drivers often act irresponsibly and drive while they’re under the influence of drugs or alcohol. This renders them incapable of safely operating a vehicle. Michigan saw 322 fatalities resulting from alcohol-involved crashes in 2022 alone. [4]
- Distracted or Fatigued Driving – People often indulge in distracting activities behind the wheel, such as using their phone, eating and drinking, or simply not paying attention to the road. Fatigue is also a common cause of car accidents.
- Ignoring Traffic Laws – Ignoring traffic laws by driving the wrong way, running stop signs, not yielding to oncoming traffic, merging without signaling, or speeding can often result in a car accident.
- Defective Vehicle or Parts – A manufacturing fault in the vehicle or one of its components can lead to a catastrophic failure, resulting in the driver losing control of the vehicle.
- Inclement Weather – Road conditions can quickly become unsafe when the weather is bad, particularly when visibility becomes extremely low, often leading to major, multi-vehicle accidents.
Legal Implications of Auto Insurance in Michigan Car Accident Cases
Sweeping reforms were implemented in 2019 for auto insurance in Michigan. The changes have added a layer of complexity to the process, including the introduction of new insurance limits. Your Michigan car accident lawyer will be able to better navigate these complexities on your behalf.
Personal Injury Protection Limits
After July 1, 2020, policyholders can choose from a variety of limits for medical benefits. This is the amount the insurance adjuster would pay you for medical care related to your car accident in Michigan. Prior to this change, drivers were required to purchase unlimited medical benefits.
The new law provides drivers with more flexibility. They can choose either to continue with unlimited coverage or limit their coverage for future medical costs to $50,000 (if enrolled in Medicaid), $250,000, or $500,000. Personal injury protection benefits also pay 85% of lost wages for up to three years.
Bodily Injury Liability Limits
Starting July 2020, Michigan law requires drivers to have bodily injury liability insurance. This is to cover the medical expenses of others if you’re found to be at fault for an accident.
Default insurance limits were also raised to $250,000 for bodily injury or death of one person in any one accident and $500,000 for two or more persons in one accident. Drivers have the option to purchase lower limits at a minimum of $50,000 and $100,000 respectively. [5]
Uninsured/Underinsured Motorist Coverage
Uninsured motorist (UM) coverage provides protection to accident victims injured in Michigan auto accidents where an uninsured driver is at fault. This is often the only way to receive compensation in scenarios where the at-fault driver’s insurance would have paid if they had an insurance policy.
Drivers are often only insured for the minimum bodily injury policy limits. If your medical expenses are greater than their policy limits, you may be fully compensated. Underinsured motorist coverage (UIM) helps recover compensation when the driver who caused the accident has inadequate insurance limits to provide full compensation.
Michigan Assigned Claims Plan
Michigan Assigned Claims Plan (MACP) is a state agency that provides no-fault insurance benefits to car accident victims who don’t have coverage. It assigns insurance companies to pay out the claims for uninsured victims.
No-fault benefits can be claimed from MACP as an insurer of last resort when a victim involved in a car accident has no other insurance company available from which they can claim benefits. The benefits provided by MACP include medical expenses capped at $250,000, loss of wages, attendant care, replacement costs, and medical mileage.
Contact a Michigan auto accident lawyer from our team
Proving Fault in a Michigan Car Accident Case
Michigan is a no-fault state. Following a car accident, you must first turn to your own insurance company for compensation of medical bills and lost wages. If you prove the other driver’s negligence or that of other defendants, you may be able to bring a lawsuit for your accident.
Michigan follows comparative negligence law enabling you to recover damages even if you’re partially responsible for the car accident. However, the amount of damages will be reduced by the percentage of fault deemed to be yours.
Your claim must be based on irrefutable evidence showing the injuries are serious enough to warrant a claim. This is often referred to as “threshold injury” and is defined as either a “permanent serious disfigurement,” “serious impairment of body function” or death.
What evidence must be collected and how it needs to be presented differs for every Michigan auto accident case. Our Michigan car accident lawyers will thoroughly assess the facts unique to your case and rely on all applicable local and state laws to sufficiently prove fault.
The Cost of Hiring a Michigan Car Accident Attorney
You might think expert legal representation will be very expensive. The mission of our law firm is to help car accident victims in Michigan be fairly compensated for their expenses and pain and suffering so they can get their lives back on track.
You don’t need to pay us a single cent to start the process. We’ll handle everything from securing evidence, negotiating with insurance companies and even taking the case to trial without ever asking you to make any payment.
We provide our expert legal assistance on a contingency fee basis. Our fee is a percentage of your confirmed settlement offer. This means we don’t get paid until you get paid. Our law firm aligns its incentive with your settlement giving us motivation to relentlessly pursue fair compensation for you.
The Time It Takes to Settle a Car Accident Case
It can usually take several months for a car accident case to be settled. No-fault insurance benefits can come quickly if the insurance company doesn’t object to paying the policy minimums. However, if your compensation claim is more complex and there are multiple liable parties, it’s going to take longer to get a suitable offer from all of them. A trial may considerably prolong the time period.
That is why it’s so essential to contact a Michigan car accident lawyer quickly following the accident. It helps safeguard your rights, ensures your claim isn’t denied on technicalities and saves valuable time in getting you the compensation you rightly deserve.
Contact a Michigan Car Accident Lawyer Today!
We have over two decades of experience helping car accident victims get justice. Our auto accident attorneys are extremely knowledgeable about all applicable Michigan car accident laws and have the trial expertise needed to aggressively argue your case.
You’ll get a free case evaluation when you reach out to us. This sets the stage to develop a concrete legal foundation for your claim backed by irrefutable evidence. That’s how we’ve helped car accident victims like you recover millions of dollars in damages from liable parties.
Everything is done on a contingency fee basis. You’ll have no out-of-pocket expenses and we’ll handle everything to secure a settlement offer. Our firm only gets paid once you’ve been paid. Give us a call at (888) 424-5757. Our auto accident attorneys are available 24/7 for your free consultation.
Resources: [1] Michigan State Police, [2] Michigan State Police, [3] Michigan.gov, [4] Michigan State Police, [5] Michigan.gov