Driving is often seen as a privilege rather than an inherent right, given the significant responsibility it entails. In 2019 alone, there were over 22,215 car accident deaths in the U.S., with a rate of 8.03 fatalities per 100,000 vehicles, according to the National Highway Traffic Safety Administration (NHTSA). The reasons behind these tragic incidents vary widely, from distraction and disregard for traffic laws to poor road conditions and negligence. Allow our Michigan car accident attorney to guide you through the state traffic laws, your rights, and the possibility of compensation, ensuring you’re supported through every step of the aftermath.
Michigan Car Accident Laws
It’s essential for both drivers and passengers involved in Michigan car accidents to be aware of the governing state laws that impact their ability to seek compensation for injuries and damages. Here are key points you need to know:
No-Fault Insurance
Michigan operates under a no-fault auto insurance law, meaning that, regardless of who is at fault for the accident, your insurance company is responsible for covering your medical expenses, lost wages, and other related damages. The law intends to ensure that accident victims receive prompt compensation without having to resort to lengthy legal battles to determine fault. But it can also limit the ability of accident victims to sue for non-economic damages like pain and suffering unless certain thresholds are met.
Comparative Negligence
Michigan follows a comparative negligence system, which means that liability for an accident can be divided among multiple parties based on their respective degrees of fault. Under this rule, your recoverable damages in a personal injury lawsuit may be reduced if you are found to be partially at fault for the accident. You can still recover damages as long as you are less than 50% at fault. However, the comparative negligence rule bars recovery for plaintiffs who are found to be 50% or more at fault for the accident.
Statute of Limitations
There are specific time limits, known as statutes of limitations, within which a lawsuit must be filed following a car accident. For personal injury claims arising from a Michigan car accident, including claims for medical expenses, lost wages, and pain and suffering, the statute of limitations is generally three years from the date of the accident. If you don’t file within this time frame, you may lose your right to pursue compensation.
These laws frame the legal context within which car accidents are evaluated and compensated in Michigan, emphasizing the importance of timely and informed action following an accident. Consulting with a qualified Michigan car accident attorney can provide you with valuable guidance and representation throughout the legal process.
Why Hire a Michigan Car Accident Attorney?
Hiring a Michigan car accident attorney provides you with invaluable support and representation during a challenging time, ensuring that your rights are protected and you have the best chance of obtaining the compensation you deserve. Here are specific ways how these legal experts can help:
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- Immediate Assistance. Car accident injuries can be unpredictable, with some symptoms manifesting hours or even days after the incident. Hiring a local car accident attorney ensures you have legal guidance and assistance as soon as possible, especially if injuries worsen over time.
- Protection Against Lawsuits. There’s always a risk that the other driver involved in the accident may decide to file a lawsuit against you. Having a car accident attorney on your side acts as a safety net, providing you with legal representation and defense against any unexpected legal actions.
- Navigating Michigan No-Fault Insurance. Michigan no-fault insurance can be challenging to navigate, with various regulations and laws that may change over time. A knowledgeable Michigan car accident attorney can guide you through the complexities of the no-fault system, ensuring that you understand your rights and obligations.
- Negotiation for Maximum Compensation. Car accident attorneys have the expertise to negotiate with insurance companies on your behalf. They work to obtain the highest possible compensation for your injuries, damages, and losses, taking into account factors such as medical expenses, lost wages, and pain and suffering.
- Evidence Gathering and Paperwork Handling. Experienced car accident attorneys can help gather evidence such as police reports, medical records, and witness statements to support your claim. They can also handle the intricate paperwork involved in filing a car accident lawsuit, ensuring that all deadlines are met and documents are properly submitted.
Michigan Car Accident? We’re Here to Help
If you or a loved one has been involved in a Michigan car accident, don’t let the confusion of legal procedures add to your stress. Reach out to Shafer Swartz PLC to secure a partner in your journey towards justice and compensation. With a deep understanding of Michigan car accident laws, our experienced attorneys are dedicated to guiding you through the process, ensuring you understand your rights and options.
Let us take the burden off your shoulders so you can focus on what matters most – your recovery. Contact us today at (231) 722-2444 or here to discuss your case and discover how we can make it right for you.