You were going along, maybe heading into the office, when out of the blue a distracted driver struck you. How do you know that a person was driving distracted? In some cases, phone records will demonstrate cell phone use while driving. In other cases, the driver may admit that they weren’t paying attention.
The result? Serious injuries for you that could have easily been prevented had the other driver been paying attention. Driving distracted has been found to be as dangerous as drunk driving in many cases. A Michigan distracted driving accident lawyer can help you seek damages from a negligent driver.
What is Distracted Driving?
It’s when you engage in any other behavior while driving that is diverting your attention away from the road and the task of driving. Pretty much anything that takes your attention can be a form of distracted driving. Here are some of the most common examples:
- Cell phone use, especially texting
- Eating and drinking
- Changing the radio station
- Talking with or looking at other passengers in the vehicle
- Putting on makeup in the car
In 2023, distracted driving contributed to over 15,000 accidents in Michigan, according to data from Michigan Traffic Crash Facts. No matter if you’re on rural highways or busy city roads, distracted driving can cause major harm.
Texting Seems to Be the Worst Form of Distracted Driving
All distracted driving is dangerous and can lead to accidents, but texting while driving has become especially concerning. Texting takes a lot of attention away from driving for a lengthy period of time, and auto accidents are often the result.
The Michigan Office of Highway Safety Planning notes that in 2021, over 45 percent of rear-end crashes involved cellphone use. A driver who takes their eyes off the road for a few moments to use their phone jeopardizes the safety and lives of everyone around them.
Anyone caught holding a cellphone or physically using a device while driving can face penalties like fines and community service. Michigan state law made cellphone use while driving illegal in June 2023, and motorists must use Bluetooth or other hands-free methods to make calls or text while operating a vehicle.
Environmental Hazards, Road Conditions, and Distracted Driving
Michigan residents know just how dangerous roads can be, even if drivers are on their best behavior. Deer and other animals, snow and other forms of inclement weather, potholes, construction, and debris all present dangers to motorists.
Those who drive while distracted can miss these hazards on the road and cause immense harm to themselves and other drivers. They may panic and swerve into other cars or crash into other cars because they could now slow down or stop quickly enough. Whatever the cause, victims like you now suffer costly losses and painful injuries.
What Are the Consequences of Distracted Driving?
Regrettably, thousands of people are killed each year because of distracted driving in this country alone, and countless more are injured. Cell phone use especially has become a major risk factor in today’s world. If a distracted driver has injured you, you have options to recover monetary compensation for all the suffering your accident has put you through.
These negligent drivers can also face fines, license suspension, prison, and other consequences, depending on the details of the accident. The driver does not need a criminal conviction to be held liable for your harm, but it can certainly support your claim for damages.
Victims Hurt by Distracted Driving Can Seek Damages
Typically, Michigan drivers are covered by their personal injury protection (PIP) policies. Regardless of fault, the involved drivers will turn to their own policies to cover medical expenses, some lost wages, some daily expenses, and death benefits if the victims died because of the accident. However, PIP coverage is limited and does not include non-economic damages.
If you’ve been seriously hurt in a vehicle crash, you may be able to take your accident claim out of Michigan’s No-Fault system and file a personal injury claim. Filing a claim against a negligent driver can allow you to recoup the financial losses you’ve suffered, and it allows you to obtain some justice for this experience.
Distracted driving is dangerous, and your claim could prevent other people from being hurt. Some of the types of damages you can seek when filing a personal injury claim are:
- Pain and suffering damages
- Medical expenses, such as hospital bills, medications, surgeries, copayments, and more
- Future medical expenses, if you have permanent or long-term injuries
- Mental health services and physical rehabilitation
- Missed wages from work and permanent disability
- Permanent injury and scarring
- Loss of enjoyment
- Loss of consortium
- Lost income and earning potential
Every distracted case will have different damages. A personal injury lawyer can assess your case to determine the full extent of your current and future damages. You deserve justice, and we’re here to fight on your behalf.
Act Quickly to Seek Damages for a Distracted Driving Collision
You have a right to take civil action, but state law does limit how long you have to act. Per Mich. Comp. Laws Ann. § 600.5805, you only have three years to file a lawsuit for damages. If you are seeking wrongful death damages after the passing of a loved one, you still only have three years to take action.
The sooner you can reach out to us, the sooner we can get started on your case. We want to preserve your right to seek damages, so do not delay after this car crash.
Get in Contact With an Auto Wreck Attorney
You were being a safe and careful driver, and you were injured because of another person’s recklessness. It is not fair for you to suffer from these careless decisions, and you deserve justice and monetary compensation. The only way to get it is to file an injury claim against the party that hurt you.
Filing a claim isn’t easy, and Michigan has some special laws that need to be considered during the process. Call Christensen Law to discuss your auto injury claim with an injury claims attorney. We offer free case evaluations so that you can be sure that your case qualifies to leave the no-fault auto insurance system. To reach an attorney, call us today to get started.
