Motor Vehicle Accidents; Frequently Asked Questions.
Q: Am I owed compensation even if I am at fault?
A:In the state of Michigan the law determines that you cannot recover monetary damages from the other party involved in an accident if the accident is your fault. Sometimes you may be able to collect compensation for your medical expenses if the accident is the partial fault of both parties. In that case, you will most likely be required to prove that the other party was more at fault, and had greater responsibility for the accident. You may also be required to reduce the amount of compensation you are seeking by the percentage of your responsibility.
Q: Who should I sue to compensate me for my expenses?
A: In certain cases, the victim in an accident may be able to sue parties other than the driver who is at fault for the accident. For instance, if the driver who is at fault was driving a car that belonged to another person, the owner of the car as well as the driver may be liable for the victim’s damages. Another example would be if the driver who is at fault was impaired because of alcohol consumption, the victim may have a valid “Dram Shop” case against the establishment that continued to serve the at-fault driver alcohol even after he or she was obviously impaired. Sometimes in very specific cases it may be able to be proven that another third party was responsible, as in the case of an automobile manufacturer, if a defect in either vehicle caused the automobile crash. Similarly, a construction company or maintenance company can be held liable if the accident was caused by a defect in the road. If the accident in question involved an 18 wheeler or other large commercial truck, the driver's deviation from established rules and regulations for large truck operation may be the basis for a case against both the driver and his or her trucking company or other employer. Your personal injury lawyer will be able to tell you who involved in your accident may have been negligent, and who may owe you compensation.
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It is a sad fact that every 30 minutes, a victim in our country dies in an alcohol related automobile crash. If you or a loved one have been harmed by an alcohol related accident, Click here for a complimentary evaluation of your case.
Michigan Auto Accident Attorney
The auto accident attorneys of the Wayne County, Michigan based office of Mayer Gordon are skilled litigators who fight aggressively and tenaciously on behalf of their auto accident victim clients. Their creative and persistent approach in the courtroom has resulted in numerous million dollar plus verdicts on behalf of auto accident victims. These skilled auto accident attorneys serve the people in Macomb County, Oakland County, Genesee County & Washtenaw County. This area includes the cities of Detroit, Dearborn, Livonia, Westland, Grosse Pointe, Mt Clemens, Warren, Pontiac, Royal Oak, Southfield, Flint, Ann Arbor and the rest of southeast Michigan. The initial consultation with their skilled auto accident attorneys is always free.
For additional information about motor vehicle accidents, please also view our Auto Accidents, Truck and Commercial Vehicle Accidents, and Motorcycle Accidents areas.
An Overview of Common Motor Vehicle Accidents
The most common type of personal injury cases in the American court system today are those caused by automobile accidents. This cannot be surprising, considering that on average, according to the National Highway Traffic Safety Administration (NHTSA), every ten seconds at least one person in the United States is involved in an automobile related accident. Auto accidents generally fall under the laws of negligence, where it must be proven that one party involved in the accident did not fulfill their legal responsibility while operating an automobile, which is to exercise “reasonable care under the circumstances.” Once someone fails to use reasonable care, he or she is considered to be negligent in their operation of an automobile. The negligent party will be considered responsible for the accident, and may be required to pay monetary compensation to either a person or a property, to cover the expense of damages caused by their negligence. The victim, also known as the plaintiff, must prove that the defendant was, in fact, negligent, that the defendant’s negligence was the direct or proximate cause of the accident, and the accident was the cause of the plaintiff’s injuries. This process of determining the chain of events in an automobile accident can be lengthy and complicated, so if you or a loved one have been involved in an a motor vehicle accident, you should not hesitate to call an experienced automobile accident attorney. Only an automobile accident lawyer trained in the subtleties of automobile accident cases will be able to competently defend your best interests in an automobile accident case.
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Compensation for your Injuries
In most cases, a victim who is injured in an automobile accident may be able to bring a claim against the negligent parties involved in order to recover the accumulated expenses associated with both medical bills and property damage, loss of wages or other economic damages, as well as emotional and physical pain and suffering for both the victim and their family. This may sound good, but even litigation that involves a minor motor vehicle accident can be incredibly complicated and time consuming. The one and only way to place yourself in the best possible position to receive the compensation you deserve is to retain an exceptional and experienced motor vehicle lawyer.
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Dos & Don'ts for Insurance Claims
Do call your agent as soon as possible after an accident or other covered event happens. It is best to call from the scene of the accident, or if that is not possible, call as soon as you get home from the car accident. Make sure you seek medical treatment, too, and you might consider calling your agent from the waiting room at the ER, if medical attention is needed immediately.
Do review and understand your policy and your coverage. It is best to be familiar with this information before an accident occurs, but if you are not already familiar with it, you will be able to find this information under the “Coverage” and “Exclusion” sections in your policy. You should familiarize yourself with this information before contacting your agent.
Do Not admit guilt for the accident, fill out any paperwork, or give recorded statements to your insurance carrier until you have consulted with an experienced motor vehicle attorney.
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Uninsured or Underinsured Motorists
Due to the high cost of vehicle insurance rates, many motorists ignore insurance requirements, or are unable to afford a full coverage policy. Some motorists settle for insufficient coverage, paying for only the bare minimum. One way to protect yourself from uninsured or underinsured motorists is to include uninsured motorist coverage in your insurance policy. This is a type of insurance that protects you if you are involved in an accident with a driver who is legally responsible for the accident, but who has no liability coverage. If you have underinsured motorist coverage, it will pay for injuries resulting from an accident with a driver who has no liability insurance, or a driver whose liability insurance limits are lower than your uninsured motorist coverage. These coverage limits can be complicated, so if you or a loved one have been involved in an accident with an underinsured or uninsured driver, it is essential that you contact a reputable personal injury law firm as soon after the accident as possible. In these cases, it is very easy for the insurance companies to trick you into waiving valuable legal rights. An experienced personal injury attorney can help protect your interests.
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No-Fault Insurance
In the state of Michigan, No-Fault insurance is implemented, and widely misunderstood. Because No-Fault insurance is applied differently in every state that offers it, it is helpful to contact an experienced personal injury law firm who can help you determine how the state laws relevant to your case view fault. Generally, in a no-fault state, fault is not placed solely on either party, and each person must submit a claim to his or her own insurance company. An experienced personal injury attorney will discuss your case with you to determine how the fault or no-fault laws in your state may affect your ability to collect compensation for your damages.
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The first things you should do after being involved in an automobile accident
If you are involved in an automobile collision, do not leave the scene. Stop an assess the potential damage to both you and the other driver and your vehicles. Michigan, similar to most states, requires an individual to remain at the scene of an accident , minor or major, to ascertain whether there have been injuries or damages. You may be criminally prosecuted for leaving the scene of an automobile accident, even if you are not the driver at fault.
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