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AUTO ACCIDENT

A high percentage of auto accidents happen because a driver has been negligent, meaning that they have operated a vehicle illegally or improperly. A driver must exercise 'reasonable care' while behind the wheel and may be negligent for not following traffic signals, speeding, or being preoccupied by distracting activities like texting or talking on a cell phone while driving, preoccupied by other people or animals in the car, drinking or eating, etc.

Key to Winning the Case

The burden of proving negligence, however, is on the injured party. It falls on the victim to show that the driver who caused the car accident was negligent and that the accident caused injuries deserving of compensation. This is where an excellent attorney is the key to making a lawsuit worth  effort. A good attorney  will know that time is valuable, takes the proper steps, knows how to obtain the proof that is needed to either settle for a large amount of money or take your case to trial (if company entities are involved, they do not want the negative publicity and many times will settle out of court). Compensation can come from: Driver's insurance company (for driving negligence), auto companies & auto parts or tire companies due to  defectsSometimes  government entities
(due to road hazards, or maintenance issues), and business company (if person is driving an employee vehicle and is on the job at the time of accident) can also be at fault.

If an accident is partly due to your own fault, you can still recover from the party that was primarily responsible for your injuries. However, the amount of your recovery will be reduced under what is called 'comparative negligence', or 'comparative fault'. The opposing party's carelessness is compared to yours, and that determines the percentage of liability and compensation is calculated accordingly.

Auto driving facts (Distraction.gov)
  • Driving while using a cell phone reduces the amount of brain activity associate with driving by 37%.
  • 11% of all drivers distracted involved with fatal auto accidents were under the age of 20 years old.
  • Only automobile accidents rank above slip and fall accidents as causes of accidental deaths in the United States.
  • Drivers that use mobile devices are four times more likely to get into a auto accident and seriously injure themselves.
  • Texting on the average creates a crash risk 23 times more damaging than a driver who is not texting. Texting while driving is illegal in Michigan. If we can prove that the other driver was texting (we subpeona the phone records) this only makes your case stronger.

Sources of compensation for auto accident injuries/losses

  • Owners and drivers of any vehicle on the road may be liable for the conduct of the driver and abiding by the traffic laws in each state. These car owners may range  from  the  parents  of  drivers  under  the  age  of  18  to company entities providing their employees or contractors with automobiles to aid them in their job.
  • Uninsured Motorists coverage may exist under your and/or your passengers’ policies, which can provide additional sources of compensation in a car accident under certain circumstances.
  • Government units and agencies may share  traffic/auto accident if their services/technology/construction/maintenance or anything they are responsible to do fails in any way including abiding by state, county or city codes and proper regulations. See dangerous roads page
  • Employers have the responsibility for any traffic/auto accident caused by their employees during the time of performing their job.
  • Lost wages if you take time off form your job, sick leave or a vacation time to recover from injuries due to an accident, we may be able to get compensation for this time away from work.
  • Vehicle/motorcycle manufacturers may face separate liability for negligence during the manufacturing process or design process for injuries due to an accident.
  • Wrongful Death
  • Pain and suffering
  • Medical expenses
  • Impairment of earning capacity
  • Life care expenses
  • Vocational rehabilitation
  • Loss of consortium (the services of an injured spouse)
  • Loss of advice including comfort, assistance, protection, counsel, companionship