Laws regarding car accidents combine traits of both personal injury and traffic laws. These laws and regulations can be complex, and more than likely, the victim will need the aid of an experienced Swanton car accident lawyer.
During the trial, various pieces of evidence, such as photographs, testimony from witnesses and law enforcement officers, and anything else deemed relevant by the court will be presented.
If the court feels that the defendant is largely responsible for the accident, they could be required to pay the victim. If you have been injured in a car accident that was the fault of another person, continue reading to learn more about your legal options and how an experienced injury attorney can help.
Contributing Factors in a Car Accidents
Many events and circumstances can contribute to a car accident. Understanding the cause of an accident is often the first step for identifying who is at fault and who could be liable for your injuries. Common issues responsible for car accidents include:
Running stop signs or traffic lights,
Speeding,
Tailgating,
Not using important safety equipment, such as headlights or windshield wipers, and
Driving an unsafe vehicle.
Other reckless behaviors may lead to a car accident. Examples of more serious misconduct include distracted driving, driving under the influence of drugs or alcohol, or driving in dangerous weather conditions. Hazards like deteriorated roads, faded lane markings, or unmarked construction zones can increase the risk of collisions.
What You Can Do After a Car Accident
When possible, you should take action after a car accident. The order and extent of these actions will depend on your location, the injuries sustained, and other circumstances. Still, each step may be crucial in navigating a future lawsuit against the responsible parties.
Ensure your safety: After a car accident, move to a safe location away from traffic to prevent further harm.
Call for emergency services: Dial 911 immediately to report the accident and provide details about injuries and the incident’s location, ensuring prompt response from police and medical professionals.
Seek medical evaluation: Obtain a thorough medical assessment from a licensed healthcare provider to diagnose and treat any injuries promptly.
Exchange information: Collect contact and insurance details from all involved drivers to facilitate insurance claims.
Document the scene: Record notes, take photographs, and capture videos of the accident scene, including weather conditions, actions of drivers, and potential witnesses.
Consult with a Swanton car accident lawyer: Schedule a meeting with an attorney specializing in car accidents to explore potential legal options against responsible parties and receive guidance on pursuing compensation for damages.
Taking prompt action after a car accident can strengthen future claims by preserving evidence, accurately identifying damages, and determining liable parties.
Establishing Fault
As mentioned above, Swanton car accident attorneys will be tasked with establishing that the other party is largely responsible for the accident. The laws regarding liability often take the types of vehicles involved into consideration.
In most instances, pedestrians, bicyclists, and motorcyclists are more vulnerable than individuals in vehicles, so they are given significantly more legal protection.
The drivers of commercial vehicles may be held to higher standards since they are required to be certified and have completed training. Simply put, there are many factors that go into determining liability.
What If Multiple Parties Are at Fault?
Many car accidents result from multiple causes, events, and circumstances. Fault in these cases can be assigned to more than one party, including an injured plaintiff (the person bringing the case). The state’s rule of comparative fault established under MCL § 600.2959 determines each party’s liability for damages when multiple parties are found negligent. Generally, the comparative fault rule reduces a negligent plaintiff’s compensation from awarded damages by their percentage of fault for their injury. A plaintiff who is 20 percent liable for their injury would only be able to recover 80 percent of their awarded damages.
The comparative fault rule has an added layer of complexity for plaintiffs who are more than 51 percent responsible for the accident. The court reduces a plaintiff’s economic damages when they are the majority party at fault and prohibits the recovery of noneconomic damages, which can greatly reduce the overall money obtained from other at-fault parties. A Swanton car accident lawyer can explain the risks to your compensation and advise on a settlement to mitigate the risk during a jury trial.
Third-Party Liability for Car Accidents
Knowing who is responsible for your injury after a car accident can be complicated. The drivers and parties who are directly involved are easy to identify. However, parties indirectly involved could also share liability for the damages from your injury. An experienced Swanton car accident lawyer will be able to identify any potentially liable third parties and ensure they are properly named in the lawsuit and held accountable for their negligence.
Employer Liability
The most common example of third-party liability in a car accident case is the responsibility of a driver’s employer for their employee’s negligence. This is known as vicarious liability, and it applies to employers whose employees cause injury to another through their misconduct while driving as part of their employment. Commercial trucks and other work-related vehicles involved in a car accident could trigger liability for the vehicle’s owner or the driver’s employer. An employer’s liability in a car accident case could also come from their negligent hiring of the driver. Failing to conduct a background check or ignoring prior driving violations could establish fault for injuries in a car accident.
Rideshare Company Liability
Rideshare companies are another example of third-party liability for car accidents. State law requires these businesses to maintain automobile insurance coverage for accidents involving their drivers operating vehicles on their behalf. Under MCL § 257.2123, a transportation network company must maintain residual third-party automobile insurance in the following minimum amounts when a driver is logged into their network:
$50,000 per person for death or bodily injury,
$100,000 per incident for death or bodily injury, and
$25,000 for property damage.
When a transportation network company’s driver is engaged in a prearranged ride, a $1 million combined single limit policy for all bodily injury or property damage is required. Personal protection insurance and property protection insurance must also be active. These insurance requirements provide greater coverage for persons injured in a rideshare car accident by extending liability beyond the involved rideshare driver and their insurance.
Vehicle Manufacturer or Repair Shop Liability
Defective vehicles or faulty parts could contribute to a car accident. The vehicle’s manufacturer or a service company may be liable for selling a defective vehicle that causes injury under product liability law. The plaintiff in a product liability claim has the burden of proving the car was not reasonably safe when it left the manufacturer and was transferred to the owner. The cases can be complex depending on the length of time between the purchase of the car and the accident. Depending on the circumstances, a car manufacturer may claim the vehicle was not properly maintained or another available defense.
Parent Liability for a Child’s Car Accident
A parent could be liable as a third party to a car accident case when their minor child’s negligence is responsible for the injuries of others. However, MCL § 600.2913 limits a parent’s liability to $2,500 in cases where the minor child acted maliciously or willfully. Whether the parent or the child owned the vehicle involved in the accident could also play a role in determining their liability.
The Role of Insurance Companies
After an accident, most people do not pay for damages on their own. Insurance companies often shoulder most of the cost, and in many cases, they may even pay for medical expenses.
Unfortunately, if a person is ever injured in a car accident, they will almost inevitably have to deal with representatives from the insurance company of the defendant.
These individuals may seem well-meaning, but in reality, their ultimate goal is to pay the injured party the least amount possible. As a victim, people should avoid interacting with the insurance company unless a lawyer is present.
Car Accident Injuries and Financial Compensation
Car accidents are one of the leading causes of injuries in the United States. Injuries are not only painful and inconvenient, but expensive as well, and if injured individuals do not attempt to seek compensation for their suffering, they could end up having to pay for their own medical and personal expenses.
This is simply unfair, especially considering the fact that the following types of injuries are often caused by car accidents:
One of the most common types of injuries is whiplash, which is caused by the sudden and forceful movement of the neck and head. Whiplash often takes days to manifest, but when it does, it can leave victims in overwhelming pain. It is also important to understand that cases involving permanent injury or disability are best handled by a Swanton car accident attorney.
Types of Damages from Car Accidents
Your injuries in a car accident could entitle you to compensation for several types of damages, which are commonly categorized into two groups. The first is economic damages. These are the measurable losses that occur from injuries and commonly include compensation for medical expenses, repair or replacement of property, and lost earnings from being unable to work. The other type of damages is non-economic damages, which represent other losses from the accident that are harder to quantify, such as pain and suffering or loss of enjoyment of life.
In a wrongful death lawsuit, additional compensation may be available to surviving family members for related damages. Examples of damages that might apply in this context could include funeral expenses, loss of companionship, and loss of financial support.
A plaintiff may also have a right to claim compensation for what are known as punitive or exemplary damages. A court or jury generally has discretion to award these damages to plaintiffs when reckless, malicious, or other intentional misconduct by another causes them injury. A driver may be liable for exemplary damages when the negligent misconduct involves a serious offense, like driving while intoxicated.
Filing a Personal Injury or Wrongful Death Lawsuit with the Help of a Swanton Car Accident Attorney
A car accident lawyer in Swanton can help injured individuals file to secure financial compensation from parties liable for their damages. If a car accident results in a person’s death, a wrongful death case may be brought by the estate’s personal representative for the benefit of heirs and other beneficiaries. Our team represents plaintiffs throughout these proceedings. They can educate clients on their legal rights, protect their interests in court proceedings, and advocate for fair compensation on their behalf.
Following an initial consultation, our lawyers can thoroughly investigate the accident’s cause and gather useful evidence. This crucial step ensures we have the necessary information to build a compelling case against the liable parties. Some examples of key evidence in a car accident case include police reports, traffic camera footage, and medical records.
Our lawyers may also engage with insurance companies or seek a settlement outside of court through negotiations with the responsible party or their legal counsel. A settlement can resolve your case by ending the lawsuit in exchange for a financial payment, which may be a lump sum or structured as an annuity that provides several payments.
When settlement talks are unsuccessful, the next step is to file a written complaint with the state or federal court. The complaint outlines the parties believed to be responsible for the injuries, explains how their actions led to the car accident, and specifies the compensation sought based on the plaintiff’s damages. Defendants in the lawsuit may respond with their own legal filings, leading to pre-trial hearings and possible rulings from the judge overseeing the case.
The case then proceeds to discovery, where both parties exchange relevant information about the accident to better understand and strengthen their cases. The sworn testimony of the involved parties during depositions plays a crucial role in this phase of the case.
Other opportunities to settle the case as liability and fault may come up during the litigation process. However, in cases where settlement is not feasible due to disputed facts or other legal complexities, the case proceeds to trial. At trial, a jury will determine fault, allocate liability for damages, and specify the amount of compensation awarded.
The Deadline to File a Civil Lawsuit
The state has a three-year statute of limitations for personal injury and wrongful death lawsuits, explained in MCL § 600.5805. This law establishes a filing deadline for plaintiffs that usually begins on the date of discovering the injuries that create the right to pursue a claim. The statute of limitations begins to run on the date of the accident in most cases. Our Swanton car accident lawyers can help you determine the applicable filing deadline in your case based on the facts.
Contact a Swanton Car Accident Attorney Today
Recovering from a car accident can be hard, but it can be even harder if the insurance company of the responsible party refuses to pay or acknowledge their role in the accident.
When you work with a Swanton car accident lawyer from our firm, you can be sure that you have the proper representation you need to win your case. We treat all of our clients with respect and compassion, and we will do our very best to represent you. Contact us today to discuss the details of your accident.
