Distracted driving is among the leading causes of auto accidents in every state in the country, and cell phone usage is one of the main reasons for distracted driving. In response, virtually every state, including Michigan, has passed laws prohibiting texting while driving, most of which allow police officers to stop drivers solely for that offense.
However, texting while driving car accidents in Michigan still cause serious injuries every year. If you have been hurt in such a wreck, it is vital to understand and enforce your right to civil recovery as quickly as possible. Fortunately, help is available to understand your rights and determine whether you have a case from our dedicated auto accident attorneys at Thurswell Law, where we have a substantial history of successful results from cases such as yours.
Proving Someone Was Texting While Driving
Because texting while driving is illegal in Michigan, anyone who does so has violated the duty of care every driver has to responsibly and lawfully operate their vehicle. In some situations, proving that another person directly caused a traffic accident due to negligence is as simple as referencing the accident report written by police officers who responded to the crash scene. This report may include a citation issued to that negligent driver for texting while driving.
Sometimes, the injured person may need to prove that the other driver’s texting while driving was the main cause of the injuries they suffered in a Michigan car crash, with evidence such as:
- Crash scene photos and videos
- Dashboard and traffic camera footage
- Subpoenaed cell phone records
- Witness testimony
- Input from accident reconstructionists
Our team at Thurswell Law could help gather and effectively utilize all relevant information in pursuit of fair civil restitution after your accident.
Recovery of Short-Term and Long-Term Damages
Texting drivers often cause high-speed collisions because they are too distracted to slow down before impacting another vehicle. Unfortunately, this type of wreck can cause serious physical harm to everyone involved.
Under Michigan’s “no-fault” approach to car accident litigation, most people who suffer injuries caused by texting drivers must first seek financial reimbursement through their own personal injury protection insurance coverage. This should cover reasonably necessary medical expenses and up to 85 percent of lost work income for a maximum of three years after an accident. Property protection insurance should likewise cover damage caused to stationary property owned by others, such as a parked vehicle or a building.
Typically, it is only possible to sue for additional damages not covered by insurance if another person is directly at fault for the incident and the person filing suit has suffered a serious injury with long-lasting consequences. Michigan’s no-fault rules for car accident lawsuits do not apply to wrecks that occur out of state or involve an out-of-state driver, as our lawyers could explain in more detail during an initial consultation.
Contact a Michigan Attorney for Help With a Texting While Driving Car Accident
Every time a driver looks at their cell phone instead of the road ahead of them, they put themselves and everyone around them at risk of serious harm. Therefore, it is not just possible but often vital to take proactive legal action in the aftermath of a wreck caused by a texting driver, especially if you suffered life-altering injuries in that incident.
We could help you through every step of the legal process and ensure you get the best possible outcome from your unique claim. For texting while driving car accidents in Michigan, call Thurswell Law today at (248) 460-9865 to discuss your legal options.
N/a
