Car accidents happen when you least expect them. The world of accident victims crumbles in the blink of an eye. What used to be a cheerful disposition in carrying out the daily grind suddenly turns into fear and uncertainty in coping with the devastating injuries. But is there a silver lining behind the clouds? Can victims fully recover from the debilitating effects of physical, psychological, and financial incapacity?
What is the probability of winning a car accident case and getting a fair settlement in Brighton, Michigan? A Brighton car accident lawyer worth his salt would tell you it takes outstanding skill and years of experience to win a car accident case.
The battle to claim compensation is like a double-edged sword. An experienced lawyer knows how to prove the other party is at fault. They also know how to negotiate with the insurance company to maximize insurance claims.
Some car accident cases face odds after a failed negotiation, but a seasoned Brighton car accident attorney marches to trial. Hiring the best Brighton car accident lawyer will help you get thru the nitty gritty of a car accident lawsuit.
Car Accidents In Michigan: Statistics
The traffic crash reporting unit of the Michigan State Police publishes an annual report on car accidents within Michigan.
To summarize the 2021 year-end car crash report:
15% increase in traffic crashes from 2020 (245,432) to 2021 (282,640)
4% increase in fatalities from 2020 (1,083) to 2021 (1,131)
16% increase in injury crashes from 2020 (44,417) to 2021 (51,666)
Most traffic crashes (30,666) occurred in November, and many fatal crashes (124) occurred in August.
Most traffic crashes occurred on Fridays, and most fatal crashes occurred on Saturdays and Sundays.
What Type Of Attorney Deals With Automobile Crashes?
Given the statistics, an attorney must represent a car accident victim in a car crash lawsuit. What type of attorney cuts the deal?
Lawyers, like doctors, have fields of specialization. A car accident attorney, also known as a personal injury lawyer, is adept at handling car accident cases involving car crashes. He is knowledgeable about traffic laws, car accident litigation, personal injury claim, and auto insurance claims, among others. If you have sustained injuries in a car accident, you must hire Brighton car accident lawyers who have vast experience in car accidents resulting in serious injuries. A generic or ‘unbranded’ legal counsel, who is not an expert in this arena, may not recover the compensation benefits that you deserve.
Types of Car Accident Claims In Brighton, MI
Michigan allows car accident victims to file three accident claims to recoup damages and losses:
Mini Tort Claim
The Michigan Mini Tort Auto Law allows victims to file mini tort claims within three years of the car accident. Under the law, a car accident victim can recover up to $3,000 for vehicle damages from the at-fault driver. The recoverable amount increased from $1,000 to $3,000 if the car accident occurred after July 1, 2020.
A mini tort claim enables car accident victims to recoup part of out-of-pocket expenses with car repair and overhaul. The law applies if you have limited or no collision coverage and a collision deductible. It also applies to drivers who are less than fifty percent at fault.
First-Party Car Insurance Claim
Michigan No-Fault Auto Insurance Law requires first-party car insurance coverage for all drivers. It provides personal protection insurance benefits to pay for the medical bills, lost income, medical mileage, attendant care, and replacement services of crash accident victims.
To be eligible for a first-party car insurance claim, the claimant must file a No-Fault application within one year of the car crash. Otherwise, you will lose all your PIP benefits.
If a car accident victim does not have an insurer, the priority rules of the Michigan No-Fault Law determine which insurance companies will pay for the PIP benefits. The insurer of a spouse or family member living with the accident victim will pay for the benefits.
The car accident victim may file with the Michigan Assigned Claims Plan If neither of the above mentioned has auto insurers.
Third-Party Car Insurance Claim
A No-Fault law of Michigan allows injured victims in a car accident to file for Third-Party claims against drivers at fault.
A Third-Party Claim allows car accident victims to collect compensation for non-economic loss such as pain and suffering, permanent disability and scarring, and loss of enjoyment for life. The insurer of the other party will pay up to the limit on the bodily injury liability coverage of the at-fault driver.
To be eligible for a third-party claim:
The injured car accident victim must have a no-fault insurance policy.
The other driver must be at least 50% at fault in causing the car accident.
Filing with the court must be within three years of the car accident.
Have you heard about accidents waiting to happen? Car accidents are inevitable under the following circumstances. Be sure to avoid any of these activities when you drive.
Distracted Driving
When a driver momentarily takes his eyes off the road, a car accident most likely occurs in a few seconds. Texting, chatting, browsing mobile phones, eating, changing CDs or radio stations, and glancing at someone while talking are examples of distracted driving.
The traffic crash reporting unit of the Michigan State Police stated a 14% increase in distracted driving from 2020 to 2021.
Over-speeding
It is difficult, if not impossible, to stop an over-speeding vehicle when the situation calls for it. What if the car in front of you suddenly screeches to a halt, and you are running at excessive speed? Or the other driver failed to yield the right of way?
A driver’s reflex may be good, but not the vehicle. Over-speeding, like reckless driving, is vulnerable to car accidents. Skillful Brighton car accident attorneys will get you off the mess.
Influence of Alcohol or Drugs
When a driver is under the influence of alcohol or drugs, he loses the ability to focus and make sound judgments. Drunk drivers are dangerous on the road because of reckless driving.
Alcohol-related car accident fatalities increased by 10% from 2020 to 2021, whereas drug-related fatalities increased by 3%.
Fall asleep at the wheel
Some drivers fall asleep behind the wheel due to fatigue from long-distance driving. It puts the driver and other innocent drivers in a dangerous spot. A solution would be to pull over and take a quick nap before resuming the journey.
According to statistics, sleeping behind the wheel accounts for 100,000 car accidents in the US annually.
Bad weather
Extreme weather like snow, ice, or fog makes it difficult for a driver to take control of his car. A car accident occurs when vision is hazy. While it is impossible to control the weather, it is prudent to take extra precautions by pulling over and waiting for the weather condition to improve before resuming your journey on the road.
Who Is Liable In a Car Accident In Brighton, MI?
The driver at fault is liable for a car accident in Brighton, MI. But the situation is sometimes tricky. So you need an expert Brighton car accident lawyer to prove the other driver is at fault.
What Should I Do Following a Car Accident In Brighton?
Your presence of mind is crucial in the aftermath of a car accident in Brighton.
Here is a list of what to do immediately after a car accident:
Check injuries and move to safety.
Check whether you and your companions suffered injuries. Get off the road and move to the sidewalk to avoid an accident with passing motorists.
Call 9-11, the police, and a Brighton car accident attorney.
Ask for help from a mobile clinic. Call the police to secure a police report. Do not forget to call a Brighton car crash attorney before filing an insurance claim.
Document the scene.
Take pictures and videos of the accident scene, including vehicle damage and bodily injuries.
Exchange information.
Ask for the contact number, address, and personal information.
File an insurance claim!
Ask your attorney to file an insurance claim in your best interest.
How Much Is The Average Settlement In Car Accident Claims?
The settlement depends on the extent of damages, insurance coverage, and who is at fault. Computation of the settlement amount considers the following factors:
Lost Income
Medical Expenses
Pain and Suffering
Emotional Trauma
Property Damage
According to the Insurance Information Institute, the average claim for car accident bodily injuries was $20,235 in 2020. The average property damage claim was $4,711 in the same year. A survey of car accident claims between the years 2015 to 2020 reported $23,900 as the average settlement, while most claimants received less than $10,000.00.
Why Do I Need a Brighton Car Accident Lawyer?
The pain and suffering brought on by a car accident are too much to bear. Why not focus on full recovery and leave all legal hurdles to an experienced Brighton car accident lawyer?
Here are five reasons you need to hire a Brighton car accident lawyer:
Prove the liability of the other party
The biggest challenge is to prove, beyond a reasonable doubt, the other driver is at fault. An expert Brighton accident lawyer knows the legal process like the back of his hand. He will prove the other driver did not exercise due diligence, which caused the accident victim bodily injuries and untold suffering.
The whole compensation package anchors on the burden of proof.
Knowledgeable about losses
The level of damage to life and property varies with each car accident. In extreme cases, loss of life and limbs has an enormous price tag. A Brighton car accident lawyer will compute for all losses.
Professional negotiations
A professional Brighton car accident lawyer knows how to negotiate well with insurance companies.
Representation by a legal counsel with in-depth knowledge of insurance laws helps you recover what you deserve.
Proper guidance
Brighton car accident lawyers will guide you toward the best resolution to your case. Their legal expertise saves you the trouble of dealing with all challenges yourself.
File a case
A personal injury attorney will file a case if negotiations for a settlement with the auto insurance company are dead-lock. A law firm representation in court gives you a fighting chance of getting what you lawfully deserve.
Proving Fault For a Car Accident In Brighton, MI
Brighton, Michigan, is a no-fault state. The state requires a no-fault insurance policy for all drivers. It makes victims eligible for financial support from their auto insurance companies to cover medical expenses and damages-regardless of who is at fault.
But if the accident victim suffered severe injuries, he would want to file civil claims to secure compensation for all losses. Thus, gathering substantial evidence to prove liability is crucial.
A well-versed attorney will prove the negligence of the other party:
He will show that the other driver has a legal duty of care for the claimant.
He will prove that the other driver was negligent. For example, the other driver texted or went beyond the speed limit.
He will prove beyond reasonable doubt that the negligent act caused the car crash.
He will establish that the car accident caused the injuries.
How To File Your Auto Insurance Claim In Brighton, MI
You can claim insurance benefits from your no-fault insurance policy. Hire Brighton car accident lawyers to help you:
Secure a police report.
A police report is crucial in insurance claims. It contains relevant information like the date and time of the accident, eyewitness statements, pictures and diagrams of the incident, vehicle damage, and bodily injuries.
Save all pictures and videos!
Take close-up pictures of the damaged vehicle and the overall accident scene. These will help your accident lawyer prove liability in court.
Request for medical records.
Get ready with medical records like emergency room records, diagnostic test results, medical reports from healthcare providers, and medical expenses.
Gather proof of salary.
Gather proof of income, such as tax returns, paycheck stubs, and a letter from your employer stating your daily wage. These support your claim for loss of income.
Get vehicle damage cost.
Get copies of car repair receipts from your mechanic. Your Brighton car accident attorney will estimate the pre-accident value of your car and the cost of repairs.
How To File a Brighton Car Accident Lawsuit
A Brighton car accident lawsuit is the last remedy if settlement negotiations with the insurer of the other party bog down. Your Brighton car accident attorney will take the following steps:
Complete the comprehensive investigation process after thorough documentation of pieces of evidence and other relevant details.
File a claim with the auto insurance company of the at-fault driver.
Negotiate with the insurance company to get the best settlement offer.
If the insurance bid is unsatisfactory, your car accident attorney will advise you to file a civil lawsuit.
Is The Rear Driver Always Liable For a Rear-End Collision?
The rear driver is liable for car accident injuries in a rear-end collision, except if:
The negligent act of the lead driver caused the crash, like when the lead driver abruptly stepped on the brakes for no apparent reason.
The lead driver shares contributory and comparative negligence with the rear driver.
How Long Does It Take To Get Auto Insurance Compensation?
Assuming you have submitted all pertinent documents like medical records, expensive medical bills, replacement services, and wage loss, your auto insurance company must pay all necessary expenses within thirty days of receipt of your claim.
How Long Do You Have To Settle a Car Accident Claim In Brighton, MI?
Time is of the essence. The Michigan statute of limitations for injury claims is three years. Thus, you have three years to file for a car accident claim in Brighton, MI.
Call Experienced Brighton Car Accident Lawyers For a Free Case Review.
Have you or your loved one been on recent car accident? The Clark Law Office is a leading Michigan car accident law firm dedicated to representing the best interest of the victims and not the insurance companies. Our expertise in handling personal injury cases helped our clients get the fair settlement they deserve.
Call us at (517) 347-6900 or email info@theclarklawoffice.com for a free case review. We offer legal help on a contingency fee. You do not have to pay unless you win your case.
