How to Prove Negligence After a Lansing Car Accident

When you’re involved in a car accident in Lansing, proving that the other driver is at fault is essential to recovering compensation for your pain and suffering. Michigan follows what is called a modified comparative negligence rule, which means you can seek damages as long as you are less than 51% at fault. Find out the legal steps to take after a Lansing car accident to ensure you protect your rights and maximize your potential settlement. Demonstrating the other party’s negligence is key to securing fair compensation. Building a solid case with clear evidence of the other driver’s fault can significantly increase the likelihood of receiving the maximum compensation, which is always the end goal. For dedicated legal help, contact The Clark Law Office today.

What Is Negligence in a Lansing Car Accident?

Negligence occurs when a driver fails to act with reasonable care, leading to harm. Common examples include speeding on I-496, distracted driving near Michigan State University, or failing to yield on Grand River Avenue. To prove negligence, four elements must be established:

Collecting Evidence to Prove Negligence

Gathering evidence is crucial in building a strong case and ultimately having a successful result for your car accident claim. In Lansing, evidence may include:

Local Resources That Can Help Your Case

Lansing offers several resources that can assist in gathering evidence and pursuing compensation:

• Ingham County 30th Circuit Court: Located at 313 W. Kalamazoo St., this court handles personal injury cases.
• Lansing Police Department: Request an official crash report online or in person at 120 W. Michigan Ave.
• Michigan Secretary of State Office: Obtain driving records to verify the at-fault driver’s history.

Michigan’s No-Fault Insurance Law and It’s Impact

As you are probably already aware, Michigan utilized no-fault insurance which is different than most of the country.  Michigan’s no-fault insurance system requires drivers to file claims with their own insurance provider first to cover medical bills, wage loss, attendant care, and medical mileage. However, if your injuries meet the threshold of a “serious impairment of body function,” you can file a lawsuit against the at-fault driver which is called a third party claim. Proving negligence is critical to securing compensation for pain and suffering, which isn’t covered by no-fault insurance.

It’s important to note that Michigan’s no-fault insurance system does not apply in all situations. For example, if you involved in a motorcycle accident in Lansing, no-fault coverage may not apply unless a motor vehicle was involved or you purchased additional insurance coverage.

Common Defenses Used by At-Fault Drivers

The at-fault driver’s insurance company may try to minimize their liability by claiming:

How a Local Lansing Car Accident Lawyer Can Help

Hiring a local attorney with experience in Lansing car accident cases can significantly improve your chances of success.  Don’t be tricked by large nationwide or statewide firms that pretend they are located in Lansing.  They have a great marketing team, but in reality they are not local.  A local lawyer understands the nuances of Michigan law and is familiar with local courts, judges, and insurance companies. They can gather evidence, negotiate with insurers, and present a compelling case on your behalf.

At The Clark Law Office, we have over 30 years of experience representing Lansing residents in car accident cases. Matthew R. Clark was born and raised in Lansing.  He is entrenched in the Lansing community and cares about it’s residents.  Our deep understanding of local laws and our track record of successful case results make us a trusted choice for accident victims.

Frequently Asked Questions

1. How long do I have to file a car accident lawsuit in Lansing?
In Michigan, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the accident. However, certain circumstances may affect this deadline, so it’s essential to consult with an attorney as soon as possible.

2. Can I still recover damages if I was partially at fault for the accident?
Yes. Under Michigan’s modified comparative negligence rule, you can recover damages as long as you are less than 51% at fault. However, your compensation will be reduced by your percentage of fault.

3. What should I do immediately after a car accident in Lansing?
Ensure everyone’s safety, call 911, seek medical attention, gather evidence, exchange information with other drivers, and report the accident to the police. It’s also advisable to contact a car accident lawyer for guidance.

4. How can a car accident lawyer help with my case?
A lawyer can investigate the accident, gather evidence, handle negotiations with insurance companies, and represent you in court if necessary. Their expertise can significantly increase your chances of securing fair compensation.

5. How much does it cost to hire a Lansing car accident lawyer?
Most personal injury lawyers in Lansing including our attorneys at The Clark Law Office, work on a contingency fee basis. This means you don’t pay any legal fees unless you win your case.  Schedule a free consultation today.