Michigan Car Accident Laws: Your Questions Answered

WHAT IS REQUIRED TO RECEIVE COMPENSATION UNDER MICHIGAN CAR ACCIDENT LAW?

In Michigan, as in most states, the victim, also known as the plaintiff, has to establish the following elements in order to recover damages:

• Duty of care: All drivers have an obligation to drive safely and obey state and local traffic laws. This is an accepted fact that plaintiffs are typically not required to prove.
• Breach of duty of care: You are required to prove that the other driver breached the above duty, which can be challenging. To win a lawsuit, a victim must provide evidence that the other driver was at fault. This evidence can take several forms, including witness testimony and forensic data. In addition, a plaintiff’s case is strengthened if the other driver was ticketed for violating a traffic law such as failing to stop at a red light.  
• Causation: In addition to proving a driver violated the duty to drive safely, the victim must establish the defendant’s behavior directly caused their injuries. You may have to provide medical records to show your injuries were not pre-existing.
• Damages: Even if the first three elements can be proven, a plaintiff must suffer damages in order to win in a car accident lawsuit. Minor scrapes and bruises are not enough, unless the victim also experienced serious psychological harm as a result of the accident.

CAN YOU SUE FOR A CAR ACCIDENT IN MICHIGAN?

If a car accident results in serious injury or death, the victim(s) or survivors may have grounds for a lawsuit. Because there are many variables, it is wise to consult a knowledgeable car accident lawyer as soon as possible after a crash.

When evaluating your case, the first thing a lawyer will consider is who was at fault for the accident. This is crucial because, under Michigan’s No-fault laws, filing a lawsuit against the at-fault driver is the only way to receive compensation for pain and suffering damages and out-of-pocket costs not covered by your PIP benefits.

Other factors a lawyer may use when evaluating a claim include the severity and extent of your injuries, the amount of medical coverage you have and the liability coverage limits of the at-fault driver.

WHAT HAPPENS IF I LEAVE THE SCENE OF AN ACCIDENT BEFORE POLICE ARRIVE IN MICHIGAN?

It is actually a criminal offense to leave the scene of an accident in Michigan. A driver who leaves the scene of an accident where property was damaged but no injuries occurred may be charged with a misdemeanor punishable by up to 90 days in jail, a maximum fine of $100, or both.

Furthermore, leaving the scene of a crash where one or more persons is injured is a misdemeanor that may result in up to one year in jail and a maximum $1,000 fine. Finally, a driver who leaves a crash site where someone was seriously hurt or killed may be charged with a felony punishable by up to five years imprisonment, a maximum fine of $5,000, or both.

Under no circumstances should you leave the area before a police officer is on the scene unless first responders decide you should go to the hospital immediately. In addition, a driver whose life or safety is threatened is permitted to leave the scene and call police from a safe location.

IS MICHIGAN STILL A NO-FAULT STATE?

Yes. Michigan law still requires all vehicle owners to carry No-Fault insurance for each car or truck. Under this system, drivers who are injured in an accident seek reimbursement for their medical bills and related expenses from their own insurance company, regardless of who was at fault.

Since July 1, 2020, Michigan drivers can choose from several levels of Personal Injury Protection (PIP) medical coverage ranging from unlimited to $500,000 to $50,000 depending on the situation. Additionally, the new law allows qualifying individuals to opt out of PIP medical coverage entirely.

Individuals who opt out or select one of the limited PIP medical coverage options could face devastating medical bills in the event of a catastrophic injury unless they file suit against the at-fault driver. 

CAN I RECEIVE COMPENSATION IF THE CAR ACCIDENT WAS PARTLY MY FAULT IN MICHIGAN?

Because Michigan is a “modified comparative negligence” state, the amount of non-economic compensation you receive is affected by the degree to which you were at fault. To claim non-economic damages such as pain and suffering, you must be less than 50% at fault for an accident.

For example, suppose a jury awards damages of $100,000. If you are found to be 30% at fault, your settlement would be reduced to $70,000

Finally, it is important to note that fault is only a factor when it comes to receiving non-economic and excess economic damages. Drivers are eligible for Personal Injury Protection (PIP) benefits according to the terms of their No-Fault policy, regardless of who is at fault for the accident.

DO I NEED A LAWYER FOR MY CAR ACCIDENT CASE IN MICHIGAN?

If you are injured in a car accident, you are more likely to win your case with an experienced accident attorney on your side. In addition to filing the necessary forms and other paperwork in accordance with the strict deadlines required by Michigan law, a lawyer can help you claim the benefits provided by your No-Fault policy.

Car accident lawyers know how to gather the extensive amount of evidence needed to best support your legal claim. This typically includes medical records, accident-related expenses, police reports, witness statements, information from your employer regarding lost wages and expert witness testimony.

Also, a lawyer has the skills and experience to negotiate with the other party’s insurance company on your behalf and represent you in court if your case proceeds to trial.

PUT OUR EXPERIENCED CAR ACCIDENT LAWYERS TO WORK FOR YOU TODAY

If you or a loved one is injured in a car accident, we can help. Our knowledgeable legal team knows what it takes to win your case, and we have the expertise and resources to win the compensation you deserve.

Car accident law is complicated, but finding the right Michigan car accident lawyer is simple.

Get your case started today by clicking the button below to fill out a brief form or contacting us for a free, no-obligation remote consultation from the safety of your home.