Articles Posted in Auto Accidents

Published on:

By

The neck is one of the most crucial and vulnerable parts of your body. When a person suffers a neck injury in an auto accident, the results can be catastrophic. If you or someone you love sustained a neck injury in an accident caused by someone else’s negligence, you may be able to recover compensation through a personal injury claim. At Davis Law Center, our seasoned Michigan auto accident attorneys can examine the facts of your case and determine the viability of your claim.

The neck can be easily jarred and injured during a motor vehicle crash. In the United States, motor vehicle accidents account for approximately 37 percent of neck injuries. Approximately 50 percent of vertebral fractures are to the cervical spine. Neck injuries can take a variety of forms, including mild to severe whiplash, disc herniation, spinal cord injury, vertebral fracture, vertebral dislocation, pinched nerves, compression fracture, and complete severance of the spinal cord. It is important to note that neck injuries are not always immediately apparent.

Neck injuries from auto accidents can be life-changing because they may require extensive treatment costs. Over time, neck injuries can cause ongoing issues with chronic pain and mobility, sometimes inhibiting your ability to have a normal life. This is why Michigan law allows victims of auto accidents to recover a variety of damages, such as medical expenses, rehabilitation costs, pain and suffering, property damage, and any other losses arising from the accident.

Continue reading

Published on:

By

Pedestrians struck by vehicles on crosswalks can suffer serious injuries and even death. Unfortunately, it is not that uncommon for crosswalk accidents to occur in Michigan and throughout other states. If you or someone close to you has been injured in a crosswalk accident, do not delay in reaching out to a skilled Michigan pedestrian accident attorney. At Davis Law Center, our skilled injury attorneys can help you recover the compensation you deserve for your harm. You can rest assured that we will thoroughly examine the facts of your case and come up with a legal strategy accordingly.

MCL 257.10(b) defines a crosswalk as any designated area for a pedestrian crossing. This broad definition is likely intended to cover a wide range of situations. As a result, drivers must be vigilant behind the wheel in order not to injure or kill pedestrians while driving.

Under MCL 257.612, vehicular traffic shall yield the right-of-way to pedestrians and bicyclists who are lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. Michigan case law also supports the rights of individuals walking through a crosswalk safely. In Guina v. Harrod, the court held that motorists are required to anticipate the presence of pedestrians at street crossings, and, in the event they cannot see if the crossing is clear, they must drive in a manner that is consistent with how a reasonably prudent person would drive. In other words, motorists should anticipate crosswalks and proceed with caution around them because they should be aware that pedestrians may be in the area, and it may not be easy to see a pedestrian from a distance.

Continue reading

Published on:

By

Texting and driving is a major problem in Michigan and across the United States. These accidents often lead to severe injuries and, in some cases, even death. If you or someone close to you has been injured in an accident caused by someone who was texting and driving behind the wheel, we can help. At Davis Law Center, our skilled Michigan injury lawyers can scrutinize the circumstances of your case and help you pursue the full and fair compensation you deserve.

Texting and driving is an issue that should not be taken lightly. When a driver is not focused on the road, the consequences can be devastating. Studies have shown that a driver who is texting and driving has slower reflexes and reaction times, similar to a drunk driver. In fact, studies have shown that sending a text message forces you to take your eyes off the road for approximately five seconds.  If you do this at fifty-five miles per hour, its like driving the entire length of a football field with your eyes closed.  The National Highway Traffic Safety Administration reports that 3,477 people were killed and 391,000 people were injured in the United States in 2015 alone because of texting and driving. In fact, one out of every four car accidents in the U.S. is caused by texting and driving. By some estimates, text messaging is six times more likely to get you in a crash than drunk driving.

In Michigan, the problem is just as bad. According to the Michigan Office of Highway Safety Planning, 41 percent of Michigan young adult drivers engage in texting and emailing while driving. While Michigan law prohibits drivers from reading, manually typing, or sending a text message while driving, more than 26 percent indicated they engaged in texting or emailing behind the wheel daily.

Continue reading

By
Posted in:
Published on:
Updated:
Published on:

By

In Michigan, as in any other state, all drivers have a duty to obey traffic laws and drive carefully to minimize the risk of accidents on the road. Unfortunately, drivers do not always adhere to this duty and end up causing accidents that result in serious injuries or even deaths. If your loved one was killed in a car accident due to someone else, you may be able to take legal action against the at-fault party. At Davis Law Center, our experienced car accident and wrongful death attorneys understand how to navigate these complicated and high-stakes claims.

In a recent study, the National Safety Council reported that motor vehicle accident deaths increased by six percent in 2016 as compared to 2015. Specifically, auto accident fatalities topped 40,000 for the first time since 2007. These numbers were similar to the National Highway Traffic Safety Administration’s findings, which stated an eight percent increase in fatal crashes in the first nine months of 2016 compared to the prior year. According to the Insurance Institute for Highway Safety, there were 893 fatal crashes in Michigan in 2015, resulting in 963 deaths.

Continue reading

Published on:

By

Rear-end collisions are some of the most common types of car accidents that take place in Michigan and throughout the United States. If you or a loved one has been in a rear-end collision, you may be entitled to compensation for your harm. At Davis Law Center, our seasoned rear-end accident attorneys can discuss your case with you and provide you with an honest assessment of your claim.

A rear-end accident occurs when one vehicle strikes the back of another vehicle. According to the National Highway Traffic Safety Administration (NHTSA), there are about 1.7 million rear-end collisions on U.S. roadways each year. The NHTSA found that 87 percent of rear-end collisions took place because a driver simply was not paying attention to the road. Cell phones and other non-driving-related gadgets in cars contributed to that distraction. Other common causes of rear-end accidents include speeding, tailgating, unsafe lane changes, failing to obey traffic laws, poor weather conditions, and driving under the influence of alcohol or drugs.

Continue reading

By
Posted in:
Published on:
Updated:
Published on:

By

Michigan injury victims beware and be smart.  Insurance companies act like your best friend in their funny little ads on TV but treat you like a criminal as soon as you make a claim and investigate your background more thoroughly than if you had actually committed a crime.

After an accident occurs or a claim is made, you can bet the insurance company will begin an aggressive investigation that includes researching vast databases where they have access to your criminal history, claim history, employment history, vehicle ownership history as well as the names of acquaintances, friends and fellow employees.  More importantly, the insurance companies will hire a private investigator to follow you and take videos and pictures of all your activities.  They will also exhaustively investigate your social media accounts and download all your public posts and pictures.  They will then attempt to use this information to later persuade a judge to dismiss your case if anything you say or do seems to contradict the videos they have of you or the things you post on social media.   Make no mistake, no matter how seriously you are injured, most insurance companies would rather pay a private investigator and their lawyers bundles of money than compensate you in any degree for the injuries you sustained.

In many recent Michigan injury cases, surveillance and a thorough review of your social media accounts occurs almost immediately after you make a claim.   We recently had a case where a client was run over by a car and by the time our client was released from the hospital, the insurance company had already interviewed all the client’s neighbors, the investigating police officer and our client’s employer in an attempt to somehow discredit the fact that their insured was negligent and ran him over.  The insurance company then conducted surveillance on him 24 hours per day which continues to this day

Published on:

By

One of the tricks the insurance company tries to play with an injured person is to convince the person that the insurance company isn’t liable. They try to convince the injured person that they were actually at fault for injuries and they won’t get anything from a jury. The may try to use this argument to bully the injured person into accepting a low-ball settlement offer, telling the person to “take it or leave it.” Ultimately, the jury has the final say in who is at fault and just how much the other party should get (if anything). A personal injury lawyer can fight to get you the money you need and work to convince a jury that the other party was negligent.

This right to a jury trial is actually included in the Bill of Rights. This is how important our Founding Fathers saw this right. Were it not for the right to a trial by jury, injured parties and those of limited means would get steamrolled by the rich and by big corporations. The civil justice system provides an equal playing field for all parties involved, allowing a jury of our peers to ultimately decide the merits of a particular case.

If the insurance company has denied responsibilities for your injuries or is trying to bully you into accepting a low settlement, a personal injury lawyer can fight to get you the money you deserve. Before allowing yourself to be bullied after your car crash, slip and fall, or other negligent injury, work with an attorney who will fight for the money you deserve.

Published on:

By

When a person is struck by a motorist without insurance, it can cause serious problems for the injured party. The injured person can sue the at-fault driver and, if a judgment is rendered against them their license is suspended until they pay. Unfortunately, people who flout the law by driving without insurance might have no issue driving with a suspended license, leaving the injured party the bear the full cost of their injuries.

In order to prevent this from happening, Michigan drivers should consider adding Uninsured Motorist Coverage (UM) to their auto insurance. This is generally an inexpensive addition to a policy but provides significant assistance to the injured person. With UM coverage, the insured party will have coverage up to their own limits when they are injured by an uninsured driver. They can then submit a first party claim to their insurance company to cover their damages.

Another addition that people may also want to consider is Underinsured Motorist Coverage (UIM). With this coverage, if they at-fault party’s insurance coverage is insufficient to cover damages, the injured person can submit a first party claim under their UIM coverage. Again, this is generally low cost coverage that can be extremely valuable after an accident. If you do not currently carry these two types of coverage, it may be a good idea to speak to insurance agent about adding them.

Published on:

By

When someone is injured in an accident, they understandably want some assurances that they will definitely get the money they need. Unfortunately, no personal injury attorney can ever guarantee success in a case. This is frustrating for an injured person, but it is the only honest, ethical answer a lawyer can give. What the law firm can do, however, is make sure that they do everything possible to achieve a positive outcome for a particular client.

This means that an attorney will conduct a proper investigation of a particular accident and a thorough analysis of a person’s injuries. When investigating an accident, the attorney might have a private investigator get witness statements, take pictures of where the injury occurred, and reconstruct a particular accident to prove the injury was their fault. This is essential in getting the money you need – in order to recover compensation, you will have to prove that the other party was at least 51% responsible for your injuries.

Evaluating injuries is also vitally important because it is the only way to ensure that a person gets full compensation for their injuries. Since a personal injury settlement or verdict will need to cover a person for the rest of their life, it is important to ensure that future medical is accounted for. For example, if back surgery will be needed to repair a herniated disc, then they money for that surgery needs to be included in this settlement.

By
Posted in: , and
Published on:
Updated:
Published on:

By

When a loved one suffers an untimely death, the last thing on a family’s mind is money. They are stricken with grief, forced to adjust to a new life without the love and companionship of their loved one. This loss often leaves a void, especially when the death is due to the negligence of another. While money can never replace this person, it can help a family find closure during this difficult time. A Detroit wrongful death lawyer can review your case and explain how they can help. Together, you and your attorney can work through this difficult time.

An example of a common wrongful death is a death caused by a car accident. In many cases, there aren’t criminal charges to hold the party responsible. For instance, if someone just didn’t notice the motorcycle coming, pulled out in front of them, and killed them. This death is extremely tragic, but there’s nothing inherently illegal about this accident.

The only way to hold the responsible party accountable is through the civil court system. There, a jury can assign fault and give a monetary award to help the family with the loss they have suffered. While the money is certainly helpful, perhaps more important is just hearing the jury assign fault. When a jury of your peers helps to hold someone accountable, it can help provide closure to the family. Eventually, they can move on from this tragic loss.

By
Posted in: and
Published on:
Updated:

American Association for Justice Michigan Association for Justice The National Trial Lawyers Million Dollar Advocates Forum State Bar of Michigan