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.
If you have been hurt in a rear-end collision in Michigan, you ordinarily have two potential claims; 1) A no fault claim for personal injury protection benefits that covers your medical bills, wage loss, etc. and 2) A negligence claim against the at fault driver for compensation for the injuries you suffered in the crash. Negligence is a failure to exercise reasonable care behind the wheel and in a rear-end accident in Michigan, the driver that struck the rear of your car is presumed to be negligent. In order to succeed on an automobile negligence claim, the plaintiff must establish the following elements: i) the defendant owed the plaintiff a duty to drive using reasonable care; ii) the defendant breached this duty; iii) the defendant’s breach was a proximate cause of the rear-end collision; and iv) the plaintiff suffered a serious impairment of a body function. Under Michigan law, each element of negligence must be established before the plaintiff can recover any damages.
Just like all other states, Michigan imposes a time limit in which a personal injury claim must be filed, known as the statute of limitations. A No-Fault claim must be made within one year of the accident unless written notice of injury has been given to the no fault insurer or the insurer made a payment within one year of the accident and then, a claimant can only recover benefits incurred one-year back from the filing of the complaint. For a negligence claim, a plaintiff has three years from the date of the accident to file a civil claim in court. A failure to file within these time frames could mean losing your legal right to be heard by a court altogether. Thus, it is important to work with an attorney who understands this area of the law and will be vigilant about deadlines in your case.
At Davis Law Center, our Michigan auto accident attorneys can aggressively fight for your rights and help you seek the compensation you deserve. With years of experience, we have the skill and dedication to handle your claim. While we aim to settle every matter as efficiently as possible, we are not afraid to go to trial if necessary. You should be assured that we are here to answer your questions and address your concerns. For more information, call us at 248-865-7740 or contact us online.