Hundreds of Million-Dollar Verdicts & Settlements
If you’ve been involved in a distracted driving accident, the Michigan distracted driving accident lawyers at Fieger Law can help protect your rights and pursue compensation for your injuries.
What Is Distracted Driving?
Distracted driving occurs when any activity takes a driver’s attention away from what should be their one and only focus: the road. These distractions are commonly grouped into three types:
- Visual Distractions: Activities that cause the driver to take their eyes off the road, like checking a phone or adjusting the GPS
- Manual Distractions: When the driver’s hands are not on the wheel, such as when eating or using in-car systems
- Cognitive Distractions: Mental distractions like deep conversations or daydreaming that can divert focus from driving
Common Causes of Distracted Driving
The most common causes of distracted driving include:
- Texting
- Talking on the phone
- Adjusting in-car entertainment systems
- Eating
- Talking with passengers
These behaviors significantly reduce the driver’s ability to react to road conditions, putting both the driver and others at risk.
Michigan Laws on Distracted Driving
Michigan has strengthened its distracted driving laws in recent years to address the rising number of crashes caused by texting and handheld phone use. As of 2023, Michigan’s Hands-Free Driving Law makes it illegal to:
- Hold or physically support a phone while driving
- Text, scroll, or manually interact with a device
- Watch or record videos
- Use the internet while the vehicle is in motion
Drivers may only use hands-free technology such as Bluetooth, voice commands, or dashboard mounts. Violations can result in fines, license points, and significant civil liability in the case of a crash.
In addition to distracted driving rules, Michigan’s No-Fault insurance system governs how medical bills, wage loss, and property damage are handled after a collision. Under No-Fault, injured drivers can typically file a claim with their own insurer for medical and wage-loss benefits.
However, victims may step outside the No-Fault system and pursue a lawsuit against the at-fault driver if the injuries meet Michigan’s legal definition of a “serious impairment of body function.”
How to Avoid an Accident Caused by a Distracted Driver
While you can’t control how other drivers act, you can take steps to reduce your risk of being struck by a distracted driver.
Stay Visible and Predictable
Use turn signals early, avoid sudden lane changes, and maintain a steady speed to give inattentive drivers more time to react.
Create Space Around Other Vehicles
Keep a buffer zone between your car and motorists showing signs of distraction, like drifting between lanes, inconsistent speed, or visible phone use.
Avoid Lingering in Blind Spots
Distracted drivers tend to check mirrors less frequently. Passing quickly and safely can help prevent side-swipe crashes.
Be Cautious at Intersections
Many Detroit intersections, including Woodward Avenue and Warren, Jefferson Avenue and Chene, and Gratiot Avenue near Eastern Market, are high-risk areas for collisions. Always check both directions, even with a green light.
Be Extra Cautious in Heavy-Traffic Corridors
Detroit’s most congested routes, I-75 near Midtown, the Lodge (M-10), the Davison, East Jefferson, and the Southfield Freeway, have higher rates of distraction-related crashes.
Watch for Drivers Stopped at Green Lights
This is a common sign of phone use, and these drivers may suddenly accelerate without looking.
Taking these steps cannot eliminate danger entirely, but they can reduce the likelihood of a collision with a distracted or inattentive driver.
Local Health and Support Resources for Detroit Crash Victims
After a distracted driving crash, victims often need medical treatment, follow-up care, and assistance navigating insurance issues. Detroit residents frequently rely on the following services:
Emergency Care and Rehabilitation
Insurance and Reporting
- Detroit Police Department Crash Reports
- Michigan State Police Traffic Crash Purchasing System
- Michigan No-Fault Information
Having immediate access to crash reports and medical records can strengthen personal injury claims and help victims receive fair compensation.
Legal Action After a Distracted Driving Accident
If you’ve been involved in a distracted driving accident, contacting a lawyer to take legal action can help you recover compensation for the damages you’ve experienced. Below are some important steps and considerations for your case.
Proving Negligence in a Distracted Driving Case
Establishing that the other driver was negligent is key to a successful claim. To do so, some of the following forms of evidence can be used to prove the driver was driving distracted:
- Phone Records: These can sometimes show whether the driver was texting or using their phone at the time of the accident.
- Witness Testimony: Passengers or bystanders may have seen the driver engaged in distracting behavior.
- Traffic Cameras: Footage may capture the moment of distraction, like using a phone or eating while driving.
- Police Reports: Official reports often document whether distraction was a factor in the accident.
Compensation Available for Victims
Victims of distracted driving accidents may seek compensation for a many damages. These damages may cover both economic and non-economic losses. Those include:
- Medical Expenses: Compensation for hospital visits, surgeries, therapy, and ongoing treatment
- Lost Wages: Covers income lost due to time off work during recovery
- Property Damage: Reimbursement for vehicle repairs or replacement
- Pain and Suffering: Financial compensation for physical pain and emotional distress caused by the accident
Steps to Take When Filing a Claim
Following a distracted driving accident, act quickly to protect your rights and build a strong case. Here are the key steps:
- Seek Medical Attention: Call for help, even for minor injuries, to establish a medical record.
- Report the Accident: File a police report as soon as possible to document the incident.
- Collect Evidence: Take photos of the scene, vehicle damage, and any visible injuries.
- Consult a Lawyer: Speak with an experienced distracted driving attorney to ensure your rights are protected and to help you through the claims process.
Understanding the Statute of Limitations in Michigan
Michigan law imposes strict deadlines for filing car accident lawsuits. For distracted driving cases involving injury:
- Victims generally have three years from the date of the crash to file a personal injury lawsuit.
- For wrongful death cases, families have three years from the date of death.
- Claims involving government vehicles or agencies may have special shorter notice requirements, sometimes as short as 120 days.
Michigan’s No-Fault claims have even tighter timing rules. Victims must typically seek medical treatment within one year of the accident and submit medical bills to their insurer within one year of service. Missing these deadlines can permanently limit your ability to recover compensation.
These timelines can be complex when multiple policies, hit-and-run drivers, or uninsured motorists are involved. That’s why many victims contact an attorney early to preserve their rights.
Why Choose Fieger Law?
Distracted driving cases are often more complex than they appear. Drivers rarely admit they were texting or using their phones, and insurers work quickly to minimize payout. Fieger Law has the resources and determination to uncover the truth and fight for full compensation.
We Investigate Thoroughly
Our team obtains phone records, black-box data, dashcam videos, witness statements, and traffic-cam footage to prove the other driver was distracted.
We Understand Michigan Law
Car accident claims in Michigan involve multiple layers of insurance: No-Fault law, optional coverage choices, coordination of health insurance, uninsured/underinsured motorist policies, and claims for non-economic damages. Our attorneys work through every detail so that no benefit is overlooked.
We Pursue Maximum Compensation
We pursue recovery for:
- Medical bills
- Rehabilitation and therapy
- Lost income and reduced earning ability
- Pain and suffering
- Loss of enjoyment of life
- Long-term disability
- Wrongful death damages, when applicable
We Aren’t Afraid of Complex Cases
Proving distraction often requires digital forensics, subpoenaed phone logs, expert testimony, and reconstruction of the crash. We have the experience, network, and courtroom strength needed to build a compelling case.
We Stand Up for Detroit Drivers
From Corktown to Midtown, East English Village, Northwest Detroit, and the Grosse Pointe border, distracted driving continues to impact families throughout the metro area. Fieger Law is committed to fighting for justice and accountability.
Contact Our Michigan Distracted Driving Accident Lawyers Today
If you’ve been injured in a distracted driving accident, contact Fieger Law’s experienced Michigan distracted driving accident lawyers today for a free consultation. We are ready to protect your rights and fight for the compensation you deserve.