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Auto Accident Attorneys Accomplish Big for Man Involved in a Serious Car Accident
Jeff was in a serious auto accident. He knew he needed help. He felt instantly that he landed in the right place.
Giroux Pappas Trial Attorneys Go to Trial for Victim Involved in Auto Accident
Bob Giroux successfully fought the insurance company and received a much larger settlement amount after taking the case to trial.
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Auto accident causing fracture of tibia
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You drive daily, whether it’s to work, doctor’s appointments, or the grocery store. Because driving is such a normal part of our lives, we don’t stop to consider how dangerous the activity is. According to the latest statistics from the Michigan State Police, there were over 280,000 car crashes, with over 1,000 resulting in fatalities and many more resulting in injuries. Some of the most common injuries that can happen after an auto accident include strains, compound fractures, head, neck, or shoulder injuries, traumatic brain injuries, and spinal cord injuries.
If another driver’s negligence resulted in an accident and your injuries—it’s essential that you speak to an experienced auto accident attorney, even if your injuries don’t seem that significant. Our team at Giroux Pappas Trial Attorneys can help you recover the compensation you deserve for medical expenses, lost wages, and more.
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Crash Statistics in Michigan
Fortunately, Michigan saw a minor decrease (-2%) in traffic crashes between 2022 and 2023. However, there was also a 6% increase in fatal crashes involving distracted driving and a 20% increase in teen fatalities.
Of the total number of wrecks, 1,021 were fatal, with 1,095 total fatalities. Additionally, there were 51,097 total injury crashes, with 71,085 injuries in the same period. According to the Michigan State Police, there were more fatalities on weekends than on weekdays, and 30,933 of the total crashes happened in November.
The counties in Michigan with the most auto accidents include:
- Wayne County: 51,507
- Oakland County: 35,386
- Macomb County: 22,405
- Kent County: 18,767
- Genesee County: 10,059
- Washtenaw County: 10,037
Many of the accidents happened on the M Route (60,028). However, the majority of accidents happened on roads, city streets, and intersections (163,702), including 11 mile road/I 696 at Van Dyke Ave. (218 crashes), Martin Parkway at North Pontiac Trail (160), and Schoolcraft Road at Telegraph Road (154 crashes).
The top three traffic crashes by type were: 1) single motor vehicle (104,722), rear end (63,291), and sideswipe-same (38,200), with single motor vehicle crashes causing the most fatalities (476).
The top-reported known hazardous actions include inability to stop (57,513) and failure to yield (46,434). There was a 5% decrease in alcohol-involved crashes, a 2% increase in drug-involved crashes, and a less than 1% increase in distracted driving-involved crashes.
What to Do After a Car Accident
After a car accident, you need to immediately get off to the side of the road and assess yourself and others for injuries.
Next, call 911.
While you wait for help to arrive, do the following:
- Exchange information with the other driver.
- Identify witnesses and gather their names and contact information.
- Take pictures of your injuries, vehicle damages, and the accident scene.
- When the police arrive, give your statement, and request a written report.
Once you get home, schedule a medical assessment immediately. Even if you do not have visible injuries, you may develop delayed injuries and complications. Your medical records will serve as crucial evidence for your claim. Report the crash to your insurer and request an application for no-fault insurance benefits. Finally, contact an experienced auto accident attorney to get help filing a claim.
Types of Auto Accident Claims
No-Fault Claims
As a no-fault state, Michigan requires every driver to carry no-fault personal injury protection (PIP) coverage, which almost guarantees that accident victims will receive compensation for the injuries and damages they sustain in wrecks. When you file a no-fault claim with your insurer, you may be able to recover compensation for medical expenses, vehicle repairs, and lost wages.
Carrying uninsured motorist coverage is also important, especially in Michigan. The Insurance Information Institute reports that Michigan is the fifth U.S. state with the highest percentage of uninsured motorists. While Michigan’s PIP covers medical expenses regardless of fault, it doesn’t cover non-economic damages like pain and suffering. Having uninsured motorist coverage can help cover these damages when the at-fault driver has no insurance. Furthermore, if your medical expenses exceed your PIP coverage limits, uninsured motorist coverage could help bridge that gap.
Third-Party Claims
Michigan only allows third-party claims to cover the pain and suffering prompted by death, permanent disfigurement, and any serious impairment of a body function. Typically, these claims are filed following a motor vehicle accident caused by general negligence, distracted driving, drunk driving, or a vehicle defect, and they are often the type of claims that go to trial.
Types of Recoverable Financial Compensation
If you suffer injuries or lose a loved one in a car accident, you could recover economic and/or non-economic damages. Economic damages have a set monetary value and include medical expenses, therapy expenses, lost wages, loss of future earning capacity, replacement of personal property, and death-related expenses, including funeral and burial expenses and probate attorney’s fees and costs.
Non-economic damages do not have a set monetary value and include:
- Pain and suffering, which includes emotional distress, anxiety, post-traumatic stress disorder, depression, and other psychological issues caused by the wreck
- Loss of consortium and/or companionship
- Loss of quality of life
- Inconvenience
- Money for excessive scarring, disfigurement, and/or amputations
- Loss of use of a bodily function or a body part
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Frequently Asked Questions
The personal injury claims process with an insurance adjuster and the court system can be confusing and complex, and you are likely to have many questions along the way. Our team is prepared to address your concerns at every stage, and we have answered some of the more frequently asked questions below.
What Information Should I Collect From the Other Driver?
When you interact with the other party involved in the accident, you should acquire all of the following information:
- Name
- Address
- Phone number
- Driver’s license
- Insurance information
- Registration information
- Make, model, and identifying details of the other car
Do not simply write down the other car’s license plate number—insurance companies cannot look up the other car on this information alone.
What Should I Avoid Doing After a Car Accident?
The biggest mistake to avoid is admitting fault. Don’t admit fault under any circumstances. Keep in mind that even innocuous statements may later be construed as an admission of fault, including apologies. While you may want to apologize if only out of shock, an apology could be used against you. Instead, keep your interactions brief but polite. Ask if the other needs assistance, collect their information, and communicate details of the accident to responding officers.
Do I Need to Report the Accident to My Insurance Company?
Yes.
Every auto accident policy requires policyholders to immediately report accidents, regardless of how minor they may seem. Many policyholders do not report minor accidents because they do not want their insurance rates to go up.
However, failing to report an accident can have serious penalties in the future. From an attorney’s perspective, failing to report an accident only to later file a personal injury lawsuit significantly weakens your case, since the other side can easily argue that you did not think the accident was important enough to report. Worse, your refusal to immediately report the accident makes you look untrustworthy.
What Is the Statute of Limitations for Car Accidents in Michigan?
One year after the date of the accident for no-fault benefits and three years from the date of the accident and/or injury for pain and suffering compensation.
Why Do I Need a Car Accident Lawyer?
If you hope to recover fair compensation, you need a lawyer.
When you work with a lawyer early in the process, you can avoid mistakes, such as exceeding the statute of limitations that may cost you part or all of your claim.
Benefits of hiring a lawyer include:
- Advice on avoiding common mistakes, such as signing a release form relieving your insurer of its responsibility to pay out your no-fault benefits, or using your health insurance benefits to pay for medical expenses while your case is pending.
- Assistance with the investigation process to strengthen your case and the evidence you are able to provide, such as photographs, eyewitness accounts, video surveillance, police reports, and more.
- Guidance during every aspect of the claims process, from the initial filing to the acceptance of a settlement.
When searching for an auto accident attorney, look for firms that have handled cases similar to yours, have trial experience with auto accidents, and offer free case evaluations. Note how their legal team interacts with you during the case evaluation, do you feel comfortable with this team? Are they listening to your concerns? Be sure to also look at their reviews, memberships, awards, and past case results.
How Much Does It Cost to Hire an Auto Accident Attorney?
Most personal injury law firms — including Giroux Pappas Trial Attorneys — work on a contingency fee basis. What this means is that you do not have to pay anything upfront. In fact, you do not have to pay any fee unless we’re successful.
What Happens When I Hire a Car Accident Lawyer?
If you then choose to hire an attorney, you’ll have to sign several forms allowing them to obtain information relevant to your case, such as your medical records. They will then contact the other party in your case, your insurance company, your medical providers, and any individuals and organizations that have evidence for your case, such as the local police department.
From there, your attorney will guide you through every step of the case, acting as your voice and your advocate. They will meet you wherever you need them, whether that’s at home, in the hospital, or anywhere else that’s convenient for you. They will also ensure that you understand what’s going on with your case so you can decide how to proceed.
How Much Is My Claim Worth?
Every case is different, so it is impossible to know just how much your claim is worth until a member of our team has reviewed all the evidence. That said, certain factors affect the amount of potential compensation including: the severity of your pain and suffering, whether you sustained psychological injuries, whether you sustained scars or permanent disfigurement, whether your injuries resulted in a disability or affected your ability to work during and after recovery, and the amount of fault assigned to you.
Who Covers Medical Expenses If I Am Uninsured?
Your health insurance company covers your medical expenses if you don’t have auto insurance.
What Does It Mean If the Driver That Hit Me Doesn’t Have No-Fault Insurance?
Michigan is a no-fault state. In no-fault states, you must look to your own insurance company for no-fault benefits, regardless of who is at fault for the accident. No-fault benefits include wage loss, payment of medical bills, and replacement services. Your insurance company may subrogate the claim by filing a claim against the other driver to recover the money paid out to you. Please visit our guide on no-fault insurance for more information.
Who Is Liable In an Auto Accident?
Michigan has an owner’s liability statute, Section 257.401, which helps clarify liability.
It states that the owner of a motor vehicle is liable for injury caused by negligent operation of that vehicle, though they are only liable if their vehicle is being used with their express or implied consent or knowledge.
In other words, you’re not liable if your car is stolen and then gets in an accident, but you are liable if you let your child drive the car and they get into an accident. This is true whether permission was expressed or implied. Implied means it is based on circumstances and not on the actual words used.
There are more nuances to liability. You can read more about liability in this guide.
What If the Accident Was My Fault?
If you believe the accident was your fault, you should still consult an attorney, as there can be many causes for an accident. You should not admit fault for an accident until a full investigation has been conducted. Generally, your health insurance company will cover the cost of treatment for injuries sustained in the accident. Sometimes, you can then seek reimbursement from your auto insurance company as part of the settlement.
Can I Recover Damages If the At-Fault Driver Was Uninsured?
If you are involved in an accident with an individual who doesn’t have insurance, you will likely have to collect No-Fault PIP benefits. from your own insurance company. Uninsured and underinsured motorist coverage may also help to supplement damages caused by a driver with no or low insurance coverage.
How Do I Know If I Have an Auto Accident Case?
Every car accident is different, which means every case is different. Generally, an auto accident attorney will look at two factors to determine if you have a case:
- Liability
- Damages
Legal liability refers to a person or entity’s legal responsibilities under the law. In personal injury law, liability is the concept of fault. Essentially, when someone is held liable for an accident, they are deemed to be at fault for the accident. You can read more about how attorneys determine who is at fault in this article.