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Paramedics and Firefighters Rescue Injured Trapped Victims from car accident

Under Michigan law, if you’ve been hurt in a car crash in Detroit, you can sue the other driver in a car accident lawsuit if you can prove three things: (1) the other driver was negligent; (2) the other driver’s negligence caused your injuries; and (3) you suffered a “serious impairment of body function.” 

If you can prove these things, and you have an experienced lawyer who specializes in auto accidents, you may be able to recover significant non-economic and economic damages.

Driver negligence comes in many forms, including texting while driving, driving aggressively, and driving while impaired, to name a few. If the driver who caused your accident was negligent (and more than 50% at fault for the accident), and this negligence resulted in your injuries, you can sue that driver for your damages.

A serious impairment of body function must be proven in order to recover pain and suffering damages after a car accident. To prove you suffered a serious impairment, you must show that an “objectively manifested impairment of an important body function” has affected your “general ability to lead [your] normal life.” It doesn’t matter how long the impairment lasts, and this determination is specific to your life and your circumstances.

An experienced Detroit car crash lawyer with deep knowledge of Michigan car accident laws will know how to build your case, prove negligence, and show that you suffered a serious impairment of body function. The attorneys at Michigan Auto Law have a track record of success in these cases. 

What is considered negligence in a Detroit car accident case?

Negligence means that the other driver either (1) did something a reasonably prudent person would not do, or (2) failed to do something a reasonably prudent person would do. For example, a reasonably prudent person would not send a text message while driving. However, a reasonably prudent person would pay attention to the road and other drivers.

Other examples of negligent behavior include:

  • Distracted driving
  • Speeding
  • Improper lane usage
  • Red light running
  • Tailgating
  • Failing to yield
  • Impaired driving
  • Drowsy driving

To sue for negligence you must show that (1) the other driver owed you a duty of care (not to drive in an unreasonable way); (2) the other driver breached that duty; (3) the other driver was the cause of the accident; and (4) you suffered an injury.

What is a serious impairment of body function?

A serious impairment of body function is an objectively manifested impairment of an important body function that affects the injured person’s general ability to lead his or her normal life.

“Objectively manifested” means the impairment “is observable or perceivable from actual symptoms or conditions by someone other than the injured person.” 

An important body function is one that has “great value, significance, or consequence to the injured person.” And an objectively manifested impairment is one that “affects” the injured person’s “general ability to lead his or her normal life.”

There is no requirement for how long an impairment must last, and the determination as to whether the injured person suffered a serious impairment is “specific to each injured person, must be conducted on a case-by-case basis, and requires comparison of the injured person’s life before and after the incident.”

You must prove you suffered a serious impairment of body function to recover “noneconomic” damages, which includes pain and suffering.

Do I need a lawyer for my Detroit car accident?

Proving negligence and showing you suffered a serious impairment of body function after a car accident is no easy task. Not every lawyer is equipped to handle your case.

You need an experienced auto lawyer who specializes in these cases, knows how to prove negligence and serious impairment of body function, and has a track record of success in car accident lawsuits.

The experienced Detroit car crash lawyers at Michigan Auto Law will fight for you and your family and get you the compensation you deserve.

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