Michigan auto accident lawyers at the law firm of Goodman Acker P.C. recently filed a Detroit car accident
lawsuit on behalf of a client that was involved in a "pile-up"
rear end collision - meaning a vehicle struck one vehicle directly from
behind causing that vehicle to rear end the vehicle in front of them (similar
to a "domino" type effect).
Our client is a resident of Dearborn, Michigan. The collision took place
in August of 2013 on westbound Ford Road near the intersection of Artesian
Street in the City of Detroit.
As a result of the rear end pile up, our client suffered multiple serious
injuries, including but not limited to, lumbar disc herniations, cervical
disc herniations, thoracic disc herniations, severe shock, fright, and
mental anguish. In addition, our client has been unable to work as a result
of his injuries with a potential earning loss in the future.
Our auto accident attorneys filed the lawsuit in the Wayne County Circuit
Court and are seeking both first party benefits from AAA Insurance, who
has recently cut off his benefits including payment of medical expenses
and lost wages, and third party benefits (pain and suffering compensation)
against the at-fault driver.
Our arguments for third party benefits include negligence of the at-fault
driver (Defendant) in operating a motor vehicle contrary to the Motor
Vehicle Act of the State of Michigan, and the ordinances of the City of
Detroit. More specifically:
- Defendant was in violation of maintaining an adequate and sharp lookout,
nor paid heed or proper attention to the road ahead.
- In violation of Defendant's duty to keep vehicle constantly under control
so that that Defendant could bring vehicle to a stop within the assured
clear distance, the Defendant did not do so, but instead permitted the
vehicle to strike another vehicle. (Violation of MCL 257.627 (4) - explained
in greater detail below)
The Defendant failed to travel at a proper and lawful rate of speed, and
therefore traveled at an improper unlawful and excessive rate of speed
that permitted the vehicle to not be able to stop within the assured clear
distance ahead. (Violation of
Michigan Vehicle Act 257.626 Reckless driving on highway, frozen public lake, or parking place)
In addition, the State of Michigan has two special rulings when dealing
with rear-end car accidents that can really help when proving a driver
who rear ended a motor vehicle is guilty. MCL 257.402 provides that drivers
who hit the rear end of a vehicle "shall be deemed prima facie guilty
of negligence." What this means is that under Michigan law, there
is a presumption that the person who hit the rear end of another motor
vehicle is at fault for the accident and guilty of negligence. Of course,
the opposing side can rebuttal with testimony, witness statements or other
evidence, however more often than not it can be difficult to prove that
the driver who rear-ended a car is not guilty.
MCL 257.627 provides ruling that drivers are not permitted to drive at a speed that
is greater of what will allow them to stop within an assured clear distance.
Assured clear distance is the distance between the front end and the rear
end of a vehicle driving in the same direction. Michigan state law requires
drivers to adjust their speed according to factors, such as traffic and
road conditions, to ensure they have enough space in between for allowance
to stop if need be.
However, even though it is easier to prove a driver is negligent and cause
for injury in a rear-end collision compared to other types of motor vehicle
accidents, having an attorney on your side for these types of claims is
in your best interest. This is because these types of lawsuits do require
an in-depth knowledge and understanding of the various driving laws in
Michigan. In addition a qualified and experience lawyer will be able to
appropriately value your claim determining the fair compensation you deserve
and be able to work with the insurance companies to ensure you receive
the appropriate no-fault insurance benefits.
If you or someone you care about has recently been injured in a rear-end
car accident in Detroit or in the State of Michigan and need help,
call our top rated auto accident attorneys today at(248)-483-5000. We offer afree, no obligation case review and will answer any questions that you may have. For over 30 years we
have been helping auto accident victims obtain the justice they deserve.
We can help you. Call now to understand your rights and find out what