Distracted driving is a form of negligence. A driver who has allowed a distraction to interfere with the safe operation of a motor vehicle has clearly failed to exercise reasonable care. If the driver causes an accident, he or she should be held legally responsible for any harm that results. If you have been involved in an auto accident caused by a distracted driver, a Detroit auto accident attorney from Goodman Acker P.C. wants you to know that the other driver’s distractions may factor into your recovery.
The U.S. Department of Transportation (DOT) defines distracted driving as “any activity that could divert a person’s attention away from the primary task of driving.”
As the DOT notes, several acts can be considered distracting, including:
When a driver is distracted, the driver may fail to safely operate his or her vehicle in any number of ways, including tailgating the car in front, racing through a stop sign or red light, and drifting into an adjacent lane or onto a sidewalk. It should be no surprise that, in one recent year, distracted driving caused more than 5,000 crashes within the state of Michigan, according to an analysis by MLive.
Michigan is a no-fault state. So, a driver’s distraction will not always be a factor in your car accident case. You may simply recover first-party benefits from your own insurance company – no matter who is at fault. However, in some cases, you (or your loved one) may have suffered a “threshold injury.”
This is defined under Michigan law as being a “serious impairment of body function,” meaning an injury that is objectively manifested, impairs an important body function, and affects a person’s “general ability to lead his or her normal life.” If this has occurred in your case, then you can seek third-party benefits from the other driver’s insurance coverage. It will require showing the other driver’s fault, such as distracted driving.
Under Michigan law:
In a suspected distracted driving accident in the Tri-County area, it is important to review whether the at-fault driver’s activities violated a local ordinance. There are several communities with distracted driving ordinances that have either been proposed or gone into effect.
If you or a loved one has suffered a “threshold injury” in an auto accident in Detroit or elsewhere in Michigan, Goodman Acker P.C. can assist you in establishing whether the other driver’s distraction caused the crash. We are Detroit’s power law firm – a highly skilled, experienced and ethical legal team that works tirelessly to seek just compensation for those who have been harmed by the negligence of others, including victims of distracted drivers.
We have been helping accident injury victims in Michigan win the maximum settlement for their injuries for 25+ years.
Take a look at what some of our previous clients have to say about the high caliber of the services we provide.
If you have been wrongly injured, we would be happy to review the specific details of your case to determine how we can help.