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Detroit Car Accident Lawyer

Have you been injured in a car accident in Detroit? If someone else caused it, you deserve compensation. Call Christopher Trainor and Associates now for a free case review.

Your damages can be devastating when you are involved in an accident with a negligent driver. You might sustain severe physical injuries and emotional trauma that will require a lot of money and time to treat, all while your hospital bills are stacking up, you aren't able to work, and you are uncertain how to go about holding the negligent party financially responsible, or worse, you are being denied fair financial compensation.

Overcoming these obstacles is not easy, but you do have options. With the aid of an experienced car accident attorney, you can put all of your energy and effort into your recovery while a skilled lawyer fights to protect your rights from the insurance carrier and, if necessary, in the courtroom.

If you are struggling to move forward after a serious Detroit car accident, the experienced Detroit car accident attorneys at the Law Offices of Christopher Trainor & Associates can help. We work hard to fight for the compensation you deserve after a car accident.

Why Do I Need a Detroit Car Accident Attorney?

When you are injured in a car accident through no fault of your own, and you plan on pursuing financial compensation for your damages, it is in your best interest to work with an attorney who can develop an aggressive legal strategy for your injury claim. Our legal team has decades of combined experience successfully recovering major settlements for our personal injury clients.

At the Law Offices of Christopher Trainor & Associates, we always fight for maximum compensation, which is how we have been able to secure millions of dollars in settlements and jury verdicts for our clients’ economic and non-economic damages. We dedicate our full time and attention to every client we take and always represent their best interests.

When you partner with our experienced Detroit car accident lawyers, you can rest assured we will fight to ensure you are fairly compensated for the economic damages you incurred due to someone else’s negligence, including:

  • Medical bills
  • Lost earnings
  • Property damage
  • Household services
  • Reduced earning capacity

We will also work to secure compensation for non-economic damages that accurately reflect the emotional damages you sustained, such as:

  • Pain and suffering
  • Permanent scarring or disfigurement
  • Decreased quality of life
  • Loss of fellowship
  • Emotional trauma

The physical and emotional damages you sustain in a car accident will pose an unusual set of challenges that can impact your daily life. Never allow an insurance adjuster to decide how much your damages are worth or strongarm you into accepting a settlement that does not reflect their true value. With a knowledgeable lawyer on your side, you can fight for the financial compensation you deserve.

At the Law Offices of Christopher Trainor & Associates, we work hard to ensure that our clients understand all of the legal options open to them so they can make the best decisions for themselves, their families, and their financial futures.

What Should I Do After a Detroit Car Accident? 

After a Detroit car accident, there are steps that you need to take to ensure your safety and protect the values of your claim, such as:

  • Notify local law enforcement and request that an officer respond to the scene
  • Get the license plate number, contact details, and driver’s license information of the other driver(s) involved in the accident
  • Take videos or pictures of the entire crash scene as well as any property damage, visible injuries, and anything else you feel may have contributed to your accident
  • Write down the names and contact information of anyone who witnessed the incident
  • As soon as possible, report the crash to your insurance company
  • Ask your insurance agent for a No-Fault Insurance Benefits application
  • Contact an experienced Detroit car accident attorney

Do I Have to File a Police Report?

State law requires that any motor vehicle accident that causes injury or death or involves $1,000 or more in property damage be reported to the police. In most cases, the responding officer will investigate the collision and write up the report.

Although the accident has to be reported, the driver does not necessarily have to file a written report. That said, a lot of auto insurance companies require written reports to be filed no more than 24 hours after a car accident in order to qualify for benefits. So, it is always a good idea to file a written report even after a minor accident just to ensure the insurance company does not give you the runaround.

How Do I Obtain a Copy of My Detroit Police Crash Report?

You can purchase a copy of your police report, known as form UD-10, from the precinct of the investigating officer.

If you choose us to represent you, we can obtain a copy of your police crash report for you. Depending on the responding agency, our attorneys can access accident reports as soon as 24 hours after the incident.

Who is Liable for a Detroit Car Accident?

Proving negligence is the cornerstone of any personal injury lawsuit. Based on the exact circumstances under which your accident occurred, multiple parties could be liable. Most often, the liable party is a negligent driver. Common forms of driver negligence include drunk driving, speeding, and distracted driving. If, however, the negligent party was driving a vehicle within the course and scope of their employment, then their employer may also be held responsible for any accident-related damages. Additionally, if three or more drivers are involved in an accident, the injured plaintiff can name multiple defendants in a lawsuit.

For these reasons, proving liability in a Detroit car accident claim is vital. While support and compensation for damages may initially be provided via Michigan’s no-fault auto insurance, victims who sustain serious or catastrophic injuries often require financial compensation that falls well outside the purview of the state’s no-fault benefits. This means that collecting relevant evidence that proves liability in an accident is critical for presenting a strong and compelling case, either in settlement negotiations with the insurance company or, if necessary, in court.

How Can Negligence Be Proven?

For your claim to be successful, you will have to show that the other driver was negligent. This is done by proving the four elements of negligence: duty, breach, causation, and damages. In simple terms, you need to prove that:

  • The at-fault driver owed a duty of care to the victim. All drivers have a duty to drive reasonably and safely
  • The at-fault driver breached their duty
  • This breach of duty caused the accident
  • The accident was the direct cause of the victim’s injuries and other damages

Establishing each of the four elements of negligence for a car accident claim is a complex process that often requires a thorough knowledge of state laws, the inner workings of the legal system, and the most effective ways to gather and present strong evidence. For instance, a full investigation of the scene can uncover proof of exactly how the collision happened and help identify all liable parties.

Michigan Comparative Negligence Laws 

After a serious car accident, the injured party may file a claim for damages against all liable parties. Keep in mind that Michigan’s comparative negligence laws mean that a percentage of fault can also be assessed against the victim.

Basically, comparative negligence laws allow any damages awarded to the claimant to be reduced in proportion to their degree of fault, which is usually set by the jury. For example, if the plaintiff is found to be 25% at fault for the accident, they are still eligible to recover 65% of the damages awarded to them. So, if a jury decides to award the plaintiff $200,000 but the plaintiff has been found to be 25% at fault for the crash, they will only be able to collect $150,000 from the award.

What If the At-Fault Driver Was Working When the Crash Occurred?

Where on-the-clock drivers are concerned, the at-fault driver is not always the liable party. In some cases, like accidents involving heavy machinery or commercial trucks, there is actually a variety of legal options a skilled car accident lawyer will be able to explore. For instance, if you were injured when a tractor-trailer overturned but the rollover was caused by a tire blowout, then you could have a case against the driver’s employer, the tire manufacturer, or the person or company in charge of truck maintenance and repair. This ensures that all responsible parties are held accountable and gives you your best chance at getting the financial compensation you need and deserve.

In that same vein, rideshare companies such as Lyft and Uber classify their drivers as independent contractors rather than employees. This allows them to insulate themselves from liability for accidents they cause. If a Lyft or Uber driver was responsible for your collision, you are still entitled to file a claim to collect damages to cover your bills arising from the accident.

If you have questions regarding the best way to navigate the legal process and which parties could potentially be held liable for your accident, the experienced Detroit personal injury attorneys at the Law Offices of Christopher Trainor & Associates are here to help. We can advise you on the best way to handle the situation and see a successful outcome to your injury claim.

What if a Defective Vehicle Part Caused My Detroit Car Accident?

Sometimes, the party responsible for your car accident is not a negligent driver. Car accidents can be the result of hazardous road conditions, such as obscured or broken street signs or badly maintained roadways. During Michigan’s harsh winters, many car accidents are due to insufficient road treatment, such as salting. If you are injured in an accident because the entity in charge of maintaining the roadways created a hazardous situation with their disregard for safety or lack of effort, they could be held liable for any damages you incur.

Traffic collisions can also be the result of defective vehicle components. If your vehicle is equipped with a faulty or malfunctioning part and the manufacturer or distributor fails to inform you of the potential danger, the company responsible for selling or producing the malfunctioning part could be held financially responsible for your damages. Our Detroit car accident attorneys can examine the facts of your accident and accurately determine who is liable for your injuries.

Is There a Deadline for Filing a Car Accident Claim in Detroit?

After being injured in a serious Detroit car accident, it is essential to file your car accident claim as soon as you can. The settlement negotiation process can drag on for several months or sometimes even several years. The sooner you begin the claims process, the sooner you can expect to collect your damages.

Pursuing a car accident claim or lawsuit proactively will also give you a much better chance of receiving a larger settlement or verdict. This is because you will have ample time to collect as much evidence as possible, such as documentation and photographs. It also gives your treating physician enough time to assess the full severity and scope of your injuries, determine what medical treatments you will need now and in the future, and establish how your injuries are going to impact your day-to-day life, which means you will have a more comprehensive idea of the damages you have incurred and a better understanding of the damages you are owed.

Another reason it is important to file early is that the statute of limitations for Michigan personal injury claims, including car accident lawsuits, is only three years from the day of the accident. Once that deadline expires, you will no longer be eligible to pursue a car accident claim. No matter how severe and life-changing your injuries may be, your case will be thrown out of court. For instance, if you experienced crippling and painful back injuries in a car accident but wait too long to file your injury claim, you will be responsible for paying your own medical repairs, repairing or replacing your vehicle, and will not receive any compensation for your emotional damages. Although three years sounds like a long time, it goes by quickly and there is a lot to be done. Your best chance at a positive resolution to your case is let our attorneys get to work on your claim before crucial evidence is lost or destroyed and witness memories are still fresh.

At the Law Offices of Christopher Trainor & Associates, our personal injury lawyers have the resources and knowledge necessary to thoroughly and vigorously investigate your claim regardless of the circumstances. Our legal strategies and approach to your case are tailored to suit each individual client. We present persuasive arguments to judges and insurance companies to strongly advocate for the best financial outcome under the law.

What is the Insurance Process After a Car Accident in Detroit?

After being injured in a traffic collision, most people’s first recovery option is usually the benefits included in their auto insurance policy, like personal injury protection. Your auto insurance may cover a lot of your car accident expenses, and medical insurance should cover some of your medical treatment costs. However, collecting financial compensation after a car accident is not always this straightforward. Your insurance company might fail to pay you fair compensation, or they might refuse to offer you any compensation at all, even in cases of wrongful death.

The reason for this is that the insurance company does not have your best interests in mind. Insurance companies are for-profit businesses, and paying out high-dollar settlements, no matter how deserved they may be, eats into their profit margins. This is why they almost always try to find a reason to deny claims or pay out the least amount of compensation possible. Since they are so focused on devaluing or undervaluing your claim, they often try to drag out settlement negotiations in the hopes that you will accept a lowball settlement offer just to be able to put the whole mess behind you.

They may also attempt to claim your case is invalid; that way, they do not have to pay you any compensation at all. To build a case against you, insurance adjusters may spy on you as you go about your day and study your social media accounts to try to find proof that you are not actually in pain, or experiencing any physical or financial difficulties. They can also take your words out of context and try to use them against you by misrepresenting something you said and using that to claim that your injuries are not as serious as you claim and that you aren’t owed as much compensation as you are seeking.

What Are the Leading Causes of Detroit Car Accidents?

Being familiar with the many different hazards that can contribute to car accidents is an essential part of proving your case. Our legal team will investigate the cause of your collision and accurately determine who was to blame. This is crucial because oftentimes the true cause of an accident is not immediately obvious. For instance, let’s say that brake failure caused your car accident. On the surface, your case looks like it was caused by a basic mechanical issue. However, if the brake failure was caused by negligence, fault might actually rest with the owner of the vehicle who failed to perform necessary and routine vehicle maintenance. Had the owner gotten the vehicle the necessary repairs or maintenance, their brakes would not have failed.

Some common causes of car accidents in Detroit, MI include:

  • Distracted driving: Distracted driving is any activity that takes your hands off the wheel, your eyes off the road, or your mind off of safe driving. It is the number one cause of preventable motor vehicle accidents in the United States.
  • Drunk driving or driving under the influence of drugs: The legal blood-alcohol limit in Michigan is 0.08% for drivers 21 and older, 0.04% for drivers of commercial vehicles, and any detectable amount for drivers under 21. A blood-alcohol content of 0.17% or higher comes with enhanced penalties.
  • Failure to yield: These accidents are especially dangerous for the driver with the right of way.
  • Weather conditions: Michigan experiences intense winter weather. Unfortunately, a lot of these weather conditions, such as snow, ice, or sleet, can cause vehicles to slide or skid into one another.
  • Speeding: Speeding drivers have been responsible for almost 34% of all fatal car accidents nationwide in the past 20 years. Speeding is a form of reckless driving and can impair a driver’s ability to control their vehicle, come to a sudden but safe stop, notice pedestrians in crosswalks, and many other dangers.
  • Unsafe lane changes: Anytime a driver chooses to swerve in and out of traffic lanes rather than maintaining a single lane, they are endangering themselves and everyone around them.
  • Following too closely: Following the vehicle in front of you too closely, a practice known as tailgating, increases the odds of a rear-end accident should the leading vehicle need to brake suddenly.
  • Road rage: The percentage of motor vehicle accidents caused by road rage has been steadily growing over the past ten years. Road rage accidents can cause serious injury to both the perpetrator and the victim and are 100% preventable.
  • Backing up accidents: Accidents caused by failing to look before reversing are extremely prevalent in parking lots, parking garages, and driveways. When a driver fails to pay attention to what is behind their vehicle, they could rear-end another vehicle or even back over a pedestrian.
  • Breaking driving laws: Driving laws exist to keep Michigan road users safe. So, any traffic violation, such as speeding, has the potential to cause a serious car accident and injuries.

These and other careless driving actions can result in serious injuries such as lacerations, contusions, broken bones, deep cuts, concussions and other traumatic brain injuries, spinal cord injuries including paralysis, traumatic amputations, whiplash, and even death. If you were injured in a Detroit car accident, whether it was caused by one of the above-listed actions or by something else entirely, you deserve the benefits that come with partnering with a highly skilled Detroit car accident lawyer when it comes to proving liability, filing a claim or lawsuit for damages, and securing full and fair financial compensation.

How Can a Lawyer Help Me After a Detroit Car Accident?

While it is important to understand your rights after a car accident, Michigan’s no-fault auto insurance laws can be confusing. When you work with our law firm, we will:

  • Get the police crash report, eyewitness statements, and the complete file of the police investigation
  • Get copies of all of your treatment records, hospital records, and medical records
  • Deal with the insurance adjuster on your behalf
  • Communicate with the insurance company to ensure that all of your benefits have been paid out
  • File a lawsuit against the negligent driver and/or the vehicle’s owner to ensure you are fully compensated for your pain and suffering
  • Handle settlement negotiations with the insurance company
  • If necessary, represent you in court

Michigan Motor Vehicle Accident Statistics

In 2021, 282,640 motor vehicle accidents took place across Michigan. Of these, 71,246  resulted in some degree of injury and 1,131 resulted in the loss of at least one life. In other words, one out of every four drivers was injured and one out of every 250 was killed in preventable car accidents.

October and November had the largest numbers of motor vehicle accidents in that same year. The largest number of fatal collisions took place in July and August.

The counties with the most motor vehicle accidents were Oakland, Wayne, Kent, Macomb, Saginaw, Washtenaw, and Genesee.

What Are the Most Common Detroit Car Accident Injuries?

The most commonly occurring car accident injuries in Detroit are:

  • Concussions, closed head injuries, and traumatic brain injuries
  • Spinal cord injuries, including those that cause quadriplegia and paraplegia
  • Bulging and herniated discs to the back and cervical neck
  • Fractured and broken bones, especially the sternum, the pelvic bone, legs, arms, and ribs
  • Hand and arm injuries, like degloving
  • Leg and knee injuries, such as a fractured hip
  • Shoulder injuries, such as a torn labrum or rotator cuff
  • Nerve damage, including total loss of sensation and paresthesia
  • Permanent scarring and disfigurement
  • Emotional and psychological trauma

Your attorney will collect your medical records, reports, and all of your diagnostic testing results to establish the full scope of your injuries and give these, along with other evidence, to the insurance company along with a formal demand letter which will include the amount of financial compensation you are seeking for all of your accident-related damages.

Does Michigan Allow Me to Sue for Pain and Suffering?

Yes, Michigan does allow you to sue the driver responsible for your car accident for pain and suffering damages.

When you file a lawsuit against the negligent driver or vehicle owner for damages, you are allowed to claim compensation for any mental anguish, pain and suffering, scars, disfigurement, or disability caused by the crash. Michigan does not place a limit or cap of any kind on the amount you are entitled to pursue for pain and suffering and settlement is typically based on the limits of the at-fault driver’s insurance policy.

Any pain and suffering settlement is entirely separate from your no-fault auto insurance benefits. The majority of injured Detroit car accident victims have their hospital bills and lost earnings covered while also receiving a personal injury settlement. Our Detroit car accident attorneys will work diligently to make sure that you receive every available form of compensation.

Can I Sue if I Was Injured as a Passenger in a Detroit Car Accident?

Yes, if you were injured as a passenger in a motor vehicle collision, Michigan does allow you to file a lawsuit against any and all parties whose negligence led to your accident and subsequent injuries, up to and including the driver. This includes the driver of the vehicle that the passenger was riding in at the time of the the accident, Lyft drivers, Uber drivers, and even friends. family, and coworkers.

It is not uncommon for claims to be filed by one family member against another or a friend against a friend. Auto insurance policies provide coverage for any person who was injured due to someone else’s negligence.

How Much Is My Detroit Car Accident Case Worth?

Multiple factors come into play when determining the value of a Detroit car accident claim. Each case is unique, so there is no one formula used to determine what the exact amount of a settlement should be. There is also no such thing as a “typical” or “average” settlement.

In Michigan, car accident victims can pursue financial compensation for numerous forms of damages, such as:

  • Pain and suffering
  • Psychological damage
  • Permanent scarring and disfigurement
  • Decreased quality of life
  • Lost wages, lost future wages, and diminished earning capacity
  • Wrongful death (claims may be made for the victim’s pain and suffering from the time of their accident up until their death, for loss of fellowship for surviving relatives, and economic damages incurred by the family due to the family member’s passing)

How Much Can I Claim for Pain and Suffering Damages?

Michigan recognizes several different forms of pain and suffering damages for which car accident victims may claim financial compensation, including loss of enjoyment of life, mental anguish, depression, anger, shock, and post-traumatic stress disorder.

The amount of damages you are entitled to for pain and suffering is determined by a variety of factors such as the severity of your injuries, the form and duration of any medical treatments, and the degree to which your injuries have impacted your ability to lead and enjoy life the way you did before the accident. Our experienced Detroit car accident lawyers can thoroughly evaluate your claim and fight to get you the maximum amount of compensation possible for the pain and suffering you have experienced.

What Factors Will Influence My Car Accident Settlement?

Every car accident is different, and every lawsuit or claim is judged on its own merits. That said, there are quite a few circumstances that can play a significant role in your settlement amount. When car accident lawyers and insurance companies assess Michigan car accident cases, some of the factors they take into consideration include:

  • Loss of earnings: Wage loss or earnings loss includes present and anticipated losses in the wake of a serious collision.
  • Emotional or psychological trauma: As discussed earlier, these damages can include post-traumatic stress disorder, psychological trauma experienced during treatment and recovery, or depression and anxiety experienced during and/or after recovery.
  • Pain and suffering: If you present strong proof of current pain and suffering as well as proof of possibly facing future emotional trauma, as in cases where the injured victim endures long-term or permanent mental effects or requires painful ongoing physical therapy, you will be compensated accordingly by the court.
  • Permanent or temporary disability: If you can prove to the court that your disability was the result of your car accident, you could be awarded a settlement proportionate to the degree you are affected.
  • Permanent or temporary disfigurement: Whether you sustained an injury to your arms, neck, or face that left you with scars or were in some way permanently disfigured, the court will take the potential present and future implications your injury could have on your mental trauma and ability to earn a living and offer appropriate compensation.
  • Fright and shock: If you went into shock or were frightened to the detriment of your mental health due to the car accident, financial compensation may be available.
  • Claims by bystanders: If a relative or friend witnessed your accident, they might be eligible to bring a claim against the at-fault party.
  • Death: A wrongful death claim can be filed against the liable party by surviving family members if the deceased died due to injuries associated with the car accident. A jury will be tasked with determining an appropriate amount of wrongful death damages.

If you experienced one or several of these factors, our attorneys are able to assist you with your no-fault benefits claim. We have a proven track record of achieving successful results in Detroit car accident claims through both settlements and jury verdicts. We serve clients across the state of Michigan and have recovered millions of dollars on their behalf.

Do I Have to Hire an Attorney to Settle My Detroit Car Accident Claim?

No, of course not. You are not required to hire a lawyer in any circumstances and are free to try to settle your own claim if that is what you want to do. However, without the aid of a skilled Detroit car accident lawyer, there are a few common mistakes of which you should be aware. One recent study showed that most car accident victims who partnered with a reputable personal injury law firm received settlements that averaged three times larger than those received by victims who represented themselves. This is because insurance companies know that they cannot offer low-ball settlements to experienced attorneys who know and understand the value of an injury.

That same study also determined that 91% of those who hired an attorney received a settlement, whereas only 51% of unrepresented individuals received one. Further, the study also showed that qualified representation made a considerable difference in the total amount of compensation received. Individuals who hired an attorney received an average settlement of $77,600 compared to an average settlement of $17,600 for those who did not.

What Do I Do if My Car Accident Claim is Denied?

As frustrating as it is for your claim to be denied, keep in mind that it is not the final say. Our skilled Detroit car accident attorneys can help you file an appeal and fight to ensure that your rights are protected.

When someone files a no-fault compensation claim with their insurance company, the claim is thoroughly investigated by an insurance adjuster. If, after their investigation, the adjuster is not satisfied with their findings as they align with your claim, then it will be denied. When this happens, a lot of victims simply give up which is unfortunate because the denial of your initial claim is not the end of the matter. When you work with a skilled attorney, they will be able to pinpoint the reason or mistake that caused your claim to be denied and work to rectify it on appeal.

Some common reasons for Detroit car accident claim denials include:

  • Your pre-existing medical condition is suspected to have caused the accident
  • You have a pre-existing medical condition with symptoms similar to the ones caused by your accident-related injuries
  • Your medical records are incorrect
  • You failed to get prompt medical attention
  • The negligent driver has expired insurance or no insurance
  • You were more than 50% at fault for the accident
  • You did not fill out all documentation completely or correctly
  • You are not working with a qualified car accident lawyer
  • You made a comment that undermined the viability of your claim or somehow admitted or implied fault while talking to someone from the insurance company
  • Your lawsuit was not filed with the proper court or was not filed on time

Are Detroit Car Accident Attorneys Expensive?

It costs nothing to work with our Detroit car accident lawyers. We operate on a contingency fee arrangement, which means that we never charge you any fees to begin work on your case, and we only collect payment if and when you receive a settlement. If, for any reason, your case is not successful, you will not owe any money.

Speak With a Detroit Car Accident Lawyer Today

The Detroit car accident attorneys at the Law Offices of Christopher Trainor & Associates have the experience, skill, and resources you need to obtain the maximum settlement amount for your damages. Contact us right away at (248) 886-8650 or fill out the contact form on our website to schedule a free, no-obligation consultation.

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