One dead in weekend crash in Macomb County

An accident with a disabled vehicle killed one person in Macomb County over on the morning of Saturday, June 13.

At around 1:45 a.m., Macomb County Sheriff responded to Fairchild Road north of 22 Mile Road in Macomb Township. A disabled car, a Chevrolet Malibu, was hit by a Lincoln MKX, causing the disabled car to catch fire and become engulfed in flames.

According to police, a 16-year-old girl became trapped in the backseat of the Malibu and was pronounced dead at the scene. Two other passengers and the driver in the Malibu managed to escape.

The drivers of both vehicles, plus a passenger in the Malibu, were all taken to a nearby hospital.

Legal issues after a crash in Michigan

Michigan is a no-fault state, which means that without having to determine whose fault an accident is, people injured in the crash may qualify for Personal Injury Protection (PIP) benefits.

These benefits can help cover economic losses from the crash such as allowable medical expenses, wage loss, replacement services or attendant care.

Recovering noneconomic losses usually requires a separate claim against an at-fault driver. This would only be an option if the injuries meet the state’s threshold of serious impairment of body function, permanent serious disfigurement or death.

Disabled vehicles

A disabled car is not automatically at fault just because it was stopped. But the driver may face fault arguments if the car was left in a lane of travel, around a blind curve, over a hill, at night without lights or in some other place that created an unreasonable danger.

Michigan’s parked vehicle no-fault statute establishes that the vehicle must be parked in a way that causes unreasonable risk to cause injury. Other exceptions may impact the claim including road conditions, hazard lights and more.

When police identify a possible vehicle malfunction, the vehicle should be preserved and inspected when possible. Maintenance records, repair history, witness statements, crash-scene evidence and electronic vehicle data may all matter.