Distracted driving is one of the most dangerous behaviors on the road today, and it’s a growing problem in Kalamazoo and across Michigan. According to the state police, nearly 2400 of the accidents that occurred in 2022 involved a distracted driver using their cell phone. Over 16% of these motorists were aged 20 or younger.
Whether it’s texting, eating, or simply not paying attention to the road, distracted driving can lead to serious accidents, devastating injuries, and even fatalities. If you or someone you love has been involved in a distracted driving accident in Kalamazoo, it’s important to know your rights and what steps you should take next. In this blog, we explain the legal aspects of distracted driving in Michigan and explain how a Kalamazoo distracted driving lawyer can help you.
Why Hire Conybeare Law Office For Your Distracted Driving Claim?
After a distracted driving accident, dealing with injuries, medical bills, and insurance companies can be overwhelming. This is where Conybeare Law Office can make a difference. Here’s how we can help:
- Investigating the Accident: Our team will thoroughly investigate the accident to gather evidence of distracted driving. This might include obtaining phone records, suveillance camera footage, and witness statements. Our goal is to build a strong case that proves the at-fault driver’s negligence and holds them accountable for the harm they caused you.
- Negotiating with Insurance Companies: Insurance companies often try to minimize payouts, even when their policyholders are clearly at fault. The auto accident attorneys at Conybeare Law Office will handle all communication with the insurance company so that you stand the best chance of receiving a fair settlement. We know the tactics that insurance companies use, and we’re prepared to fight for the compensation you need.
- Calculating Damages: We will help you calculate not only your current medical expenses and property damage but also any future costs related to the accident, such as ongoing medical treatment, lost wages, and pain and suffering. Our team will work diligently to ensure that all your losses are accounted for in your accident claim.
- Representing You in Court: If your case goes to court, having a distracted driving accident attorney from Conybeare Law Office by your side can make a difference. Our personal injury lawyers have extensive courtroom experience and know how to put together a compelling case.
Dealing with a personal injury case while recovering from an accident can be incredibly stressful. When you work with Conybeare Law Office, you can focus on your recovery, knowing that your case is being handled by professionals who have your best interests in mind. We’ll keep you informed throughout the process and make sure you understand your options at every stage.
Michigan’s Distracted Driving Laws
Michigan has specific laws in place to combat distracted driving. These laws are designed to reduce the number of motor vehicle crashes caused by distractions and to hold negligent drivers accountable when they engage in dangerous behavior behind the wheel.
Texting While Driving
Michigan law prohibits drivers from reading, typing, or sending text messages while driving. This includes manually entering information into a GPS or other electronic devices. The law applies to all drivers, regardless of age or experience.
If a driver is caught texting while driving, they can be fined and receive points on their driving record. The penalties may vary depending on whether it’s a first or subsequent offense, but the goal is clear: to deter drivers from using their phones while on the road.
Cell Phone Use for Novice Drivers
Michigan has stricter rules for novice drivers, specifically those with a Level 1 or Level 2 Graduated Driver License (GDL). These parties are prohibited from using a cell phone at all while driving, except in an emergency. This rule is intended to minimize distractions for inexperienced motorists who are still developing their driving skills.
Handheld Device Restrictions
All drivers in Michigan are prohibited from using a hand-held cell phone to text, talk on the phone, watch videos, or use social media while driving. There is, however, an exception for phones that are used in “hands-free” mode.A violation can result in a fine, community service, and points on one’s record.
What to Do After a Distracted Driving Accident
If you’ve been involved in a distracted driving accident in Kalamazoo, there are several steps you should take to protect your wellbeing and help ensure you receive the financial compensation you need to cover your damages.
- Seek Medical Attention: Your health and safety should be your top priority. Even if you don’t feel injured immediately after the accident, it’s important to seek medical attention. Some injuries may not be apparent right away, and a medical professional can assess your condition and document your injuries.
- Report the Accident: Contact the police and report the accident. A police report will be an important piece of evidence in your case, as it will document the details of the accident, including any evidence of distracted driving.
- Gather Evidence: If you’re able, gather as much evidence as possible at the scene of the accident. This might include taking photos of the vehicles, road conditions, and any visible injuries. If there are witnesses, try to get their contact information as well.
- Notify Your Insurance Company: Contact your insurance company to report the accident. Provide them with all the necessary information about what happened. However, be cautious about making statements or accepting settlements without consulting with a lawyer first.
- Consult with a Michigan Distracted Driving Lawyer: One of the most important steps you can take after a distracted driving accident is to consult with an experienced lawyer. A distracted driving accident lawyer in Kalamazoo County can help you navigate the legal process, negotiate with insurance companies, and ensure you receive the maximum compensation you deserve for your injuries and damages.
Compensation in a Distracted Driving Accident Claim
In a Michigan distracted driving claim, you may be entitled to both economic and non-economic damages. Understanding these types of compensation can help you get a clearer picture of what you may be able to recover after an accident.
Economic Damages
Economic damages are the tangible, out-of-pocket costs that you’ve incurred as a result of the accident. These can include:
- Medical Expenses: These damages cover all current and future medical costs related to your injuries, such as hospital bills, surgeries, medications, physical therapy, and any necessary medical equipment.
- Lost Wages: If your injuries prevent you from working, you can seek compensation for the income you’ve lost during your recovery period. This can also include future lost earnings if your ability to work is impacted long-term.
- Property Damage: You can recover the costs of repairing or replacing your vehicle and any other personal property damaged in the accident.
- Other Out-of-Pocket Costs: This might include costs like transportation to medical appointments, hiring help around the house, or any other expenses directly related to the accident.
Non-Economic Damages
Non-economic damages are more subjective and compensate you for the non-monetary impact the accident has had on your life. They can include:
- Pain and Suffering: This covers the physical pain and emotional distress you’ve endured due to the accident and your injuries.
- Emotional Distress: You may be compensated for anxiety, depression, or other emotional challenges that result from the accident, especially if these issues affect your daily life.
- Loss of Enjoyment of Life: If your injuries prevent you from enjoying activities you once loved, you may be entitled to compensation for this loss.
- Loss of Consortium: If your injuries have affected your relationship with your spouse, such as the loss of companionship or intimacy, you may be able to recover damages for this impact.
These damages are meant to help you recover from the financial burden and personal impact of a motor vehicle accident. A Kalamazoo personal injury lawyer can help you accurately evaluate these damages and pursue the compensation you are entitled to.
Distracted Driving and Michigan’s Comparative Fault Law
Michigan follows a comparative fault rule when it comes to car accidents. This means that if you’re partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you’re found to be 20% at fault for the accident, your compensation could be reduced by 20%.
However, if you’re found to be more than 50% at fault, you may not be able to recover damages at all. This is why it’s critical to work with an attorney at Conybeare Law Office: we can help you prove that the other driver was primarily responsible for the accident due to their distracted driving.
How Much Does a Kalamazoo Distracted Driving Lawyer Cost?
Given your medical bills and inability to work, you might worry about the cost of hiring a Kalamazoo distracted driving lawyer. The good news is that most personal injury lawyers work on a contingency fee basis.
A contingency fee arrangement means that your car accident lawyer only gets paid if you win your case or reach a settlement. The lawyer’s fee is typically a percentage of the amount you recover, so their payment is contingent on the outcome of your case. This percentage is agreed upon before your lawyer takes on your case.
One of the biggest advantages of a contingency fee arrangement is that if you don’t win your case, you don’t owe your lawyer any legal fees. This allows you to pursue compensation without worrying about how you’ll afford legal representation.
It is important to note that while the contingency fee covers your lawyer’s time and effort, there might be other costs associated with your case, such as filing fees, costs for obtaining medical records, or fees for expert witnesses. In many cases, your lawyer may advance these costs and deduct them from your settlement or award. Make sure to discuss these potential costs with an experienced auto accident attorney during your initial consultation, so you’re clear on what to expect.
Get the Compensation You Deserve After a Kalamazoo Distracted Driving Accident
At Conybeare Law Office, we understand the challenges you face after a distracted driving accident. Our experienced attorneys are here to guide you through all stages of your personal injury claim, from gathering evidence and negotiating with insurance companies to representing you in court if necessary. We will fight diligently for the fair compensation you need to cover medical expenses, lost wages, pain and suffering, and more.
If you or a loved one has been injured by a distracted driver, contact Conybeare Law Office today. We’ll discuss your case, answer any questions you have, and help you understand your legal options. Our goal is to provide you with the support and representation you need to move forward with confidence. To schedule your free initial consultation with a personal injury attorney, call 269-769-BEAR or fill out this contact form. Remember: if it’s not fair, call the Bear!