Traverse City Distracted Driving Accident Lawyers

Helping Victims of Distracted Driving Accidents in Northern & Western Michigan

Distracted driving is one of the most common causes of car accidents in the United States. Studies have shown that when drivers use a cell phone or engage in other activities, their reaction times slow and their ability to focus on the road is compromised. In some cases, drivers become so engrossed in their cell phone or other activities that they do not even notice another car coming up behind them.

If you were injured in a car accident caused by a driver who was distracted, you may be able to recover compensation for your injuries, medical bills, and other losses. At Miller | Embury PLLC, our Northern & Western Michigan distracted driving accident attorneys in Traverse City are prepared to fight for the compensation you deserve.

Injured by a Distracted Driver? Get the compensation you deserve. Contact us at (888) 224-1239 for a free consultation today!

Understanding Distracted Driving: What You Need to Know

There are several forms of distracted driving, including:

• Using a cell phone, either to talk or send text messages
• Eating and drinking
• Reading a map
• Using a GPS device
• Grooming
• Adjusting the radio, CD player, or other entertainment system
• Reaching for an object in the car
• Tending to children or pets

Even though you may not be actively using your phone, you can still be considered distracted if you are holding your phone and keeping your eyes on it. Anything that keeps your eyes off the road or your hands away from the wheel is a potential hazard.

Key Insights on Michigan's Distracted Driving Laws

Michigan's distracted driving laws primarily focus on mobile phone use and text messaging while operating a motor vehicle. According to Michigan law, it is illegal for a driver to read, manually type, or send a text message while driving. This law applies to drivers of all ages. However, for novice drivers, usually under the age of 18, restrictions are more stringent.

They are prohibited from using a cell phone in any capacity while driving, except in the event of an emergency. It's important to note that Michigan's distracted driving laws aim to maintain road safety by minimizing distractions that can lead to accidents. Nonetheless, while the law is specific about mobile phone usage and texting, it broadly encompasses any activity that could divert attention from driving, potentially leading to legal consequences in the event of an accident.

Common Injuries in Distracted Driving Accidents

A distracted driving accident can cause a wide range of injuries, some of which can have long-term consequences. Common injuries include:

• Whiplash and Soft Tissue Injuries – Sudden impact can cause the head to jerk forward and backward, straining the muscles and ligaments in the neck and shoulders.
• Traumatic Brain Injuries (TBIs) – Concussions and more severe brain injuries can occur if the head hits the steering wheel, dashboard, or window. These injuries may lead to memory loss, dizziness, and long-term cognitive issues.
• Broken Bones and Fractures – The force of a crash can easily break bones, particularly in the arms, legs, ribs, or even the skull.
• Spinal Cord Injuries – Damage to the spine can lead to chronic pain, limited mobility, or even paralysis, depending on the severity of the injury.
• Psychological Trauma (PTSD, Anxiety, etc.) – Car accidents can be emotionally devastating, causing anxiety, depression, or post-traumatic stress disorder (PTSD), which may require professional treatment.

Proving Liability in a Distracted Driving Case

To recover compensation, you must prove that the other driver was distracted at the time of the accident. This often requires strong evidence, such as:

• Police Reports & Witness Statements – Official accident reports and eyewitness testimonies can confirm if the driver appeared distracted before the crash.
• Cell Phone Records – Phone records can show if the driver was texting, calling, or using apps at the time of the accident.
• Surveillance & Dashcam Footage – Video evidence from traffic cameras, security cameras, or dashcams can provide clear proof of distraction.
• Accident Reconstruction Experts – Specialists can analyze skid marks, vehicle damage, and other factors to determine whether the driver was distracted.

Steps to Take After a Distracted Driving Accident

If you're involved in a distracted driving accident, taking the right steps can protect your health and legal rights:

• Seek Medical Attention – Even if injuries seem minor, see a doctor immediately. Some symptoms may appear hours or days later.
• Collect Evidence at the Scene – Take photos of vehicle damage, injuries, road conditions, and any visible distractions (e.g., a phone in the other driver’s hand).
• Contact an Experienced Attorney – A lawyer can guide you through the legal process, help gather evidence, and negotiate with insurance companies.
• Deal with Insurance Companies Carefully – Avoid giving recorded statements without legal guidance, as insurers may try to minimize your claim.

If you or a loved one has been injured in a distracted driving accident, legal help is available to fight for the compensation you deserve.

Get the Compensation You Deserve for Your Injuries

At Miller Embury PLLC, our experienced personal injury attorneys are well-versed in Michigan's distracted driving laws, and can provide comprehensive support if you've been involved in a distracted driving accident. We work diligently to gather key evidence, such as cell phone records and witness testimonies, that can establish the other driver's negligence.

Additionally, we can help our clients navigate complex insurance processes, ensuring you receive the compensation you deserve for medical expenses, property damage, lost wages, and more. Our attorneys also possess the skills to negotiate effectively with insurance companies, and will not hesitate to take your case to court if necessary. With our legal team by your side, rest assured that your rights will be robustly protected throughout the process.

Frequently Asked Questions (FAQ) About Distracted Driving Accidents

What qualifies as distracted driving in Michigan?

• Distracted driving includes any activity that takes a driver’s attention away from the road. While texting and phone use are common distractions, other actions like eating, adjusting the radio, talking to passengers, or reaching for objects can also contribute to accidents.

Can I still file a claim if I was partially at fault for the accident?

• Yes. Michigan follows a comparative fault rule, meaning you can still recover compensation if you were less than 50% responsible. However, your settlement may be reduced based on your percentage of fault.

What should I do if the at-fault driver denies being distracted?

• If the other driver denies distraction, your attorney can help gather evidence, such as phone records, witness statements, surveillance footage, and accident reconstruction reports, to prove negligence.

How long do I have to file a lawsuit for a distracted driving accident in Michigan?

• In Michigan, you have three years from the accident date to file a personal injury lawsuit. For wrongful death cases, the deceased’s family or estate has three years from the date of death. Missing the deadline may forfeit your right to compensation for medical bills, lost wages, or funeral expenses.

Can I sue a rideshare or commercial driver for distracted driving?

• Yes. If a rideshare (Uber/Lyft) or commercial truck driver was distracted and caused an accident, you may have a case against both the driver and their employer, depending on the circumstances. Companies can be held liable for their employees' negligence.

Will my case go to court, or can it be settled out of court?

• Most distracted driving accident cases are settled through negotiations with insurance companies. However, if a fair settlement isn’t offered, your attorney may recommend taking the case to court to pursue full compensation.

Don’t Let a Distracted Driver’s Negligence Ruin Your Life! Contact us at (888) 224-1239 and let our experienced attorneys fight for you.