Michigan Texting While Driving Accident Lawyer

texting while driving accident

Although drivers understand the dangers associated with driving and cellphone use, most have a hard time ignoring their device when they get behind the wheel. When they choose to text or talk while driving, they make a choice that can put your life at risk. Their recklessness can lead to a severe or fatal car accident.

At Lipton Law, our Michigan car accident lawyers can help you and your family obtain compensation for losses and damages resulting from a car accident caused by driver distraction. Our Southfield firm was founded in 1964 and is led by a female attorney with over two decades of legal experience. Drawing on extensive personal injury experience, our team of dedicated personal injury lawyers knows how to get positive results in difficult situations. Schedule a free consultation with an experienced car accident attorney at Lipton Law by calling (248) 557-1688 today.

Cell Phone Use and Distracted Driving Accident Statistics

texting and driving car crash

Cell phones are only one cause of distracted driving accidents in Michigan. Distracted driving behaviors include eating, applying makeup, and talking to other passengers while driving. Cell phone use while driving is a serious form of distracted driving that causes 1.6 million motor vehicle accidents every year. Cell phone use while driving is dangerous because it visually, manually, and cognitively distracts drivers. The texting and driving statistics don’t paint a pretty picture:

  • 660,000 drivers use electronic devices while driving during the day, according to the National Highway Traffic Safety Administration.
  • 25% of car accidents in the United States are caused by texting and driving.
  • 25% of teens admit to sending at least one text message every time they drive.
  • 3,142 people were killed by distracted driving in 2020.

Anything that takes the driver’s attention away from the road can result in a deadly accident. It takes an average of 5 seconds to read or send a text message. At 55 mph, this is like driving the length of a football field without paying attention to the road. Cell phone use should be limited to emergency situations to limit the number of distractions while driving.

Michigan Distracted Driving Laws

In many states, texting and driving is considered a “secondary law,” which means that officers have to witness another traffic violation to pull someone over and issue a ticket. In Michigan, a primary texting ban permits law enforcement officers to stop and cite a motorist for texting while driving. Michigan law prohibits all drivers from texting while driving, but not from simply using a hand held cell phone while driving. Unlike other states, there is also no ban on young drivers or school bus drivers. Injured victims have to be able to prove that the driver that caused the accident was texting at the time of the car crash, which can be extremely difficult to do alone. This is when having a Michigan car accident attorney is essential to your case.

Injuries Caused by Distracted Drivers

texting car accidents

A motor vehicle crash caused by a distracted driver can cause severe injuries to everyone involved. Pedestrians and motorcyclists are often at an increased risk of catastrophic injuries. Catastrophic injuries are injuries that leave life-long consequences. This includes traumatic brain injuries, spinal cord injuries, and burn injuries. Some of the common injuries caused by texting drivers include:

Crashes involving dangerous driving habits are more likely to cause fatal injuries.

Wrongful Death

Texting accidents can easily cause fatal crashes that result in a tragic loss of life. If a texting driver caused the unfortunate death of a loved one, they should be held responsible for their decision. A wrongful death claim can help you and your family cover the expensive cost of a sudden funeral. Compensation can also give your family the financial security you need after the death of a loved one.

Liability in Texting and Driving Cases

Proving that a negligent driver was texting at the time of the accident can be a difficult aspect of the case. Michigan is a no-fault accident state, which means to file an insurance claim, you don’t need to go to great lengths to determine who caused the accident. No-fault insurance benefits can cover a some of the financial losses after an accident, but it’s not always enough. To file a personal injury claim, however, you and your legal team have to prove four different elements of legal negligence.

As a driver on the road, certain things are expected of you. Drivers are expected to follow the law and drive safely. Drivers are expected to be aware of their surroundings and be able to make the same decisions that a reasonable person would. As an injured victim, you simply have to prove that the party who caused the accident had some duty of care towards you. This is often demonstrated by them driving on the same roadway at the time of the accident.

When someone breaks the law while driving, they have breached the duty of care that all drivers have. A breach of duty can include:

  • Running a red light
  • Running a stop sign
  • Speeding
  • Driving recklessly
  • Texting while driving

In addition to the breach of duty, you must be able to prove that the accident caused your injuries. The defendant’s legal team may try to imply that your injuries are not as severe as you make them out to be or that your injuries pre-dated the accident. This is why it’s important to get medical documentation of your injuries and follow your doctor’s orders. This is also why we advise against making any statement to an insurance company on your own. An insurance company may use your statement against you.

The final piece of legal negligence is proving that your injuries caused damages or financial losses. Medical bills, lost wages from work, and invoices from fixing your car all contribute toward damages. These costs are often easy to calculate since there are bills and invoices associated with them. Non-economic damages can be awarded if you and your legal team can prove that the injury caused pain and suffering.

Parental Liability

If your accident was caused by a teenage driver, parents can be held responsible for their teen’s poor choices. Under the owner liability statute, the owner of a motor vehicle is responsible for any injuries caused by anyone driving that vehicle.

Are Teenage Drivers More Dangerous Than Adult Drivers?

michigan texting while driving accident

Teenagers often get a bad rap when it comes to life skills that require skill, knowledge, and common sense. The bad reputation may be deserved when it comes to cell phone use while driving. 16-24 year olds have a much higher rate of using their phones while driving than older adults do. Driving takes a lot of focus, especially for new drivers. Anything that takes focus away from the road can result in a deadly accident. A teen driver with a single passenger doubles their risk of getting into a fatal car accident. Two or more passengers make a fatal accident 5 times more likely to happen.

Teenagers know the risks associated with distracted driving. 94% of teen drivers admit that they know the dangers of texting and driving, but 35% continue to text and drive. Research shows that teen drivers are four times more likely to get into car crashes when using a cell phone. This is just one reason why many states have banned any cell phone usage for young drivers.

Compensation in Texting and Driving Cases

Motor vehicle crashes caused by texting and driving can leave you with severe injuries. These injuries often lead to extensive hospital bills and other expenses. At Lipton Law, our attorneys can help you recover compensation for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage
  • Mental anguish
  • Loss of consortium

Compensation may not recover what you lost in the accident, but it can ensure that your financial footing remains stable in the face of a serious accident. Medical bills can quickly bankrupt a family, especially if the injury keeps you out of work for long periods of time.

Michigan Cell Phone Accident Lawyer Holding Negligent Drivers Accountable

It only takes a second for a driver to become distracted for a serious or fatal crash to occur. Unfortunately, the risks of a motor vehicle accident occurring are high enough without cell phone use factored in. Sadly, there is only so much that even the most experienced driver can do to avoid an accident caused by a driver using a cellphone.

People who suffer injury and the family members of those killed in motor vehicle accidents have legal rights and possible options for holding negligent parties accountable. To learn more about how Lipton Law can help you receive the compensation you deserve, contact us online or call (248) 557-1688 today for a free consultation.