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In Michigan, as in any other state, all drivers have a duty to obey traffic laws and drive carefully to minimize the risk of accidents on the road. Unfortunately, drivers do not always adhere to this duty and end up causing accidents that result in serious injuries or even deaths. If your loved one was killed in a car accident due to someone else, you may be able to take legal action against the at-fault party. At Davis Law Center, our experienced car accident and wrongful death attorneys understand how to navigate these complicated and high-stakes claims.
In a recent study, the National Safety Council reported that motor vehicle accident deaths increased by six percent in 2016 as compared to 2015. Specifically, auto accident fatalities topped 40,000 for the first time since 2007. These numbers were similar to the National Highway Traffic Safety Administration’s findings, which stated an eight percent increase in fatal crashes in the first nine months of 2016 compared to the prior year. According to the Insurance Institute for Highway Safety, there were 893 fatal crashes in Michigan in 2015, resulting in 963 deaths.
When a driver’s negligence causes an accident and the death of your loved one, you can file a wrongful death claim against that driver. Under Michigan Compiled Laws Section 600.2922, a wrongful death action is appropriate when a death is caused by the “wrongful act, neglect, or fault of another.” Negligence refers to a driver’s failure to exercise reasonable care behind the wheel, thereby causing injuries or death to someone else. Reasonable care is defined as how a prudent driver would act under the same or similar circumstances. For example, a driver who causes a fatal car accident by excessively speeding would likely be liable for the resulting harm. This is because a prudent driver using reasonable care would not excessively speed, understanding the risk of accidents and injuries associated with such behavior.
When you unexpectedly lose a loved one, not only are you dealing with grief, but also you may be worrying about your financial future. Fortunately, Michigan law permits plaintiffs to recover wrongful death damages, including medical expenses incurred prior to the decedent’s death, pain and suffering, funeral and burial expenses, and costs related to damaged property, as well as loss of care, companionship, and other intangible benefits.
There is nothing more painful than the untimely death of a loved one. At Davis Law Center, our Michigan car accident and wrongful death attorneys are committed to pursuing the justice and compensation you deserve for the loss of your loved one. With years of experience, we know how to build a strong case and protect your rights at every step of the way. We are here to answer your questions and address your concerns. To discuss your case in more detail, call us at 248-865-7740 or contact us online.