Defendant's Attorney: Bay City, Michigan insurance defense lawyer represented the Defendant.

Description: Bay City, Michigan personal injury lawyer represented the Plaintiff who sued the Defendant on an auto negligence theory.

Understanding Michigan Auto Negligence Law

Navigating the nuances of Michigan auto negligence law can be crucial if you've been injured in a car accident. Here's a breakdown of the key aspects to help you understand your rights and potential legal options:

Duty of care: All drivers in Michigan have a legal duty to act with reasonable care to avoid foreseeable harm to others. This encompasses:

Following traffic laws and regulations.
Maintaining a safe speed for the road and weather conditions.
Paying attention to the road and avoiding distractions.
Yielding the right of way to other vehicles and pedestrians.

Breach of duty: To prove negligence, you must demonstrate the other driver breached their duty of care. This could involve actions like:

Speeding, reckless driving, or driving under the influence.
Disobeying traffic signals or signs.
Failing to yield the right of way.
Distracted driving (e.g., texting, eating).
Maintaining a vehicle in unsafe condition (e.g., faulty brakes, worn tires).

Proximate cause: The breach of duty must be the direct cause of your accident and resulting injuries. In simpler terms, your accident wouldn't have happened but for the other driver's negligence.

Damages: If you can prove both breach of duty and proximate cause, you may be entitled to compensation for your losses, including:

Medical expenses: Costs associated with treating your injuries, including hospital bills, doctor visits, and medications.
Lost wages: Compensation for wages you are unable to earn due to your injuries.
Pain and suffering: Compensation for physical and emotional distress caused by the accident.
Property damage: Repair or replacement costs for your damaged vehicle.

Unique aspects of Michigan law:

Comparative negligence: Michigan follows a modified comparative negligence system. This means you can still recover damages even if you were partially at fault, but your recoverable damages will be reduced by your percentage of fault. However, if you are more than 50% at fault, you cannot recover any damages from the other driver.
Michigan No-Fault Act: This law requires all Michigan drivers to carry no-fault insurance, which covers medical expenses regardless of fault. However, it limits personal injury lawsuits to cases involving serious impairment of body function, death, or property damage exceeding $3,000.
Statute of limitations: You generally have three years from the date of your accident to file a personal injury lawsuit in Michigan.

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Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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