Car Accidents
At Crane Law, we handle employment, discrimination and personal injury cases throughout Michigan.
Since 1995, Steve Crane has successfully represented persons like you.
As an experienced lawyer, Steve can gauge when it makes sense to go to court. He knows that a letter or phone call — with proper wording and timing — can be more effective or cost-efficient than suing for damages or injunctive relief.
For those cases that must be presented to a judge or jury, he is eminently qualified to assert your interests.
If you have sustained a workplace injury, call Steve free. He and his team can assess the facts of your case and help you determine the best course of action to move forward.
To schedule a discrete and confidential consultation about your matter, call Steve free at (888) 855-4400.
The number of auto crashes is increasing at an alarming rate annually
The National Highway Traffic Safety Administration (NHTSA) reports that there were 5.25 million police-reported crashes in 2020, with about 2.28 million people injured and nearly 39,000 people killed that year. This represents the highest number of fatalities since 2007.
The number of police-reported crashes in 2020 decreased by 22% compared to 2019, and the number of people injured declined by 17%.
While the number of crashes and traffic injuries declined overall, fatal crashes increased by 6.8%. The fatality rate per 100 million vehicle miles traveled increased to 1.34, a 21% increase from 2019 and the highest since 2007.
In 45% of fatal crashes, the drivers of passenger vehicles were engaged in at least one of the following risky behaviors: speeding, alcohol impairment, or not wearing a seat belt.
Every day, about 37 people in the United States die in drunk-driving crashes — that’s one person every 39 minutes. In 2021, 13,384 people died in alcohol-impaired driving traffic deaths — a 14% increase from 2020. These deaths were all preventable.
Do I need an auto accident attorney?
Certain universal truths apply to all motor vehicle accidents. Regardless of the specific details of the crash, individuals involved in car accidents are susceptible to insurance company tactics if they lack representation from a competent attorney. Giant corporations such as State Farm, GEICO, Progressive, and others have achieved their mega-corporation status by effectively minimizing costs and maximizing profits. In car accident settlement negotiations, these insurance carriers often offer the minimum possible amount, utilizing skilled claims adjusters and attorneys who can cast doubt on what might seem like a straightforward insurance claim.
Insurance companies are well aware of attorneys and law firms that are willing to go to trial instead of settling quickly, potentially jeopardizing their ability to avoid full compensation. To safeguard yourself against the deep pockets and seasoned legal teams of insurance companies, it is crucial to enlist the services of car accident lawyers with expertise in handling car accident cases.
Determining fault in the aftermath of an accident is not always straightforward. A case in point is the ruling by National Transportation Safety Board (NTSB) officials, who determined that the Tesla lithium-ion traction battery played a partial role in a tragic crash resulting in the deaths of two teenage boys. The accident occurred when the 38-year-old Tesla driver lost control of the vehicle, traveling at a speed of 71 miles per hour. The driver was transported to a local hospital, where he died from blunt-force trauma injuries.
The NTSB concluded that the primary cause of the crash was the high speed at which the driver was traveling. However, they also found that the battery contributed to the severity of the incident, igniting flames due to damage.
Specifically, the NTSB reported the cause of the crash as follows:
The probable cause of the Mountain View, California, crash was the Tesla Autopilot system steering the sport utility vehicle into a highway gore area due to system limitations, and the driver’s lack of response due to distraction likely from a cell phone game application and overreliance on the Autopilot partial driving automation system. Contributing to the crash was the Tesla vehicle’s ineffective monitoring of driver engagement, which facilitated the driver’s complacency and inattentiveness. Contributing to the severity of the driver’s injuries was the vehicle’s impact with a crash attenuator barrier that was damaged and nonoperational at the time of the collision due to the California Highway Patrol’s failure to report the damage following a previous crash, and systemic problems with the California Department of Transportation’s maintenance division in repairing traffic safety hardware in a timely manner.
While this case represents an extreme example, it underscores the importance of not assuming ineligibility for compensation after an accident that has caused injury to you or a loved one. Instead, reach out to CraneRayes. Allow us to listen to your case, investigate, and explore how we can safeguard your rights and pursue the compensation you rightfully deserve.
Types of auto accidents
Different types of car accidents each pose a risk of injury or even death, depending on the circumstances. These include how fast the vehicles were going, whether the occupants were wearing seat belts, whether the collision involved a truck accident, pedestrian accident, or motorcycle accident, and the size difference between the cars and objects involved in the collision. Some of the more common types of accidents include:
Head-on collisions: While head-on collisions account for a very small number of accidents across the nation, they are over-represented in the number of fatalities resulting from those accidents. The danger of head-on collisions lies in the speed at which each vehicle travels. The forward motion of the vehicles when they collide increases the energy of the impact.
Rear-end accidents: Rear-end accidents are commonly caused when the following vehicle travels too close to the lead vehicle and cannot stop safely when the lead vehicle suddenly stops or slows. While rear-end accidents are often considered minor, there are around 1.7 million rear-end collisions in the U.S. each year, accounting for around 1,700 deaths and half a million injuries.
T-bone collisions: This accident most commonly happens at intersections when one vehicle fails to yield the right-of-way to another vehicle. T-bone collisions tend to be particularly dangerous for occupants sitting on the side of the struck vehicle due to a lack of protection on the sides of its structure.
Sideswipe accidents: Sideswipe accidents occur when a vehicle fails to maintain its own lane, drifting or swerving into another traffic lane, or when one driver attempts to change lanes without ensuring that the lane, he or she is merging into is clear.
Chain reaction crashes: Often, a two-vehicle crash occurs, and the impact of the collision causes one of the vehicles to crash into a third vehicle. Many vehicles may be involved in interstate accidents, commonly called pileups.
Single-vehicle accidents: A study revealed that—while most drivers worry about being killed in an accident with another vehicle—the most common type of car accident, which results in more than half of all traffic-related fatalities, is the single-vehicle crash.
Causes of auto accidents
There are also many reasons why car accidents happen, mostly related to human error. Here are some of the top causes of collision:
Speeding: In one recent year, speeding killed more than 9,000 people nationwide, making it one of the deadliest causes of car accidents. Speeding involves exceeding the posted speed limit and driving too fast for the roadway conditions. Speeding is dangerous as it reduces the time a driver must perceive a danger on the roadway, increases the distance that the vehicle requires to come to a safe stop, and reduces the effectiveness of the vehicle’s protective features, such as seat belts, airbags, and the steel frame.
Distracted driving: Distracted driving poses a major hazard to others on the roadway. There are three types of distractions:
- Manual distractions cause the driver to take their hands from the wheel.
- Visual distractions draw the driver’s eyes from the road.
- Cognitive distractions take the driver’s attention away from the task of driving.
Texting is of particular concern, as it results in all three types of distractions. Other common causes of driver distraction include other types of cell phone use, such as email or social media; eating or drinking; adjusting the vehicle or stereo controls; visiting with other occupants in the vehicle; or external distractions, such as billboards, people in other cars, or rubbernecking past other accidents.
Alcohol impairment: Drunk driving results in more than 10,000 deaths a year. In the U.S., a person dies in an alcohol-related crash every 48 minutes, and the cost to society of alcohol-related accidents is around $44 billion a year. Alcohol impairment produces deficits in many skills a person needs to safely operate a motor vehicle, including the ability to track moving targets, steer and brake effectively, respond appropriately to emergency driving situations, and concentrate.
Fatigued driving: Drowsy driving presents many of the same impacts on a person’s skills needed for driving. While any driver is at risk of drowsy driving, long-haul truck drivers, shift workers, and those who suffer from sleep apnea are especially prone to the hazards of driving while fatigued. The effect of this condition is often extreme drowsiness, even if the person gets a healthy amount of rest.
Confusion/getting lost: Drivers who are lost or who have missed their turn tend to make more errors, such as changing lanes without ensuring that the lane they’re changing to is clear or turning the wrong way onto a one-way road.
Defective car parts: In the accident involving a Tesla, the driver’s lack of response due to distraction, likely from a cell phone game application and overreliance on the Autopilot partial driving automation system, was found to have increased the severity of the crash. Manufacturers and distributors of auto parts must ensure that those parts are safe for use when used as instructed on the product’s label. Those who fail to do so can be found liable for the injuries and deaths that result from the part’s malfunction.
Lack of maintenance: A poorly maintained vehicle is a dangerous vehicle. Certain parts can malfunction due to a lack of maintenance and cause the driver to lose control of their vehicle. Tires are one of these parts. When a tire blows, it causes the vehicle to pull dramatically to the side where the blowout occurs. The tire pieces can also create a hazard to other drivers by striking other vehicles or producing debris on the roadway. Disabled vehicles on the side of the road are also hazardous, as they distract other drivers.
Common injuries associated with auto accidents
Nearly every part of the body can become injured in a car accident, depending on the circumstances of the crash. These serious injuries can be life-threatening, if not life-altering.
Brain injuries: Motor vehicle accidents are one of the top causes of traumatic brain injury due to a sudden jolt or blow to the head. Brain injuries can result in death or permanent, life-changing injuries. Depending on the severity of the injury and the portion of the damaged brain, those living with brain injuries may experience deficits in memory, coordination, communication, and movement.
Spinal cord injuries: Spinal cord injuries, along with brain injuries, are among the most serious and consequential. The spinal cord extends from the base of the skull all the way to the lower back, near the waist. The higher up the injury occurs, the more serious the injury.
Damage to the cervical spine may result in tetraplegia, also known as quadriplegia, which is loss of sensation and function to all limbs, the chest, torso, and pelvis. Injuries occurring lower on the spine, in the thoracic or lumbar region, may result in paraplegia, which is loss of function and sensation to the legs and pelvis. Currently, there is no cure for spinal cord injuries. Prompt medical attention and thorough treatment are key in retaining as much function below the injury as possible.
Broken bones: Broken bones can lead to loss of function in a limb and chronic pain. They can even place the patient at risk of infection if the bone protrudes through the skin or internal damage if the jagged fragments of bone contact internal organs, as is often the case with broken ribs.
Burns: Hot metal, caustic chemicals, and the potential for a vehicle to catch on fire following an accident all make burns a common injury for car accident victims. In addition to producing scarring, which may require skin grafts to repair, burns also increase the risk of infections and can cause impaired breathing if the burn is located near the airway.
Soft tissue injuries: Whiplash is a type of soft tissue injury that is often considered “minor.” However, patients who suffer whiplash and other soft tissue injuries often struggle with chronic pain long after healing.
Amputated limbs: In severe crashes, an individual may lose a limb torn or crushed by jagged, heavy metal. Limb amputations may also occur when treating the injury medically, in cases where the limb is too damaged to repair.
Are auto accident attorneys worth it?
Yes, particularly following an automobile collision resulting in severe injuries such as fractured bones, disfigurement, limited use of a body part or function, or disability. Such injuries can be compensated to the maximum degree by a personal injury attorney.
A car accident injury attorney advocates for clients injured in car accidents and protects the client’s legal interests against individuals and entities who might try to deny or impede their rights. For example, the responsible driver’s insurer and aggressive defense attorneys usually hope to pin “fault” on the accident victim instead of admitting their own blameworthy client was responsible.
During what can be a difficult and confusing period for car crash victims and their families, attorneys provide an impartial, rational perspective. They can help their clients make informed decisions in a timely manner despite the emotional and financial challenges posed.
Finally, an experienced car accident attorney acts as the client’s representative in pursuing the client’s legal right to justice and a fair outcome. Whether through negotiated settlements or verdicts after jury trials, dedicated injury lawyers are committed to the best possible resolutions for their clients. The sooner you hire a car accident lawyer for help after an accident, the sooner they can start protecting you and your right to receive the compensation you deserve.
Consult an Auto Accident Attorney, even if Your Car Accident Was Minor
Even if your car accident was minor, you can’t know that you’re getting the best settlement offer from your insurance coverage without the help of an experienced attorney. Additionally, you should still see a doctor as soon as reasonably possible, even if you do not feel or see an immediate injury. Your adrenaline rises during an accident; thus, you may not feel pain until that excitement dies. Take advantage of a free consultation with a personal injury attorney. Attorneys offer free consultations so prospective clients are aware of all their options and can make the best decision without anyone’s time being wasted.
Hire an Attorney from a Reputable Firm, not a Settlement Mill
Take the time to find the best car accident attorney for your legal process. Do your research and be diligent. Some firms make money by accepting a large volume of smaller cases and settling them as quickly as possible. These are known as settlement mills; you can spot them with flashy advertising.
Instead of relying on ads, do some research, read reviews, check the firms’ results, and call around to find the best car accident lawyer for your needs. Finding a reputable personal injury attorney is the first step to obtaining the settlement you need to move forward.
Settlement mills do not rely on current or former clients to refer their friends and family to them, so they can afford to employ a “mill mentality” in handling their cases. Most personal injury attorneys at these firms take very few cases to trial, even if the situation requires it. Settlement mills tend to leave money on the table at the time of settlement because they are more concerned with resolving a volume of personal injury cases each month to pay their expensive advertising budget.
Remember that even an average trial lawyer is better than a settlement mill because the insurance carrier must spend money defending a trial or a case that has advanced far in litigation. The goal of any insurance carrier is to save money and forcing them to run up costs gets their immediate attention.
What to expect at your initial consultation
Trustworthy car accident attorneys offer a free consultation where they will explain how your state’s PIP system works and how they will approach your own insurance company and the at-fault driver’s insurance company.
At a minimum, you should be informed about the process of filing an accident claim in the state where the accident happened and the appropriate timeline and deadlines that affect your situation. Of course, there are practical limitations to that advice — you will most likely not be able to call an attorney while still at the scene of the accident or while dealing with acute injuries in the emergency room. While seeking medical care should always be your first priority, calling a skilled lawyer as soon as possible will almost always benefit you.
How much is my car accident settlement worth?
Car accident victims receive varying settlement offers depending on several factors:
- The severity of the injury (including a settlement for a back and neck injury).
- Past and future medical expenses • Other damages include lost wages and pain and suffering.
- Witness testimony and the circumstances surrounding the accident • Suggested fault • The age of the injured party.
- The effects the injury has on your everyday life.
Insurance companies use an algorithm to compute their suggested case value and settlement amount. Based upon this number, the company will use an insurance adjuster or attorney to offer your attorney a certain sum to settle your case.
What damages can you pursue in a car accident claim?
After a car accident, a victim can file a car accident claim with the at-fault party’s insurance company to pursue compensation for damages. These are losses associated with your accident and severe car accident injuries.
You could incur two types of damages from a car accident: economic and non-economic.
Economic damages, or special damages, are those that affect someone’s finances, such as the monetary charges they incur from their injuries. Non-economic damages are intangible losses that affect a car accident victim’s mental health and quality of life.
The following are some damages you could pursue through a car accident claim:
- Medical bills
- Lost wages
- Lost earning potential
- Loss of enjoyment of life
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of parental services
- Funeral and burial costs
How long does a car accident lawsuit take?
Each auto accident lawsuit is factually different, so the time to resolve them varies depending on various factors:
- The insurance carrier(s) and adjuster(s) involved.
- Past and future medical treatment
- Any witnesses involved.
- Whether liability is determined or admitted
Depending on the factors above, your lawsuit may take anywhere from several months to one or two years.
How long do I have to get a lawyer after a car accident?
If you’ve been injured in a Michigan auto accident, you generally have three years from the date of the crash to file a lawsuit against the at-fault driver for the injuries you sustained. This three-year period is known as the “statute of limitations.” It applies to both bodily injury and wrongful death claims.
How can I maximize my car accident settlement?
You can maximize your personal injury claim by working with an experienced personal injury lawyer who can:
- Find witnesses.
- Document your injuries in great detail.
- Keep all documents (medical records, hospital bills, insurance information, police report, witness information, etc.)
- Help you document the limitations your injury imposes on your daily life.
It is equally important that you follow your medical provider’s treatment plan and that you always attend scheduled appointments because doing so decreases the legitimacy of your claim to the adjuster evaluating the same.
A Car Crash Attorney Can Negotiate with the Insurance Company from a Position of Strength
One option for seeking accountability and compensation available to car accident victims and their lawyers is to negotiate with parties with legal liability for the crash (which usually also includes those parties’ insurance carriers). Collision attorneys frequently carefully consider how to enter these negotiations to give a client the best chance of recovering the most money possible. The most significant consideration in that regard is the lawyer’s assessment of when the client’s case has reached peak strength since that is usually the most advantageous moment to press the other side for maximum payment.
An Attorney Can Defeat the Underhanded Tactics Used by Insurance Carriers
Car accident lawyers and their clients cannot always dictate the terms of negotiations. Insurance companies have a bag of tricks they often deploy in hopes of minimizing the amount of money they need to spend to escape liability for an accident. One such tactic is negotiating directly with a victim before the victim can hire a car accident lawyer.
The insurance companies hope to catch accident victims at a vulnerable moment and convince them to jump at what is almost always a lowball settlement offer. Underhanded tactics like this illustrate why we believe it is crucial for accident victims to retain experienced car accident injury counsel immediately.
Dealing with aggressive insurance adjusters is much easier when all you have to say is, “Talk to my lawyer.” Letting a collision attorney take over discussions with the insurance company levels the playing field and lets you decide when your case is strong enough to press your advantage.
You May Need a Skilled Trial Advocate
Car accident victims and their lawyers can also take legal action against the parties responsible for causing the accident. Depending on the facts and circumstances of the crash, the lawyer and client may decide to file a lawsuit right away or to give negotiations a chance to play out before suing. They may also need to collect more evidence before deciding on a course of action.
The most important factors in taking legal action can be the skill, experience, and reputation of the car crash law firm the victim hires to file the case. Not all attorneys who advertise for car accident cases can take a case to trial and win. A victim cannot hope to recover maximum compensation without an experienced trial lawyer by their side.
Most car accident cases settle before they ever see the inside of a courtroom. However, unless the other side knows the victim’s lawyer can take a case to trial and win, they and the insurance representatives will try to settle to avoid going to court. A lawyer can win a higher-value settlement for their clients simply by having a reputation as a trial lawyer to be feared.
Of course, some cases do not settle. In those instances, a victim always benefits from having an attorney who wasn’t bluffing in telling the other side they’d “see them in court.” No lawyer can guarantee the outcome of a trial or settlement negotiations. But victims give themselves the best chance of winning when they retain legal counsel who always looks at a case with an eye toward how to win.
Not Hiring a Car Accident Attorney Costs You Money!
We would be remiss not to mention another consideration when hiring an attorney after a car accident: waiting can cost you money – potentially lots of it. The older a case is when an attorney takes it, the more evidence can become stale, and the investigation will be more difficult.
Witnesses’ memories fade, first responders move on, and accident scenes get cleaned up. The passage of time steadily eats away at the money an accident victim might hope to recover.
Then, there is the statute of limitations, a state law that sets the deadline by which an accident victim can file a lawsuit. If you miss this deadline, you lose your legal rights to compensation altogether. Most car accident lawsuits must begin no later than four years after the accident and just two years if the victim dies in the crash.
In other words, if you wait too long to get a good auto accident attorney after a car accident, your claim will be worth zero. A lawyer can ensure you complete all deadlines and are more than aware of how time can play an integral role in a car accident lawsuit. Placing your case in a lawyer’s hands as soon as possible also gives your legal team the additional time they need to stay ahead of the curve.
QUICK LINKS
The Number of auto crashes is increasing at an alarming rate annually
Do I need an auto accident attorney?
Common injuries associated with auto accidents
Are auto accident attorneys worth it?
What to expect at your initial consultation
How much is my car accident settlement worth?
What damages can you pursue in a car accident claim?
How long does a car accident lawsuit take?
How long do I have to get a lawyer after a car accident?
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